Gruber v. Gedney et al

Filing 103

ORDER granting ECF No. 102 Motion for Enlargement of Time to Object to ECF No. 101 Report and Recommendation., Objections to R&R due by 8/8/2018. Signed by Judge Robert C. Jones on 7/26/2018. (Copies have been distributed pursuant to the NEF - KW)

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ADAM PAUL LAXALT
Attorney General
GERRI LYNN HARDCASTLE, Bar No.13142
Deputy Attorney General
State of Nevada
Bureau of Litigation
Public Safety Division
100 N. Carson Street
Carson City, NV 89701-4717
Tel: [phone]
Email: [e-mail]
Attorneys for Defendants
Romeo Aranas, Karen Gedney
and Dana Marks

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RICHARD L. GRUBER,
Case No. 3:15-cv-00543-RCJ-VPC
Plaintiff,

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DEFENDANTS’ MOTION FOR
ENLARGEMENT OF TIME TO OBJECT TO
U.S. MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AT ECF NO. 101
(First Request)

v.
KAREN GEDNEY, et al.,
Defendants.

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Defendants, Romeo Aranas, Karen Gedney and Dana Marks, by and through counsel, Adam Paul

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Laxalt, Attorney General of the State of Nevada, and Gerri Lynn Hardcastle, Deputy Attorney General,

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hereby move this honorable Court for an enlargement of time to object to the Report and Recommendation

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of the U.S. Magistrate Judge at ECF No. 101. This motion is made and based on Fed. R. Civ. P. 6(b)(1),

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the following memorandum of points and authorities, and all pleadings and papers on file herein.

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

RELEVANT PROCEDURAL HISTORY

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This case is a pro se inmate civil rights action pursuant to 42 U.S.C. § 1983. ECF No. 34.

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Plaintiff, Richard Gruber (Plaintiff), alleges that Defendants, Romeo Aranas, Karen Gedney and Dana

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Marks, were deliberately indifferent to his serious medical need of Parkinson’s disease by refusing to treat

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him. Id. at 3.

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On November 9, 2017, Defendants filed their motion for summary judgment. ECF No. 67.

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Plaintiff filed his opposition to Defendant’s motion for summary judgment on March 20, 2018. ECF No.

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91. Defendants filed their reply to Plaintiff’s opposition on April 16, 2018. ECF No. 99.

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Magistrate Judge Cooke entered the Report and Recommendation of U.S. Magistrate Judge on

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July 11, 2018. ECF No. 101. In her Report and Recommendation, she recommended that District Judge

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Jones grant summary judgment in favor of Defendant Aranas; however, she recommended that District

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Judge Jones deny summary judgment in favor of Defendant Gedney and Defendant Marks. Id. at 16.

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As the Report and Recommendation states, a party wishing to object to the Report and

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Recommendation must file a written objection pursuant to 24 U.S.C. § 636(b)(1)(c) by July 25, 2018. Id.

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Unfortunately, Defendants will not be able to file their written objection by that time. Defendants’ counsel

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has other deadlines (in other cases) on July 25, 2018, which cannot be extended, and counsel is unable to

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comply with those deadlines and the deadline for the objection in this case. Accordingly, Defendants

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request an additional fourteen (14) days to file their objection to the Report and Recommendation of the

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U.S. Magistrate Judge.

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II.

LEGAL STANDARD

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District courts have inherent power to control their dockets. Hamilton Copper & Steel Corp. v.

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Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cir.

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1992). Fed. R. Civ. P. 6(b)(1) governs enlargements of time and provides as follows:

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When an act may or must be done within a specified time, the court may,
for good cause, extend the time: (A) with or without motion or notice if
the court acts, or if a request is made, before the original time or its
extension expires; or (B) on motion made after the time has expired if the
party failed to act because of excusable neglect.

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“The proper procedure, when additional time for any purpose is needed, is to present to the

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Court a timely request for an extension before the time fixed has expired (i.e., a request presented

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before the time then fixed for the purpose in question has expired).” Canup v. Miss. Valley Barge Line

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Co., 31 F.R.D. 282, 283 (D.Pa. 1962). The Canup Court explained that “the practicalities of life” (such

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as an attorney’s “conflicting professional engagements” or personal commitments such as vacations,

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family activities, illnesses, or death) often necessitate an enlargement of time to comply with a court

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deadline.

Id.

Extensions of time “usually are granted upon a showing of good cause, if timely
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made.” Creedon v. Taubman, 8 F.R.D. 268, 269 (D.Ohio 1947). The good cause standard considers a

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party’s diligence in seeking the continuance or extension. See, e.g., Johnson v. Mammoth Recreations,

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Inc., 975 F.2d 604, 609 (9th Cir. 1992).

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III.

DISCUSSION

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Here, Defendants request an additional fourteen (14) days to file their objection to the U.S.

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Magistrate Judge’s Report and Recommendation at ECF No. 101. Defendants need this enlargement of

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time, because their counsel has deadlines in other cases on the same date that their objection is due

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pursuant to 24 U.S.C. § 636(b)(1)(c). The deadlines counsel faces in other cases cannot be extended and

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prevent counsel from meeting the deadline to object in this case. Defendants have demonstrated good

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cause for the enlargement of time, and they do not believe that Plaintiff will be unfairly prejudiced by this

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short extension.

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IV.

CONCLUSION

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Because Defendants’ counsel is unable to complete her clients’ objection to the Report and

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Recommendation of the U.S. Magistrate Judge, Defendants respectfully request that this honorable Court

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grant the instant motion and allow them until Wednesday, August 8, 2018, to file their reply brief.

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DATED this 24th day of July, 2018.

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ADAM PAUL LAXALT
Attorney General

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By:

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GERRI LYNN HARDCASTLE
Deputy Attorney General
State of Nevada
Bureau of Litigation
Public Safety Division

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Attorneys for Defendants

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IT IS SO ORDERED this 26th day of July, 2018.

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_________________________
ROBERT C. JONES

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