Smith v. Baker et al

Filing 79

ORDER granting ECF No. 78 Motion to Extend Time : Reply to ECF No. 74 Response re ECF No. 52 Motion to Dismiss due by 11/13/2019. Signed by Judge Robert C. Jones on 10/16/2019. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:13-cv-00246-RCJ-WGC Document 78 Filed 10/11/19 Page 1 of 3
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AARON D. FORD
Attorney General
Allison Herr (Bar No. 5383)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., #3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]

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Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL SMITH,

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Petitioner,

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vs.

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RENEE BAKER, et al.,

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Case No. 3:13-cv-00246-RCJ-WGC
ORDER GRANTING
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO REPLY TO OPPOSITION TO
SECOND MOTION TO DISMISS (ECF NOS.
52, 74)

Respondents.

(Second Request)

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Respondents move this Court for an enlargement of time of thirty (30) days from the current due

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date of October 14, 2019, up to and including Wednesday, November 13, 2019, in which to file their

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reply to Petitioner’s response in opposition to Respondents’ motion to dismiss. ECF Nos. 52, 74. This

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motion is made pursuant to Fed. R. Civ. P. 6(b) and Rule 6-1 of the Local Rules of Practice and is based

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upon the attached affidavit of counsel.

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This is the second enlargement of time sought by Respondents and is brought in good faith and
not for the purpose of delay.
DATED October 11, 2019.
AARON D. FORD
Attorney General
By: /s/ Allison Herr
Allison Herr (Bar No. 5383)
Senior Deputy Attorney General

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Case 3:13-cv-00246-RCJ-WGC Document 78 Filed 10/11/19 Page 2 of 3
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DECLARATION OF ALLISON HERR
STATE OF NEVADA

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) ss:
COUNTY OF CLARK )

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I, Allison Herr, being first duly sworn under oath, depose and state as follows:

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1.

I am an attorney licensed to practice law in all courts within the State of Nevada, and am

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employed as a Senior Deputy Attorney General in the Office of the Nevada Attorney General. I have

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been assigned to represent Respondents in the case of Michael Smith v. Renee Baker, et al., Case No.

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3:13-cv-00246-RCJ-WGC, and as such, have personal knowledge of the matters contained herein.

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2.

A reply to Petitioner’s opposition to the motion to dismiss (ECF No. 74) is currently due

on Monday, October 14, 2019.
3.

I have been unable with due diligence to timely complete the response herein. Additional

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time is needed to draft responsive pleadings and have those pleadings reviewed and approved by my

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supervisor. I am seeking an extension of time to Wednesday, November 13, 2019.

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4.

This is my second request for an extension. I under estimated the amount of time needed

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to complete the reply in this matter, and I had a family emergency that necessitated out of state travel. As

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a result of this combination of events I have been unable to complete the reply despite exercising due

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diligence. Consequently I am seeking an additional thirty day extension in this matter.

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5.

This is the second request for an extension in this case. I have conferred with counsel for

the Petitioner, Amelia Bizzaro, and she does not oppose my request.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on this 11th day of October 2019.

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/s/ Allison Herr
Allison Herr (Bar No. 5383)

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IT IS SO ORDERED this 16th day of October, 2019.

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___________________________
ROBERT C. JONES

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