Nika v. McDaniel et al

Filing 174

ORDER granting ECF No. 173 Motion for Extension of Time to file a response to petitioner's reply ECF No. 169 ; petitioner will have until 09/13/2018 to file replies in support of ECF Nos. 166 Motion for Discovery and 168 Motion for Evidentiary Hearing. Signed by Judge James C. Mahan on 4/27/2018. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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AVRAM VINETO NIKA,

Case No. 3:09-cv-00178-JCM-WGC
Petitioner,

ORDER

v.

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TIMOTHY FILSON, et al.,
Respondents.

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On April 25, 2018, respondents filed a motion for extension of time (ECF No. 173),

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requesting a 120-day extension of time, to August 23, 2018, for their response to

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petitioner’s reply. This would be the first extension of this deadline. Respondents’ counsel

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states that this extension of time is necessary because she only recently took over

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responsibility for this case, as a result of the retirements of two attorneys in the office of

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the attorney general. There is no indication that the petitioner opposes the motion for

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extension of time. The Court finds that respondents’ motion for extension of time is made

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in good faith and not solely for the purpose of delay, and that there is good cause for the

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extension of time requested. The Court will grant the motion for extension of time.

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In addition, in order to coordinate the briefing of petitioner’s motion for discovery

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and motion for evidentiary hearing (ECF Nos. 166, 168) with the briefing on the merits,

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the Court will extend the deadline for petitioner to file replies in support of those two

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motions.
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This is an unusually long extension of time for a response to a reply. It appears

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justified because of the change of counsel for respondents. However, given the length of

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the extension of time, and the nature of the document to be filed – a response to a reply

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– the Court will not be inclined to further extend these deadlines.

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IT IS THEREFORE ORDERED that respondents’ Motion for Extension of Time

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(ECF No. 173) is GRANTED. Respondents will have until August 23, 2018, to file a

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response to petitioner’s reply.

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IT IS FURTHER ORDERED that petitioner will have until September 13, 2018, to

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file a reply in support of his motion for discovery (ECF No. 166) and a reply in support of

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his motion for evidentiary hearing (ECF No. 168).

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DATED THIS 27th day of ______________________, 2018.
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April

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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