White v. Leavitt et al

Filing 82

ORDER Granting 81 Motion to Extend Time (First Request) re 75 Motion. Replies due by 11/17/2022. Signed by Magistrate Judge Brenda Weksler on 11/8/2022. (Copies have been distributed pursuant to the NEF - YAW)

Case 2:18-cv-00008-JAD-BNW Document 82
81 Filed 11/08/22
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LYSSA S. ANDERSON
Nevada Bar No. 5781
KRISTOPHER J. KALKOWSKI
Nevada Bar No. 14892
KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants,
Daniel Holm, Craig Garnette,
Gary Ramirez (erroneously sued as P. Ramirez),
Alex Gonzalez (erroneously sued as Alex Gonzales),
and Ernest Spear

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TONEY A. WHITE,
vs.

Plaintiff,

MICHELLE LEAVITT; ET AL.

CASE NO.:

2:18-cv-00008-JAD-BNW

LVMPD DEFENDANTS’ MOTION FOR
EXTENSION OF TIME TO FILE
REPLY BRIEF

Defendants.

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Defendants Daniel Holm, Craig Garnette, Gary Ramirez, Alex Gonzalez, and Ernest

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Spear (collectively, “LVMPD Defendants”), through their counsel, Kaempfer Crowell, move for

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a one-week extension of time to file a Reply in support of their Motion to (1) Revoke Plaintiff’s

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In Forma Pauperis Status and (2) Issue an Order to Show Cause as to Why This Case Should Not

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Be Dismissed With Prejudice, (ECF Nos. 75, 76). The current due date for the Reply is

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November 10, 2022. The extended due date will be November 17, 2022. Good cause supports

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this extension based on an unexpected medical procedure for the undersigned counsel, as further

KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

White - Motion for Extension of Time re Mot. Revoke IFP Status.doc 6943.270

Page 1 of 5

Case 2:18-cv-00008-JAD-BNW Document 82
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explained in the Memorandum of Points and Authorities below.
DATED this 7th day of November, 2022.

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KAEMPFER CROWELL

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By:

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Attorneys for Defendants,
Daniel Holm, Craig Garnette,
and Gary Ramirez (erroneously sued as P. Ramirez)
and Alex Gonzalez (erroneously sued as Alex Gonzales)
and Ernest Spear

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/s/ Kristopher J. Kalkowski
LYSSA S. ANDERSON (Nevada Bar No. 5781)
KRISTOPHER J. KALKOWSKI (Nevada Bar No. 14892)
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135

MEMORANDUM OF POINTS AND AUTHORITIES
I.

BACKGROUND

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Plaintiff Toney White is pursuing this lawsuit in his pro se capacity while incarcerated at

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the High Desert State Prison. One month after being served with this lawsuit for the first time,

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LVMPD Defendants filed the now-pending Motion to (1) Revoke Plaintiff’s In Forma Pauperis

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(“IFP”) Status and (2) Issue an Order to Show Cause as to Why This Case Should Not Be

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Dismissed With Prejudice, (ECF Nos. 75, 76). This Motion concerns Plaintiff’s apparently

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fraudulent procurement of IFP status so that he could proceed without paying the filing fees

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required from all litigants when bringing a civil lawsuit in this District.

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Twelve days after LVMPD Defendants filed their Motion, (ECF Nos. 75, 76), Plaintiff

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requested a thirty extension of time to file a Response. (Mot. Ext. Time, ECF No. 77) (filed

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October 12, 2022). The Court granted Plaintiff’s request, making the due date November 13,

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2022. (Order, ECF No. 78). Plaintiff ultimately filed his Response on November 3, 2022.

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Accordingly, the deadline for LVMPD Defendants’ Reply is now November 10, 2022.

KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

White - Motion for Extension of Time re Mot. Revoke IFP Status.doc 6943.270

Page 2 of 5

Case 2:18-cv-00008-JAD-BNW Document 82
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II.

ARGUMENT

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LVMPD Defendants request a one-week extension of time to file a Reply in support of

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their Motion to (1) Revoke Plaintiff’s In Forma Pauperis (“IFP”) Status and (2) Issue an Order to

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Show Cause as to Why This Case Should Not Be Dismissed With Prejudice, (ECF Nos. 75, 76).

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Federal Rule of Civil Procedure 6 and this District’s Local Rule IA 6-1 govern this request. Both

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Rules impose a “good cause” standard to secure an extension of a deadline that has not yet

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expired. “Good cause” is “a non-rigorous standard” that is satisfied when the movant provides

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reasons why adequate briefing cannot occur under current deadlines. Ahanchian v. Xenon

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Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). Requests for extensions of time made before

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the applicable deadline should “normally . . . be granted in the absence of bad faith on the part of

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the party seeking relief or prejudice to the adverse party.” Id. (quoting 4B Charles Alan Wright

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& Arthur R. Miller, Federal Practice and Procedure § 1165 (3d ed. 2004)).

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Here, good cause exists for a one-week extension of time based on the undersigned

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having an unexpected and urgent surgery scheduled for November 7, 2022. The undersigned

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will likely be out of the office until November 10, 2022, which is the same day as the current

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deadline to file the at-issue Reply. A one-week extension of time will ensure that counsel has

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enough time to properly brief the potentially case-dispositive issues raised in LVMPD

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Defendant’s Motion.

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No prejudice will occur to the parties from a one week extension. Discovery in this case

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will continue on its current schedule, and the parties will not have to re-schedule hearings,

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depositions, or other critical events in this case if the Court grants this limited extension of time.

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III.

CONCLUSION

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LVMPD Defendants respectfully request a one-week extension of time to file a Reply in

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support of their Motion to (1) Revoke Plaintiff’s In Forma Pauperis Status and (2) Issue an Order

KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

White - Motion for Extension of Time re Mot. Revoke IFP Status.doc 6943.270

Page 3 of 5

Case 2:18-cv-00008-JAD-BNW Document 82
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to Show Cause as to Why This Case Should Not Be Dismissed With Prejudice, (ECF Nos. 75,

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76), so that the due date will change from November 10, 2022, to November 17, 2022.

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DATED this 7th day of November, 2022.
KAEMPFER CROWELL
By:

/s/ Kristopher J. Kalkowski
LYSSA S. ANDERSON (Nevada Bar No. 5781)
KRISTOPHER J. KALKOWSKI (Nevada Bar No. 14892)
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Attorneys for Defendants,
Daniel Holm, Craig Garnette,
and Gary Ramirez (erroneously sued as P. Ramirez)
and Alex Gonzalez (erroneously sued as Alex Gonzales)
and Ernest Spear

ORDER
IT IS ORDERED that ECF No. 81 is GRANTED
for good cause shown.
IT IS SO ORDERED

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DATED: 4:59 pm, November 08, 2022

BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

White - Motion for Extension of Time re Mot. Revoke IFP Status.doc 6943.270

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Case 2:18-cv-00008-JAD-BNW Document 82
81 Filed 11/08/22
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CERTIFICATE OF SERVICE

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I certify that I am an employee of KAEMPFER CROWELL, and that on the date below, I

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caused the foregoing LVMPD DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO

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FILE REPLY BRIEF to be served via CM/ECF and/or First Class Mail (where indicated)

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addressed to the following:

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Toney A. White, #1214172
High Desert State Prison
P.O. Box 650
Indian Springs, NV 89074

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Plaintiff, Pro Se
(Via CM/ECF, pursuant to Fifth Amended
General Order 2012-01)
DATED this 7th day of November, 2022.

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an employee of Kaempfer Crowell

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KAEMPFER CROWELL
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

White - Motion for Extension of Time re Mot. Revoke IFP Status.doc 6943.270

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