Nika v. McDaniel et al

Filing 179

ORDER granting ECF No. 178 Respondents' Motion for Extension of Time is GRANTED. Respondents will have until 09/13/2018 to file a response to the petitioner's reply.The Petitioner will have until 10/04/2018 to filed reply in Support of ECF Nos. 166 Motion for Discovery and 168 Motion for Evidentiary Hearing. Signed by Judge James C. Mahan on 9/6/2018. (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,

v.

ORDER

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TIMOTHY FILSON, et al.,
Respondents.

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On August 30, 2018, the respondents filed a motion for extension of time (ECF No.

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178), requesting a 14-day extension of time, to September 13, 2018, for their response

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to the petitioner’s reply. This would be the third extension of this deadline; the first

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extension was for 120 days, and the second was for 7 days. Respondents’ counsel states

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that this third extension of time is necessary because of the complexity of this case and

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because of his obligations in another case. The petitioner does not oppose the motion for

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extension of time.

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Respondents’ counsel states: “Absent extraordinary circumstances that are

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beyond my control, I will not seek another extension of time for this response.” Motion for

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Enlargement of Time (ECF No. 178), p. 3.

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The Court finds that the respondents’ motion for extension of time is made in good

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

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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 the petitioner’s motion for

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

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merits, the Court will extend the deadline for the petitioner to file replies in support of

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those two motions.

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

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(ECF No. 178) is GRANTED. Respondents will have until September 13, 2018, to file a

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response to the petitioner’s reply.

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IT IS FURTHER ORDERED that the petitioner will have until October 4, 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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September 6, 2018.
DATED THIS ___ day of ______________________, 2018.

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JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

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