Barren v. Dzurenda et al

Filing 33

ORDER granting 29 Motion to Extend Time; Defendants' answer due 1/27/2021. Signed by Magistrate Judge Cam Ferenbach on 1/8/2021. (Copies have been distributed pursuant to the NEF - JM)

Case 2:19-cv-00142-APG-VCF Document 33 Filed 01/08/21 Page 1 of 8

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AARON D. FORD
Attorney General
CHRISTOPHER M. GUY (Bar No. 15239)
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
Brian Williams, Jennifer Nash,
Monique Hubbard-Pickett, James
Dzurenda, Michael Fuscarino,
Frank Dreesen, Jerry Howell,
Sonya Carrillo, and Oliver Mora-Rocha

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DONALD ROBIN BARREN,

Case No. 2:19-cv-00142-APG-VCF

Plaintiff,

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v.

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JAMES DZURENDA, et al.,

DEFENDANTS’ MOTION TO
EXTEND TIME TO RESPOND TO
THE AMENDED COMPLAINT
(ECF NO. 9)
(FIRST REQUEST)

Defendants.

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Defendants, Brian Williams, Jennifer Nash, Monique Hubbard-Pickett, James

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Dzurenda, Michael Fuscarino, Frank Dreesen, Jerry Howell, Sonya Carrillo, and Oliver

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Mora-Rocha, by and through counsel, Aaron D. Ford, Nevada Attorney General, and

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Christopher M. Guy, Deputy Attorney General, of the State of Nevada, Office of the

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Attorney General, request this Court extend the deadline for Defendants to respond to the

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Complaint from December 28, 2020, to January 27, 2020.

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Case 2:19-cv-00142-APG-VCF Document 33 Filed 01/08/21 Page 2 of 8

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

BACKGROUND

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On May 1, 2020, this Court issued its Screening Order on Amended Complaint.1 The

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Court Ordered an Inmate Early Mediation Conference (EMC) be held on October 2, 2020.2

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Subsequent to the Court’s Order setting the EMC, Plaintiff Donald Barren (Barren) was

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released from prison on August 14, 2020.3 Both parties attended the EMC in good faith,

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but were unable to settle the case.4

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The undersigned counsel joined the Office of the Attorney General on November 30,

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2020. On December 3, 2020, the undersigned counsel was admitted to practice in U.S.

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District Court, District Court of Nevada. Since his admission, counsel has recently been

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assigned the defense duties of this case.5

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On December 22, 2020, undersigned counsel called Barren to request an extension

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of time to file a response to the Complaint. However, Barren did not answer. The

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undersigned counsel left Barren a Voicemail containing the request for an extension.6

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However, with the holidays upon us, and out of an abundance of caution, Defendants

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file this motion requesting an extension to respond having made efforts to meet and confer.

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Defendants currently have until December 28, 2020, to respond to Barren’s Amended

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Complaint.7

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II.

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LEGAL ARGUMENT
Under Federal Rules of Civil Procedure Rule 6(b): Extending Time,

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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:

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ECF No. 11.
ECF No. 17.
3 ECF No. 18.
4 ECF No. 22.
5 The undersigned counsel has been assigned over 20 cases in varying stages of
litigation since December 3, 2020. While counsel has worked diligently and without delay
to get up to speed on all these assigned cases, his efforts have been complicated by the
Governor’s Stay at Home directive, which has significantly reduced access to the Attorney
General’s office and resources.
6 Ex. A (Declaration of defense counsel)
7 ECF No. 25.
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Case 2:19-cv-00142-APG-VCF Document 33 Filed 01/08/21 Page 3 of 8

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(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.8

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FRCP 6(b). 9

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Here, there is good cause to extend the time for Defendants to respond. As detailed

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above, the case has moved forward with little delay. Defendants have acted diligently in

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their defense of this case. However, Defendants have been unable to complete the response

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due to several factors: (1) counsel was only recently appointed to defend this matter and

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thus needs additional time to review the case, (2) due to Governor Sisolak’s Stay at Home

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2.0 order, counsel has been required to work from home, which reduced access to case files,

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and (3) due to the upcoming holiday, the Office of the Nevada Attorney General will be

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closed.

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Further, additional time will allow undersigned counsel to confer with the individual

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defendants to prepare a response. Moreover, undersigned counsel has made efforts to

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confer with Barren so the motion would be a joint stipulation. However, due to the limited

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time available, Defendants now move this Court for an extension of time to file a response.

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Lastly, Plaintiff will not be prejudiced by this request. He is no longer in NDOC

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custody and there are no outstanding declaratory relief issues that would require

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immediate adjudication of the matter or temporally sensitive issues.

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In the event that the parties are able to have a substantive telephone call or letter

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exchange, the undersigned will provide a supplement to the instant motion.

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III.

CONCLUSION

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Good cause exists for granting the extension. Defendants respectfully request 30

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days from the current deadline of December 28, 2020. Defendants’ request would make the

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(2) Exceptions. A court must not extend the time to act under Rules 50(b) and (d),
52(b), 59(b), (d), and (e), and 60(b).
9 See also Local Rule 6-1

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Case 2:19-cv-00142-APG-VCF Document 33 Filed 01/08/21 Page 4 of 8

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deadline to respond to Plaintiff’s amended complaint10 January 27, 2021. There are no

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other deadlines set that would be affected by this request.

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DATED this 23rd day of December, 2020.

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AARON D. FORD
Attorney General

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By: /s/ Christopher M. Guy
CHRISTOPHER M. GUY (Bar. No. 15239)
Deputy Attorney General

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Attorneys for Defendants

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IT IS SO ORDERED.

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1-8-2021
DATED: ________________________________

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_________________________________________
UNITED STATES MAGISTRATE JUDGE

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ECF No. 9.

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Case 2:19-cv-00142-APG-VCF Document 33 Filed 01/08/21 Page 5 of 8

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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 23, 2020, I electronically filed the foregoing DEFENDANTS’

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MOTION TO EXTEND TIME TO RESPOND TO THE AMENDED COMPLAINT

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(ECF NO. 9) (FIRST REQUEST) via this Court’s electronic filing system. Parties who

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are registered with this Court’s electronic filing system will be served electronically. For

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those parties not registered, service was made by depositing a copy for mailing in the

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United States Mail, first-class postage prepaid, at Las Vegas, Nevada, addressed to the

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following:

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Donald Barren
2737 Webster Street
North Las Vegas, Nevada 89030
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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Case 2:19-cv-00142-APG-VCF Document 29-1 Filed 01/08/21 Page 61of 83
Case 2:19-cv-00142-APG-VCF Document 33 Filed 12/23/20 Page of

EXHIBIT A

Declaration of
Counsel

EXHIBIT A

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Case 2:19-cv-00142-APG-VCF Document 33 Filed 12/23/20 Page of

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AARON D. FORD
Attorney General
CHRISTOPHER M. GUY (Bar No. 15239)
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
Brian Williams, Jennifer Nash,
Monique Hubbard-Pickett, James
Dzurenda, Michael Fuscarino,
Frank Dreesen, Jerry Howell,
Sonya Carrillo, and Oliver Mora-Rocha

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DONALD ROBIN BARREN,

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Case No. 2:19-cv-00142-APG-VCF

Plaintiff,

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v.

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JAMES DZURENDA, et al.,

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Defendants.

DECLARATION OF COUNSEL IN
SUPPORT OF DEFENDANTS’
MOTION TO EXTEND TIME TO
RESPOND TO THE AMENDED
COMPLAINT (ECF NO. 9)
(FIRST REQUEST)

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I, Christopher M. Guy, hereby attest that to the best of my knowledge the following

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statements are true and correct:
1.

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I am employed as a Deputy Attorney General in the Office of the Nevada

Attorney General. I am employed in the Public Safety Division.
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I represent Defendants in the matter of Donald Robin Barren v. James

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Dzurenda, et al., Case No. 2:189-cv-00142-APG-VCF.

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Case 2:19-cv-00142-APG-VCF Document 29-1 Filed 01/08/21 Page 83of 83
Case 2:19-cv-00142-APG-VCF Document 33 Filed 12/23/20 Page of

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3.

At approximately 1:53 P.M. on December 22, 2020, I placed a phone call to

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Plaintiff Donald Barren (Barren) to request an extension to respond to his Amended

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Complaint (ECF No. 9).

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However, Barren did not answer. The undersigned counsel then left Barren a

voicemail containing the request for an extension.
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Defendants currently have until December 28, 2020, to respond the Barren’s

Amended Complaint.
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Declarant has had limited access to case files since his appointment to this

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matter due to Governor Sisolak’s Stay at Home 2.0 order, which requires a work from home

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protocol. Further, due to the upcoming holiday, the Office of the Nevada Attorney General

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will be closed.

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7. Under these circumstances, the Declarant has been unable to speak with his
clients or with Barren regarding this matter.
Pursuant to Title 28, United States Code, Section 1746, I declare under penalty of
perjury that the foregoing is true and correct to the best of my knowledge and belief.
DATED this 23rd day of December, 2020.
AARON D. FORD
Attorney General
By: /s/ Christopher M. Guy
CHRISTOPHER M. GUY (Bar. No. 15239)
Deputy Attorney General
Attorneys for Defendants

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