Peck v. State of Nevada, ex rel et al

Filing 79

ORDER granting 76 Motion to Extend Time; Re: 68 Motion for Preliminary Injunction, 69 Motion for TRO. Responses due by 5/28/2019. Signed by Judge Andrew P. Gordon on 4/26/2019. (Copies have been distributed pursuant to the NEF - JM)

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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
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendants James Dzurenda
Brian Williams, Troy Ternes, Alexis
Lozano, Jennifer Nash, Duane Wilson,
Joel Quiroz, Perry Russell, Jacques Graham,
Shanon Ennis-Wright, Julie Matousek, Brian
Sandoval, Adam Laxalt, Barbara Cegavske,
Francis Moka, Alfonso Alvarez, and Monique
Hubbard-Pickett

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANK PECK,

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Case No. 2:18-cv-00237-APG-VCF
Plaintiff,

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v.

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STATE OF NEVADA, ex rel. Nevada Department
of Correction, et al.; PRISON
COMMISSIONERS; GOVERNOR BRIAN
SANDOVAL; SECRETARY OF STATE
BARBARA CEGAVSKI; ATTORNEY GENERAL
ADAM LAXALT; DIRECTOR OF PRISONS
JAMES DZURENDA; WARDEN BRIAN
WILLIAMS, HDSP; ASSOCIATE WARDEN
JENNIFER NASH; ASSOCIATE WARDEN
PERRY RUSSELL; ACTING ASSOCIATE
WARDEN T. TIERNES; CASE WORKER ENNIS
WRIGHT and LAW LIBRARY SUPERVISOR
JAQUES GRAHAM; FOOD SUPERVISER
MANAGER DWAINE WILSON; ATTORNEY
GENERAL FRANK A. TODDRE, II, DISTRICT
COURT JUDGE JERRY A WIESE; SGT.
ALEXIS LOZANO; SGT. JULIE MATOUSEC;
SGT. DUGAN; OFFICER JOEL QUEROZ, sued
in the Individual and Official capacities,

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Defendants.

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Page 1 of 5

DEFENDANTS’ MOTION FOR
EXTENSION OF TIME TO
RESPOND TO PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTION AND
RESTRAINING ORDER
(ECF NO. 68 AND 69)

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Defendants James Dzurenda, Brian Williams, Troy Ternes, Alexis Lozano, Jennifer

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Nash, Duane Wilson, Joel Quiroz, Perry Russell, Jacques Graham, Shanon Ennis-Wright,

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Julie Matousek, Brian Sandoval, Adam Laxalt, Barbara Cegavske, Francis Moka, Alfonso

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Alvarez, and Monique Hubbard-Pickett, by and through counsel, Aaron D. Ford, Nevada

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Attorney General, and Jared M. Frost, Senior Deputy Attorney General, hereby request an

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additional thirty-three (33) days to respond to Plaintiff’s “Motion for Preliminary

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Injunction and Restraining Order” filed April 11, 2019, and docketed at ECF No. 68 and

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ECF No. 69. Defendants’ request is made and based on the following memorandum of

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points and authorities, the attached Declaration of Counsel, the pleadings and papers on

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

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

BACKGROUND

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This is a prisoner civil rights matter. ECF No. 7.

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On July 5, 2018, the Court screened Plaintiff’s Complaint. ECF No. 6. Pursuant to

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the Screening Order, Plaintiff was permitted to proceed on numerous claims. See id.
On December 7, 2018, the parties participated in a mediation conference at which
no resolution was reached. ECF No. 22.

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On January 24, 2019, the Attorney General filed an Acceptance of Service for

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Defendants James Dzurenda, Brian Williams, Troy Ternes, Alexis Lozano, Jennifer Nash,

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Duane Wilson, Joel Quiroz, Perry Russell, Jacques Graham, Shanon Ennis-Wright, and

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Julie Matousek.

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On January 31, 2019, Plaintiff filed an Amended Complaint. ECF No. 40.

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On April 1, 2019, the Court screened Plaintiff’s Amended Complaint pursuant to

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Defendants’ request. ECF No. 65. The Court incorporated its previous findings concerning

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claims presented in the original Complaint and allowed Plaintiff to proceed on additional

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claims. Id. at 3-5.

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On April 11, 2019, Plaintiff filed his “Motion for Preliminary Injunction and
Restraining Order.” ECF No. 68; ECF No. 69.

Page 2 of 5

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On April 15, 2019, Defendants filed a Motion for Case Management Conference due

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to the complexity of the case and Plaintiff’s practice and history of filing frivolous,

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unsupported, or unnecessary motions. ECF No. 70.

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On April 18, 2019, the Attorney General filed an Acceptance of Service for Francis
Moka, Alfonso Alvarez, and Monique Hubbard-Pickett. ECF No. 72.

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On April 24, 2019, the Court scheduled a hearing on Defendants’ Motion for Case
Management Conference for May 7, 2019. ECF No. 74.

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This motion for an extension of time to respond to Plaintiff’s April 2019 preliminary
injunction motion follows.
II.

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

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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 good cause exists to extend the time to respond to Plaintiff’s

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April 2019 preliminary injunction motion. Defendants’ response is currently due April 25,

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2019. Since Plaintiff filed his motion on April 11, the undersigned has reviewed the motion

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and requested information and records from prison staff needed to complete a response.

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Exhibit 1 (Declaration of Counsel).However, the undersigned has been unable to complete

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a response due to his responsibilities to meet deadlines in this and other cases. See id.

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Further, the Court recently scheduled a hearing on Defendants’ motion for a case

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management conference, through which Defendants seek a protective order regarding

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Page 3 of 5

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Plaintiff’s motion practice. See ECF No. 70 at 7. Defendants therefore request an extension

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of thirty-three (33) days, or until May 28, 2019, to file a response to Plaintiff’s motion.

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DATED this 25th day of April, 2019.

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AARON D. FORD
Attorney General

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By: /s/ Jared M. Frost
JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General

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Attorneys for Defendants

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ORDER

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IT IS SO ORDERED. Defendants shall have until May 28, 2019, to file a Response to
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Plaintiff’s “Motion for Preliminary Injunction and Restraining Order” (ECF No. 68; ECF
No. 69).

Dated: April _____ day of ________________, 2019.
Dated this 26, 2019.

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____________________________________________
UNITEDSTATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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Page 4 of 5

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
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendants James Dzurenda
Brian Williams, Troy Ternes, Alexis
Lozano, Jennifer Nash, Duane Wilson,
Joel Quiroz, Perry Russell, Jacques Graham,
Shanon Ennis-Wright, Julie Matousek, Brian
Sandoval, Adam Laxalt, Barbara Cegavske,
Francis Moka, Alfonso Alvarez, and Monique
Hubbard-Pickett

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANK PECK,

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Case No. 2:18-cv-00237-APG-VCF
Plaintiff,

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v.

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STATE OF NEVADA, ex rel. Nevada Department
of Correction, et al.; PRISON
COMMISSIONERS; GOVERNOR BRIAN
SANDOVAL; SECRETARY OF STATE
BARBARA CEGAVSKI; ATTORNEY GENERAL
ADAM LAXALT; DIRECTOR OF PRISONS
JAMES DZURENDA; WARDEN BRIAN
WILLIAMS, HDSP; ASSOCIATE WARDEN
JENNIFER NASH; ASSOCIATE WARDEN
PERRY RUSSELL; ACTING ASSOCIATE
WARDEN T. TIERNES; CASE WORKER ENNIS
WRIGHT and LAW LIBRARY SUPERVISOR
JAQUES GRAHAM; FOOD SUPERVISER
MANAGER DWAINE WILSON; ATTORNEY
GENERAL FRANK A. TODDRE, II, DISTRICT
COURT JUDGE JERRY A WIESE; SGT.
ALEXIS LOZANO; SGT. JULIE MATOUSEC;
SGT. DUGAN; OFFICER JOEL QUEROZ, sued
in the Individual and Official capacities,

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Defendants.

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Page 1 of 3

DECLARATION OF
COUNSEL

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I, JARED M. FROST, hereby declare, based on personal knowledge and/or information
and belief, that the following assertions are true:

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1.

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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motion to extend the time in which to file a Response to Plaintiff’s “Motion for Preliminary

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Injunction and Restraining Order” filed April 11, 2019, and docketed at ECF No. 68 and

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ECF No. 69.

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2.

Since Plaintiff filed his motion on April 11, 2019, I have reviewed the motion

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and requested information and records from prison staff needed to complete a response.

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However, I have been unable to complete the response due to my responsibilities to meet

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deadlines in this and other cases.

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3.

My responsibilities to meet deadlines during the past two weeks include:

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Mizzoni v. State of Nevada, Case No. 2:17-cv-01482 (opposition to plaintiff’s summary

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judgment motion filed 04/25/19, reply regarding defendants’ motion for summary judgment

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filed 04/15/19); Carley v. Gentry et al., Case No. 2:17-cv-02670 (reply regarding defendants’

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motion for summary judgment filed 04/24/19); Mitchell v. State of Nevada, Case No. 2:17-cv-

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00686 (substantive response to motion to extend time filed 04/24/19); Jackson v. State of

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Nevada et al., Case No. 2:16-cv-00995 (reply regarding defendants’ motion for summary

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judgment filed 04/23/19); Johnson v. Lewis, Case No. 2:17-cv-01668 (response to motion to

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consolidate cases filed 04/18/19); and Peck v. State of Nevada et al., Case No. 2:18-cv-00237

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(response to objection to order filed 04/17/19, motion for case management conference filed

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04/15/19).

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Page 2 of 3

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4.

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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 25th day of April, 2019.
AARON D. FORD
Attorney General
By: /s/ Jared M. Frost
JARED M. FROST (Bar No. 11132)
Senior Deputy Attorney General
Attorneys for Defendants

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