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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 11 AVRAM VINETO NIKA, Case No. 3:09-cv-00178-JCM-WGC Petitioner, ORDER v. 12 13 TIMOTHY FILSON, et al., Respondents. 14 15 16 On April 25, 2018, respondents filed a motion for extension of time (ECF No. 173), 17 requesting a 120-day extension of time, to August 23, 2018, for their response to 18 petitioner’s reply. This would be the first extension of this deadline. Respondents’ counsel 19 states that this extension of time is necessary because she only recently took over 20 responsibility for this case, as a result of the retirements of two attorneys in the office of 21 the attorney general. There is no indication that the petitioner opposes the motion for 22 extension of time. The Court finds that respondents’ motion for extension of time is made 23 in good faith and not solely for the purpose of delay, and that there is good cause for the 24 extension of time requested. The Court will grant the motion for extension of time. 25 In addition, in order to coordinate the briefing of petitioner’s motion for discovery 26 and motion for evidentiary hearing (ECF Nos. 166, 168) with the briefing on the merits, 27 the Court will extend the deadline for petitioner to file replies in support of those two 28 motions. 1 1 This is an unusually long extension of time for a response to a reply. It appears 2 justified because of the change of counsel for respondents. However, given the length of 3 the extension of time, and the nature of the document to be filed – a response to a reply 4 – the Court will not be inclined to further extend these deadlines. 5 IT IS THEREFORE ORDERED that respondents’ Motion for Extension of Time 6 (ECF No. 173) is GRANTED. Respondents will have until August 23, 2018, to file a 7 response to petitioner’s reply. 8 IT IS FURTHER ORDERED that petitioner will have until September 13, 2018, to 9 file a reply in support of his motion for discovery (ECF No. 166) and a reply in support of 10 his motion for evidentiary hearing (ECF No. 168). 11 12 DATED THIS 27th day of ______________________, 2018. ___ April 13 14 15 JAMES C. MAHAN, UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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