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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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, v. ORDER 12 13 TIMOTHY FILSON, et al., Respondents. 14 15 16 On August 30, 2018, the respondents filed a motion for extension of time (ECF No. 17 178), requesting a 14-day extension of time, to September 13, 2018, for their response 18 to the petitioner’s reply. This would be the third extension of this deadline; the first 19 extension was for 120 days, and the second was for 7 days. Respondents’ counsel states 20 that this third extension of time is necessary because of the complexity of this case and 21 because of his obligations in another case. The petitioner does not oppose the motion for 22 extension of time. 23 Respondents’ counsel states: “Absent extraordinary circumstances that are 24 beyond my control, I will not seek another extension of time for this response.” Motion for 25 Enlargement of Time (ECF No. 178), p. 3. 26 The Court finds that the respondents’ motion for extension of time is made in good 27 faith and not solely for the purpose of delay, and that there is good cause for the extension 28 of time requested. The Court will grant the motion for extension of time. 1 1 In addition, in order to coordinate the briefing of the petitioner’s motion for 2 discovery and motion for evidentiary hearing (ECF Nos. 166, 168) with the briefing on the 3 merits, the Court will extend the deadline for the petitioner to file replies in support of 4 those two motions. 5 IT IS THEREFORE ORDERED that the respondents’ Motion for Extension of Time 6 (ECF No. 178) is GRANTED. Respondents will have until September 13, 2018, to file a 7 response to the petitioner’s reply. 8 IT IS FURTHER ORDERED that the petitioner will have until October 4, 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 September 6, 2018. DATED THIS ___ day of ______________________, 2018. 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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