Byford v. Nevada Attorney General et al
Filing
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ORDER granting 216 Motion to Extend Time : Responses to Petitioner's reply (ECF No. 209 ), motion for discovery (ECF No. 210 ), and motion for evidentiary hearing (ECF No. 211 ) due by March 14, 2025. Signed by Judge James C. Mahan on 1/29/2025. (Copies have been distributed pursuant to the NEF - DRM)
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AARON D. FORD
Attorney General
Erica Berrett (Bar. No. 13826)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
1 State of Nevada Way, Suite 100
Las Vegas, NV 89119
(702) 486-3110 (phone)
(702) 486-2377 (fax)
EBerrett@ag.nv.gov
Attorneys for Respondents
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROBERT ROYCE BYFORD,
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Case No. Case No. 3:11-cv-00112-JCM-CSD
UNOPPOSED MOTION FOR
ENLARGEMENT OF TIME TO RESPOND
TO REPLY AND TO MOTIONS FOR
DISCOVERY AND EVIDENTIARY
HEARING (ECF NOS. 209, 210, 211)
Petitioner,
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vs.
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JEREMY BEAN, et al.,
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(THIRD REQUEST)
Respondents.
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(DEATH PENALTY)
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Respondents, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada,
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hereby move this Court for an enlargement of time of forty-five (45) days from the current due date of
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January 28, 2025, up to and including March 14, 2025, in which to file their responses to Petitioner’s
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reply (ECF No. 209), motion for discovery (ECF No. 210), and motion for evidentiary hearing (ECF No.
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211).
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This motion is made pursuant to Fed. R. Civ. P. 6(b) and Rule 6-1 of the Local Rules of Practice
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and is based upon the attached declaration of counsel. This is Respondents’ third request for enlargement
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of time to file the responses, and the request is brought in good faith and not for the purpose of delay.
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DATED: January 28, 2025.
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Submitted by:
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AARON D. FORD
Attorney General
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By: /s/ Erica Berrett
Erica Berrett (Bar. No. 13826)
Senior Deputy Attorney General
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DECLARATION OF ERICA BERRETT
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I, ERICA BERRETT, hereby declare, based on personal knowledge and/or information and
belief, that the following is true:
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I am a Senior Deputy Attorney General in the Post-Conviction Division of the Office of
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the Nevada Attorney General. I make this declaration on behalf of Respondents’ motion for enlargement
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of time.
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2.
The deadline to file the responses to the reply and the motions for evidentiary hearing and
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discovery is currently January 28, 2025. I have been unable with due diligence to timely complete these
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pleadings. Therefore, I am requesting a 45-day extension of time, up to and including March 14, 2025,
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to file the responses.
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3.
This motion is made in good faith and not for the purpose of delay.
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4.
Since Respondents’ previous request for enlargement of time in this case, I have had to
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work on other federal habeas matters, including filing a motion to dismiss in capital habeas matter Bolin
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v. Bean, et al., Case No. 3:07-cv-00481-ART-CLB; and a motion to dismiss in Douglas v. Gittere, Case
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No. 3:21-cv-00431-ART-CSD.
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5.
Additionally, since Respondents’ previous request for enlargement of time, I continue to
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have ongoing medical issues, for which I had three surgeries in the last quarter of 2024, and for which I
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will require two to three additional surgeries in the first quarter of 2025. My next surgery is scheduled
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for this week. As previously noted, each of these surgeries requires several medical appointments in
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preparation for the surgery. The medical appointments and recovery time for each of these procedures
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limits me from working the significant number of overtime hours that are typically necessary for me to
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manage my caseload.
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6.
I have also been continuing to monitor the entire federal habeas caseload of a colleague
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who is out on an extended medical leave. I have been assisting my colleague with drafting pleadings,
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drafting motions for enlargement of time, or reassigning her cases as needed. This has been a significant
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burden on my time, further limiting me from spending substantial time on the pleadings in this matter.
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7.
I contacted Petitioner’s counsel regarding this request. Counsel does not oppose this
enlargement of time.
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Based on the foregoing, I respectfully request an enlargement of time of 45 days, up to
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and including March 14, 2025, in which to file the responses to the reply, motion for evidentiary hearing,
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and motion for discovery.
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Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and
correct.
Executed on January 28, 2025.
/s/ Erica Berrett
Erica Berrett (Bar No. 13826)
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IT IS SO ORDERED:
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_____________________________________
UNITED STATES DISTRICT JUDGE
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January 29, 2025
DATED: ______________________________
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CERTIFICATE OF SERVICE
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I hereby certify that I electronically filed the foregoing Unopposed Motion for Enlargement of
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Time to File Response to Reply and to Motions for Discovery and Evidentiary Hearing (ECF Nos. 209,
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210, 211) (Third Request) with the Clerk of the Court by using the CM/ECF system on January 28, 2025.
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The following participants in this case are registered CM/ECF users and will be served by the
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CM/ECF system:
Stacy M. Newman
Jocelyn S. Murphy
Emma L. Smith
Assistant Federal Public Defender
411 E. Bonneville Ave. Ste. 250
Las Vegas, Nevada 89101
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/s/ C. Martinez
An employee of the Office of the Attorney General
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