Carley v. Gentry et al

Filing 130

ORDER granting ECF No. 127 Motion for Extension of Time. Defendants' response to the Motion to Compel Discovery (ECF No. 122 ) is due by April 28, 2021. Signed by Magistrate Judge Cam Ferenbach on 4/5/2021. (Copies have been distributed pursuant to the NEF - AB)

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AARON D. FORD
Attorney General
ANDREA M. DOMINGUEZ, Bar No. 15209
Deputy Attorney General
State of Nevada
Public Safety Division
100 N. Carson Street
Carson City, Nevada 89701-4717
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendants
James Dzurenda, Charles Daniels,
Sheryl Foster, Jo Gentry, Tanya Hill,
Gabriela Najera, Dwight Neven,
Cynthia Ruiz, Kim Thomas, and Patrick Vejar

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ELIZABETH CARLEY,

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Plaintiff,

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vs.

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JO GENTRY, et al.,

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Case No. 2:17-cv-02670-MMD-VCF
MOTION FOR EXTENSION OF TIME
TO RESPOND TO PLAINTIFF’S MOTION
TO COMPEL DISCOVERY (ECF NO. 122)
(FIRST REQUEST)

Defendants.

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Defendants, Sheryl Foster, Patrick Vejar, Jo Gentry, James Dzurenda, Charles

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Daniels, Gabriela Najera, Tanya Hill, Dwight Neven, Cynthia Ruiz, and Kim Thomas, by

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and through counsel, Aaron D. Ford, Nevada Attorney General, and Andrea M.

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Dominguez, Deputy Attorney General, of the State of Nevada, Office of the Attorney

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General, hereby move for an extension of time to file a response to Plaintiff’s Motion to

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Compel Discovery (ECF No. 122). This motion is based on the following Memorandum of

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Points and Authorities and on all papers and pleadings on file.

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MEMORANDUM OF POINTS AND AUTHORITIES

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I.

FACTUAL ANALYSIS

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This is an inmate civil rights action brought pursuant to 42 U.S.C. § 1983.

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Elizabeth Carley (Carley) is an inmate lawfully in the custody of the Nevada

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Department of Corrections (NDOC) and is currently housed at Florence McClure

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Women’s Correctional Center (FMWCC).
On March 15, 2021 Carley filed a Motion to Compel Discovery (Motion). (ECF No.

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122)

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The undersigned needs additional time to research the requested documents,

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Defendants respectfully request an extension of time of thirty days to file a response to

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Carley’s Motion to Compel Discovery. (see Declaration of Counsel attached as Exhibit

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A) The undersigned requires additional time to acquire any necessary information from

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NDOC related to Carley’s Motion. (Id.)

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II.

Rule 6(b)(1), Federal Rules of Civil Procedure, governs extensions of time and

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LEGAL STANDARD

states:

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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.

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Good cause exists to extend the time to file a response to Carley’s Motion.

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Defendants’ request will not hinder or prejudice Carley’s case but will allow for a

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thorough opportunity to research the necessary information that is required to respond

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to the Motion.

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Defendant’s counsel adequate time to file a response.

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(see Exhibit A)

The requested extension of time should permit

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III.

CONCLUSION

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Based on the foregoing, Defendants respectfully request that their motion for an

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extension of time for a period of thirty days, to April 28, 2021, in which to file a

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response to Carley’s motion to compel discovery (ECF No. 122), be granted.

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DATED this 29th day of March, 2021.
AARON D. FORD
Attorney General
By:

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ANDREA M. DOMINGUEZ, Bar No. 15209
Deputy Attorney General

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Attorneys for Defendant

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IT IS SO ORDERED.

___________________________________
Cam Ferenbach
United States Magistrate Judge
4-5-2021
Dated:_____________________________

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CERTIFICATE OF SERVICE

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I certify that I am an employee of the Office of the Attorney General, State of

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Nevada, and that on this 29th day of March, 2021, I caused to be deposited for mailing a

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true and correct copy of the foregoing, MOTION FOR EXTENSION OF TIME TO

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RESPOND TO PLAINTIFF’S MOTION TO COMPEL DISCOVERY (ECF NO. 122)

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(FIRST REQUEST) , to the following:

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Elizabeth Carley, #1095997
Florence McClure Women’s Correctional Center
4370 Smiley Road
Las Vegas, Nevada 89115
Plaintiff, Pro Se

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An employee of the
Office of the Attorney General

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EXHIBIT A
Declaration of
Counsel

EXHIBIT A

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AARON D. FORD
Attorney General
ANDREA M. DOMINGUEZ, Bar No. 15209
Deputy Attorney General
State of Nevada
Public Safety Division
100 N. Carson Street
Carson City, Nevada 89701-4717
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendants
James Dzurenda, Charles Daniels,
Sheryl Foster, Jo Gentry, Tanya Hill,
Gabriela Najera, Dwight Neven,
Cynthia Ruiz, Kim Thomas, and Patrick Vejar

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 2:17-cv-02670-MMD-VCF

ELIZABETH CARLEY,

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Plaintiff,

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vs.

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DECLARATION OF COUNSEL

JO GENTRY, et al.,

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Defendants.

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I, Andrea M. Dominguez, am over the age of 18 and am otherwise fully competent to
testify to the fats contained in this declaration.

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The statements contained in this declaration, except where otherwise

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indicated to be upon information and belief, are based on my personal knowledge and

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experience.

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2.

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of Nevada.

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I am an attorney licensed to practice law in the U.S. District Court, District

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3.

In connection with the filing of this declaration, I represent the Defendants

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on the matter, Carley v. Gentry, et al., in the United States District Court, District of

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Nevada as case number 2:17-cv-02670-MMD-VCF.

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4.

On March 15, 2021, Carley filed a Motion to Compel Discovery alleging that

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there are investigative documents within the control of the Nevada Department of

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Corrections that need to be produced.

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5.

I need additional time to contact the Inspector General’s Office to research

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whether or not these documents exist.

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documents, but I wanted to confirm so that I can provide an adequate response to Carley’s

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From my understanding there are no such

motion to compel.
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Carley will not be prejudiced by a 30-day extension as Defendants have filed

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a non-opposition to her motion for an extension of time to file an opposition to Defendant’s

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motion for summary judgment. (see ECF NO. 126) Therefore, Carley has until May 2, 2021

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to file her Opposition.

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DATED this 29th day of March, 2021.
AARON D. FORD
Attorney General

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By:

________________________________________
ANDREA M. DOMINGUEZ, Bar No. 15209
Deputy Attorney General
Attorneys for Defendants

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