Carley v. Gentry et al

Filing 77

ORDER granting ECF No. 76 Unopposed Motion : Answer/response to ECF No. 75 Second Amended Complaint due by 1/17/2020. Signed by Magistrate Judge Cam Ferenbach on 12/18/2019. (Copies have been distributed pursuant to the NEF - DRM)

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AARON D. FORD
Attorney General
JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 East Washington Avenue
Suite 3900
Las Vegas, Nevada 89101
[phone] (phone)
[phone] (fax)
Email: [e-mail]

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Attorneys for Defendants Sheryl Foster,
Patrick Vejar, and Jo Gentry

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ELIZABETH CARLEY,

Plaintiff,

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v.

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

DEFENDANTS’ UNOPPOSED
MOTION FOR EXTENSION OF TIME
TO RESPOND TO PLAINTIFF’S
SECOND AMENDED COMPLAINT

JO GENTRY, et al.,
(First Request)
Defendants.

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Defendants Sheryl Foster, Patrick Vejar, and Jo Gentry, by and through counsel,

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Aaron D. Ford, Nevada Attorney General, and Jared M. Frost, Senior Deputy Attorney

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General, hereby request a thirty (30) day extension of time to respond to Plaintiff’s Second

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Amended Complaint filed December 4, 2019 (ECF No. 75). Defendants’ extension request

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is made and based on the following memorandum of points and authorities, the pleadings

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and papers on file herein, and any other evidence the Court deems appropriate to consider.

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Page 1 of 4

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

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BACKGROUND
This is a prisoner civil rights action. Plaintiff filed her original Complaint on

October 16, 2017. ECF No. 1-1.

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On September 5, 2018, the Court issued its Screening Order. ECF No. 3.

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On November 16, 2018, the parties participated in a mediation conference that did

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not result in settlement. ECF No. 7.

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On March 22, 2019, Plaintiff filed an Amended Complaint ECF No. 27.

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On April 1, 2019, Defendants Foster and Vejar filed a Motion to Dismiss Plaintiff’s

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Amended Complaint. ECF No. 32.

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On April 16, 2019, Defendant Gentry filed a Joinder to the Motion to Dismiss
Plaintiff’s Amended Complaint. ECF No. 35.

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On June 21, 2019, the Court issued its Discovery Plan and Scheduling Order. ECF
No. 44.

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On August 16, 2019, Defendant filed a Motion to Stay Discovery. ECF No. 46.

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On September 16, 2019, Plaintiff a motion to file a second-amended complaint. ECF

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No. 53.

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On September 27, 2019, Plaintiff filed a motion requesting appointment of counsel.
ECF No. 57.

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On October 16, 2019, the Court granted Defendants’ motion to stay discovery. ECF
No. 61.

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On December 4, 2019, the Court granted Plaintiff’s motion to file a second-amended
complaint and denied Defendants’ motion to dismiss as moot. ECF No. 74.

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Defendants’ request for a thirty (30) day extension of time to respond to the second-

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amended complaint follows.

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II.

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

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

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III.

ARGUMENT

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Defendants submit that their request for additional time to respond to the second-

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amended complaint is supported by good cause. Since this Court denied Defendants’ motion

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to dismiss and filed the second-amended complaint on December 4, defense counsel has

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contacted Defendants and requested a call back to discuss their response. Exhibit 1

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(Declaration of Counsel). However, additional time is needed to confer with all Defendants

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and to complete a response. Id. Furthermore, defense counsel is scheduled to be out of the

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office from December 24, 2019, through January 1, 2020, and Plaintiff does not oppose the

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extension request. See id. Consequently, the Court should grant Defendants’ request for an

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additional thirty (30) days to respond to the second-amended complaint.

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IV.

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CONCLUSION
DATED this 18th day of December, 2019.
AARON D. FORD
Attorney General
By:

/s/ Jared M. Frost
JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General
Attorneys for Defendant Sheryl Foster,
Patrick Vejar, and Jo Gentry

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ORDER
IT IS SO ORDERED. Defendants shall file their Response to Plaintiff’s SecondAmended Complaint (ECF No. 75) on or before January 17, 2020.
Dated this 18th day of December, 2019.

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____________________________________________
UNITED STATES MAGISTRATE JUDGE

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Page 3 of 4

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CERTIFICATE OF SERVICE

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

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and that on December 18, 2019, I electronically filed the foregoing DEFENDANTS’

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UNOPPOSED MOTION FOR EXTENSION OF TIME

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PLAINTIFF’S SECOND AMENDED COMPLAINT (First Request) via this Court’s

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electronic filing system. Parties who are registered with this Court’s electronic filing

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system will be served electronically. For those parties not registered, service was made by

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depositing a copy for mailing in the United States Mail, first-class postage prepaid, at Las

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Vegas, Nevada, addressed to the following:

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TO RESPOND TO

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

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/s/ Carol A. Knight
CAROL A. KNIGHT, an employee of the
Office of the Nevada Attorney General

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Page 4 of 4

EXHIBIT 1

Declaration of
Counsel

EXHIBIT 1

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AARON D. FORD
Attorney General
JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 East Washington Avenue
Suite 3900
Las Vegas, Nevada 89101
[phone] (phone)
[phone] (fax)
Email: [e-mail]

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Attorneys for Defendants Sheryl Foster,
Patrick Vejar, and Jo Gentry

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ELIZABETH CARLEY,

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

Plaintiff,

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v.

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JO GENTRY, et al.,

DECLARATION OF COUNSEL
Defendants.

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I, JARED M. FROST, hereby declare, based on personal knowledge and/or information

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and belief, that the following assertions are true:
1.

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I am a Senior Deputy Attorney General employed by the Nevada Attorney

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General in the Litigation Division, and I make this declaration in support of Defendants’

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Unopposed Motion for Extension of Time to Respond to Plaintiff’s Second Amended

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Complaint.
2.

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Since this Court denied Defendants’ motion to dismiss and filed the second-

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amended complaint on December 4, I have contacted Defendants and requested a call back

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Page 1 of 2

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to discuss their response. However, additional time is needed to confer with all Defendants

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and to complete a response.

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Furthermore, I am scheduled to be out of the office from December 24, 2019,

through January 1, 2020, on planned annual leave.
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On December 17, 2019, I spoke with Plaintiff by phone and asked if she

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opposed Defendants’ extension request. Plaintiff confirmed that she did not oppose the

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request.

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5.

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Pursuant to 28 U.S.C. section 1746 Declarant certifies, under penalty of perjury, that

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This request is made in good faith and not for the purpose of delay.

the foregoing is true and correct.
DATED this 18th day of December, 2019.
AARON D. FORD
Attorney General
By:

/s/ Jared M. Frost
JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General
Attorneys for Defendant Sheryl Foster,
Patrick Vejar, and Jo Gentry

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