Smith v. Baker et al

Filing 92

ORDER granting ECF No. 91 Motion to Extend Time. Respondents shall have up to and including Wednesday, November 25, 2020 in which to file their answer to the Second Amended Petition (ECF No. 44 ). Signed by Judge Robert C. Jones on 11/23/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 3:13-cv-00246-RCJ-WGC Document 92 Filed 11/23/20 Page 1 of 3

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AARON D. FORD
Attorney General
Allison Herr (NV Bar No 5383)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
555 E. Washington Ave., Ste. 3900
Las Vegas, NV 89101
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Respondents

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL L. SMITH,
Case No. 3:13-cv-00246-RCJ-WGC

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Petitioner,

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vs.

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RENEE BAKER, et al.,

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ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE
ANSWER TO AMENDED PETITION FOR
WRIT OF HABEAS CORPUS
(ECF No. 44)

Respondents.
(FIFTH REQUEST)

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Respondents move this Court for a three week extension of time, from the current due date of

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Wednesday November 4, 2020, up to and including Wednesday, November 25, 2020 in which to file

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their answer to Michael Smith’s Second Amended Petition for Writ of Habeas Corpus. ECF No. 44. 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 fifth enlargement of time sought by Respondents and is brought in good faith and not
for the purpose of delay.
DATED November 4, 2020.
AARON D. FORD
Attorney General

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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 92 Filed 11/23/20 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 Smith v. Baker, 3:13-cv-00246-RCJ-WGC, and as

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such, have personal knowledge of the matters contained herein.

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2.

An answer to the Second Amended Petition for Writ of Habeas Corpus (ECF No. 44) is

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currently due on Wednesday, November 4, 2020. I have been unable to timely complete the answer in

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this matter and need additional time to respond. I am seeking a three-week extension up to and including

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Wednesday, November 25, 2020.

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3.

My first extension was necessitated due to the fact I was on medical leave at the time this

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Court issued the initial briefing schedule. A second extension was necessitated by COVID related issues

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included a number of emergency matters and restricted access to material, and a third and fourth extension

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were caused by a combination of personal family issues, preparation for an evidentiary hearing, a service

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error in a Ninth Circuit matter, and a number of computer network issues.

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4.

Unfortunately, a fifth extension is now required. While I have been diligently working on

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this matter, I underestimated the amount of time that would be necessary to answer all of the claims. On

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its face the petition appears to include five claims, but when all of the subparts are included there are

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actually twenty-two claims. Unfortunately, I misread the petition and missed eight of the claims resulting

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in this missed deadline. Further exacerbating matters I have an answer brief due to the Nevada Supreme

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Court this week, and I will be out of state for a second surgery and medical treatment from November 9

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through November 17, thus rather than being able to ask for a few days extension I am seeking 3 weeks

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to allow me to remedy these missed claims upon my return.

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5.

I have discussed this matter with opposing counsel, and she does not oppose my request.

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6.

This is the fifth request for an extension to file the answer.

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Case 3:13-cv-00246-RCJ-WGC Document 92 Filed 11/23/20 Page 3 of 3

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7.

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

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Executed on this 4th day of November 2020.

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

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

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IT IS SO ORDERED.

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______________________________________
ROBERT C. JONES
United States District Judge
Dated: November 23, 2020.

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