Johnson v. Barrett et al

Filing 120

ORDER granting 119 Unopposed Motion to Extend time; Motion for Summary Judgment shall be filed by 10/6/2021. Signed by Magistrate Judge Brenda Weksler on 9/8/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:17-cv-02304-RFB-BNW Document 119 Filed 09/07/21 Page 1 of 4 120 09/08/21 1 2 3 4 5 6 7 8 AARON D. FORD Attorney General AMY A. PORRAY (Bar No. 9596) Deputy Attorney General State of Nevada Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 (702) 486-3216 (phone) (702) 486-3773 (fax) Email: Attorneys for Defendants Regina Barrett, Christopher Harris, Julio Mesa, and Timothy Knatz 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 LAUSTEVEION JOHNSON, 13 Case No. 2:17-cv-02304-RFB-BNW Plaintiff, 14 v. 15 REGINA BARRETT, et al., 16 Defendants. DEFENDANTS’ UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT 17 18 Defendants Regina Barrett, Christopher Harris, Julio Mesa, and Timothy Knatz, by 19 and through counsel, Aaron D. Ford, Nevada Attorney General, and Amy A. Porray, Deputy 20 Attorney General, of the State of Nevada, Office of the Attorney General, hereby submit 21 their Unopposed Motion for an Extension of Time to File Motion for Summary Judgment. 22 Defendants seek an extension of time from September 6, 20211 to October 6, 2021.2 23 /// 24 /// 25 /// 26 27 28 30 31 September 6, 2021, was the Labor Day Holiday. Accordingly, the deadline is September 7, 2021, which makes the instant motion timely. However, for purposes of calculating 30 days, the September 6, 2021, deadline will be used. 2 This extension to file dispositive motions applies, of course, to Plaintiff as well. 1 Page 1 of 4 Case 2:17-cv-02304-RFB-BNW Document 119 Filed 09/07/21 Page 2 of 4 120 09/08/21 1 I. INTRODUCTION 2 Defendants respectfully request this Court grant their request to extend the 3 deadline to file the motion for summary judgment. The parties conducted a meet and confer 4 telephone conference on September 1, 2021, wherein the parties agreed to a 30-day 5 extension of time to file dispositive motions. This was primarily because of the resignation 6 of Senior Deputy Attorney General (SDAG) Katlyn Brady and the interim reassignment of 7 this case to the undersigned DAG. The parties agreed that a 30-day extension was mutually 8 beneficial. Accordingly, good cause exists to grant the instant motion for extension of time. 9 II. LEGAL ARGUMENT 10 District courts have inherent power to control their dockets. Hamilton Copper & 11 Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 12 958 F.2d 272, 273 (9th Cir. 1992). Rule 6(b)(1), Federal Rules of Civil Procedure, governs 13 extensions of time: 14 15 16 17 When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect. 18 “The proper procedure, when additional time for any purpose is needed, is to present 19 to the Court a timely request for an extension before the time fixed has expired (i.e., a 20 request presented before the time then fixed for the purpose in question has expired).” 21 Canup v. Miss. Valley Barge Line Co., 31 F.R.D. 282, 283 (D. Pa. 1962). The Canup Court 22 explained that “the practicalities of life” (such as an attorney’s “conflicting professional 23 engagements” or personal commitments such as vacations, family activities, illnesses, or 24 death) often necessitate an enlargement of time to comply with a court deadline. Id. 25 Because of SDAG Brady’s resignation, the undersigned DAG has immediately 26 assumed responsibility for additional cases, case deadlines, and responsibilities. Although 27 SDAG Brady has not yet left the OAG, the undersigned has already assumed these 28 responsibilities to assist with SDAG Brady’s transition from the OAG and wrap-up. The 30 Page 2 of 4 31 Case 2:17-cv-02304-RFB-BNW Document 119 Filed 09/07/21 Page 3 of 4 120 09/08/21 1 undersigned conducted a telephonic meet and confer with Plaintiff on September 1, 2021, 2 to discuss the instant case and upcoming dispositive motion deadline.3 The undersigned 3 explained to Plaintiff about the reassignment of cases and the need for an extension. The 4 undersigned also explained that the extension would, of course, apply reciprocally. Plaintiff 5 agreed to the filing of an unopposed motion. Accordingly, good cause exists for an extension 6 of time. 7 III. CONCLUSION 8 Defendants’ unopposed motion for an extension of time should be granted. 9 Defendants request an extension from the current due date of September 6 to October 6, 10 11 2021. This motion is brought in good faith and not for the purposes of delay. DATED this 7th day of September, 2021. 12 AARON D. FORD Attorney General 13 By: /s/ Amy A. Porray AMY A. PORRAY (Bar. No. 9596) Deputy Attorney General 14 15 Attorneys for Defendants 16 17 Order 18 IT IS SO ORDERED 19 DATED: 9:22 am, September 08, 2021 20 21 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 30 31 In addition to assuming this case of Plaintiff’s, the undersigned DAG has assumed two (2) other of Plaintiff’s active cases. Plaintiff and the undersigned discussed those cases as well. 3 Page 3 of 4 Case 2:17-cv-02304-RFB-BNW Document 119 Filed 09/07/21 Page 4 of 4 120 09/08/21 1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, 3 and that on September 7, 2021, I electronically filed the foregoing DEFENDANTS’ 4 UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE MOTION FOR 5 SUMMARY JUDGMENT via this Court’s electronic filing system. 6 registered with this Court’s electronic filing system will be served electronically. For those 7 parties not registered, service was made by emailing a copy at Las Vegas, Nevada, 8 addressed to the following: 9 10 11 12 Parties who are Lausteveion Johnson, #82138 Warm Springs Correctional Center P.O. Box 7007 Carson City, Nevada 89701 Email: Plaintiff, Pro Se 13 14 15 /s/ Carol A. Knight CAROL A. KNIGHT, an employee of the Office of the Nevada Attorney General 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 Page 4 of 4

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