Smith v. Baker et al

Filing 51

ORDER granting ECF No. 47 Respondents' Unopposed Motion for Extension of Time to File Response to Second Amended Petition (ECF No. 44 ). Answer/Response due 3/8/2019. Signed by Judge Robert C. Jones on 2/13/2019. (Copies have been distributed pursuant to the NEF - LH)

Case 3:13-cv-00246-RCJ-WGC Document 47 Filed 12/19/18 Page 1 of 3

1

6

ADAM PAUL LAXALT
Attorney General
Heidi Parry Stern (Bar. No. 8873)
Chief Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., #3900
Las Vegas, NV 89101-1068
[phone] (phone)
[phone] (fax)
[e-mail]

7

Attorneys for Respondents

2
3
4
5

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

Case No. 3:13-cv-00246-RCJ-WGC
ORDER GRANTING
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE RESPONSE TO SECOND
AMENDED PETITION FOR WRIT OF
HABEAS CORPUS (ECF NO. 44)

MICHAEL L. SMITH,

11

Petitioner,

12

vs.

13

RENEE BAKER, et al.,

14

(THIRD REQUEST)

Respondents.

15
16

Respondents move this Court for a 60-day enlargement of time, up to and including March 8,

17

2019, within which to file a Response to Petitioner’s Second Amended Petition for Writ of Habeas

18

Corpus (ECF No. 44).

19
20
21
22
23
24
25

This is the third enlargement of time sought by Respondents and is brought in good faith and not
for the purpose of delay.
Respectfully submitted: December 19, 2018.
ADAM PAUL LAXALT
Attorney General
By:

/s/ Heidi Parry Stern
Heidi Parry Stern (Bar. No. 8873)
Chief Deputy Attorney General

26
27
28

Page 1 of 3

Case 3:13-cv-00246-RCJ-WGC Document 47 Filed 12/19/18 Page 2 of 3
DECLARATION OF HEIDI PARRY STERN

1
2
3

STATE OF NEVADA

)
) ss:
COUNTY OF CLARK )

4

I, HEIDI PARRY STERN, being first duly sworn under oath, depose and state as follows:

5

1.

I am an attorney licensed to practice law in the State of Nevada; qualified and admitted to

6

practice before this Court; employed as a Chief Deputy Attorney General in the Office of the Nevada

7

Attorney General; and pursuant to this employment, I have been assigned to represent Respondents in

8

Michael L. Smith v. Renee Baker, et al., Case No. 3:13-cv-00246-RCJ-WGC, and as such, have personal

9

knowledge of the matters contained herein;

10

2.

This extension is necessary as our office has been short staffed over the past few months

11

due to the retirement of one of the attorneys in our unit and the difficulty in finding a replacement for

12

him. As such, my caseload (particularly of death penalty cases) has been substantially higher than normal

13

during this timeframe.

14
15

3.

In addition, I will be out of the country on a prearranged family trip on the designated due

date of January 7, 2019, and will be unable to file the response at that time.

16

4.

Respondents request 60 days to file a response, up to and including March 8, 2019.

17

5.

I have contacted opposing counsel, and she has no objection to this request for extension.

18

6.

This is Respondents’ third motion for enlargement of time to respond to Petitioner’s

19

Second Amended Petition for Habeas Corpus.

20

7.

This motion for enlargement of time is made in good faith and not for the purpose of delay.

21

DATED this 18th day of December, 2018.

22

/s/ Heidi Parry Stern
Heidi Parry Stern (Bar. No. 8873)
Chief Deputy Attorney General

23
24

IT IS SO ORDERED this 13th day of February, 2019.

25
26
27

________________________
ROBERT C. JONES

28

Page 2 of 3