Snow v. Utilization Review Panel et al

Filing 42

ORDER Granting 41 Motion for Extension of Time re 34 Motion to Compel (First Request). Responses due by 9/9/2019. Signed by Magistrate Judge Cam Ferenbach on 8/8/2019. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4
5
6
7

AARON D. FORD
Attorney General
IAN E. CARR, Bar No. 13840
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
Gregory Bryan and Bob Faulkner

8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11

JOHN OLIVER SNOW,

12

Case No. 2:18-cv-00100-APG-VCF

Plaintiff,

13

v.

14

MOTION FOR EXTENSION OF TIME
TO RESPOND TO PLAINTIFF’S
MOTION TO COMPEL (ECF No. 34)

UTILIZATION REVIEW PANEL, et al.,
Defendants

15

(First Request)

16

Defendants, Dr. Gregory Bryan and D.O.N. Bob Faulkner (Defendants), by and

17

through counsel Aaron D. Ford, Attorney General of the State of Nevada, and Ian E.

18

Carr, Deputy Attorney General, hereby submit their Motion for Extension of Time to

19

Respond to Plaintiff’s Motion to Compel (ECF No. 34) (First Request). This Motion is

20

based on Federal Rule of Civil Procedure 6(b)(1)(A), the following Memorandum of Points

21

and Authorities, and all papers and pleadings on file in this action.
MEMORANDUM OF POINTS AND AUTHORITIES

22
23

I.

ARGUMENT

24

Defendants respectfully request a thirty (30) day extension of time out from the

25

current deadline (August 8, 2019) to respond to Plaintiff’s Motion to Compel (ECF No.

26

34). Defense counsel is in the process of winding down or transferring most assigned

27

///

28

///
1

1

cases, and his last official day representing the Nevada Department of Corrections

2

(NDOC) in full capacity was July 31, 2019. Defense counsel requests this extension to

3

ensure that his successor will have enough time to familiarize themselves with the case.
Furthermore, defense counsel submits that this Division has experienced a wave of

4
5

recent retirements and departures.

6

Attorneys General (DAGs) are arriving in early August to help restore normal

7

functionality. Defense counsel respectfully requests this extension to accommodate the

8

new arrivals and the Division during this transition period.
Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as

9
10

Although the Division is depleted, new Deputy

follows:

11

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.

12
13
14
15

Defendants’ request is timely and will not hinder or prejudice Plaintiff’s case, but will

16

allow for a thorough response to Plaintiff’s Motion to Compel (ECF No. 34).

17

requested thirty (30) day extension of time should permit Defendants time to adequately

18

research, draft, and submit a motion response brief. Defendants assert that the requisite

19

good cause is present to warrant the requested extension of time.

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
2

The

1

For these reasons, Defendants respectfully request a thirty (30) day extension of

2

time from the current deadline to respond to Plaintiff’s Motion to Compel (ECF No. 34),

3

with a new deadline to and including Monday, September 9, 2019.1

4

DATED this 8th day of August, 2019.
AARON D. FORD
Attorney General

5
6
7

By:

8

IAN E. CARR, Bar No. 13840
Deputy Attorney General

9

Attorneys for Defendants

10
11
12

IT IS SO ORDERED.

13

___________________________
U.S. MAGISTRATE JUDGE

14

8-8-2019
DATED:____________________

15
16
17
18
19
20
21
22
23
24
25
26
27
28

Because the last calculated day falls on a non-judicial day, the new deadline
should become the next available judicial day. See FED. R. CIV. P. 6(a)(1)(C).
3
1

1

CERTIFICATE OF SERVICE

2

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

3

Nevada, and that on this 8th day of August, 2019, I caused to be served a copy of the

4

foregoing, MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S

5

MOTION TO COMPEL (ECF No. 34) (First Request), by U.S. District Court CM/ECF

6

Electronic Filing on the following:

7
8
9
10

Yvette Chevalier, Esq., SBN #8739
Law Office of Yvette Chevalier PLLC
6750 Boulder Highway
Las Vegas, NV 89122
[e-mail]
Attorney for Plaintiff

11
12
13
An employee of the
Office of the Attorney General

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4