Gayler v. High Desert State Prison et al

Filing 22

ORDER Granting 21 First Motion for Extension of Time to File a Joint Interim Status Report. Deadline: 1/2/2020. Signed by Magistrate Judge Elayna J. Youchah on 12/23/2019. (Copies have been distributed pursuant to the NEF - SLD)

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ADAM PAUL LAXALT
Nevada Attorney General
Katlyn M. Brady (Bar No. 14173)
Deputy Attorney General
Office of the Attorney General
555 E. Washington Ave., Ste. 3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Defendants
James Dzurenda, Brian Williams,
and Perry Russell

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRANDYN GAYLER,

CASE NO. 2:17-cv-02429-JAD-GWF

Plaintiff,

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vs.

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HIGH DESERT STATE PRISON, et al.,

MOTION FOR AN EXTENSION OF
TIME TO FILE A JOINT INTERIM
STATUS REPORT (FIRST REQUEST)

Defendants.

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Defendants, James Dzurenda, Brian Williams, and Perry Russell, by and through

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counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Katlyn M. Brady,

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Deputy Attorney General, requests this Court grant a fourteen (14) day extension of time

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to file a joint interim status report.
This Court should grant Defendants’ motion for an extension of time to file a joint

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status report.

To date, Defendants have not received any information from Plaintiff

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regarding the estimated trial length or trial availability. Undersigned counsel is in the

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process of arranging a telephonic meeting to discuss this information.

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Defendants request a short extension to file the joint interim status report.

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I.

Accordingly,

BACKGROUND

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On August 27, 2019, this Court entered a scheduling order. ECF No. 18. The Court

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ordered the parties to submit an Interim Status Report on or before December 19, 2019.

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Id. To date, Plaintiff has not contacted undersigned counsel to provide the necessary

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information or discuss the possibility of using the Short Trial Program. See Declaration of

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Counsel, attached as Exhibit A. Accordingly, undersigned counsel is in the process of

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arranging a telephonic conference to discuss these issues. Id. However, the conference

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cannot be completed before the December 19, 2019, deadline.

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II.

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APPLICABLE LAW
Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), this Court may extend the

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time to perform an act within a specific time for good cause shown.

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III.

LEGAL ARGUMENT

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This Court should grant Defendants’ motion to extend the deadline to file a Joint

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Interim Status Report. To date, Plaintiff has not contacted undersigned counsel to prepare

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a Joint Interim Status Report. Accordingly, undersigned counsel is in the process of

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arranging a telephonic meeting to discuss the Joint Interim Trial Report. Good cause exists

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to extend the deadline based on the parties’ inability to meet concerning this filing.

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Defendants therefore request this Court grant the parties until January 2, 2020 to file a

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Joint Interim Status Report.

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IV.

CONCLUSION

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This Court should grant an extension of deadline to file a Joint Interim Status

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Report. Counsel is diligently working to complete the Joint Interim Status report, but has

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been unable to do so.

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DATED this 19th day of December, 2019.

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Respectfully submitted,

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AARON D. FORD
Attorney General

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IT IS SO ORDERED.

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By: /s/ Katlyn M. Brady
Katlyn M. Brady (Bar No. 14173)
Deputy Attorney General
Attorneys for Defendants

________________________
U.S. MAGISTRATE JUDGE
Dated: December 23, 2019

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