Prentice v. Stogner et al

Filing 60

ORDER granting ECF No. 59 Second Motion for Enlargement of Time to Serve Discovery Responses. Signed by Magistrate Judge William G. Cobb on 3/8/2018. (Copies have been distributed pursuant to the NEF - LH)

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Case 3:16-cv-00060-MMD-WGC Document 59 Filed 03/08/18 Page 1 of 4 1 2 3 4 5 6 7 8 ADAM PAUL LAXALT Attorney General BENJAMIN R. JOHNSON, Bar No. 10632 Deputy Attorney General State of Nevada Bureau of Litigation Public Safety Division 100 N. Carson Street Carson City, NV 89701-4717 Tel: (775) 684-1254 E-mail: BJohnson@ag.nv.gov Attorneys for Defendants James Cox, Anthony Carrasco, Brandon Gonzales, Terry Lindberg, Marc Mallinger, James Stogner, William Sandie, and Daniel Wheeler 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 ANTHONY PRENTICE, 13 Case No. 3:16-cv-00060-MMD-WGC Plaintiff, 14 v. 15 ORDER GRANTING DEFENDANTS’ MOTION FOR ENLARGEMENT OF TIME TO SERVE DISCOVERY RESPONSES (SECOND REQUEST) CHAPLAIN STOGNER, et al., Defendants. 16 17 Defendants James Cox, Anthony Carrasco, Brandon Gonzales, Terry Lindberg, Marc Mallinger, 18 James Stogner, William Sandie, and Daniel Wheeler, by and through counsel, Adam Paul Laxalt, 19 Attorney General of the State of Nevada, and Benjamin R. Johnson, Deputy Attorney General, hereby 20 move this Court for an enlargement of time to serve their responses and/or objections to Plaintiff’s 21 discovery requests. This Motion is based on the following Memorandum of Points and Authorities and 22 all papers and pleadings on file herein. MEMORANDUM OF POINTS AND AUTHORITIES 23 24 I. INTRODUCTION AND RELEVANT PROCEDURAL HISTORY 25 On January 16, 2018, Plaintiff served interrogatories on all named defendants. Due to preparation 26 for a trial that was held on January 23, 2018, in Case No. 3:13-cv-00433-MMD-WGC, counsel and the 27 paralegal assisting with discovery have been unable to confer with the defendants and complete the 28 responses. Defendants Cox, Mallinger, Rose-Thayer, Stogner, and Sandie have completed their 1 Case 3:16-cv-00060-MMD-WGC Document 59 Filed 03/08/18 Page 2 of 4 1 interrogatory responses and they were served concurrently with the filing of this motion. Defendants 2 Carrasco, Gonzales, Lindberg and Wheeler need additional time to respond. Defendants request an 3 additional eight days, up to and including March 16, 2018 to serve responses. FED. R. CIV. P. 6(b)(1) governs enlargements of time and provides as follows: 4 5 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. 6 7 8 The proper procedure, when additional time for any purpose is needed, is to present a request 9 for extension of time before the time fixed has expired. Canup v. Mississippi Val. Barge Line Co., 31 10 F.R.D. 282 (W.D.Pa. 1962). Extensions of time may always be asked for, and usually are granted on a 11 showing of good cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 12 F.R.D. 268 (N.D. Ohio 1947). 13 Defendants seek an enlargement of time to file serve responses to discovery. Good cause exists 14 to extend the time to file this motion. The majority of defendants have completed interrogatory 15 responses. Defendant Carrasco, Wheeler, Gonzales, and Lindberg need a second extension of time up 16 to and including March 16, 2018, to complete their responses. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 Case 3:16-cv-00060-MMD-WGC Document 59 Filed 03/08/18 Page 3 of 4 1 2 3 4 5 6 7 I. CONCLUSION Based on the foregoing, Defendants respectfully request their motion for enlargement of time is granted and the deadline for serving discovery responses be extended to March 16, 2018. DATED this 8th day of March, 2018. ADAM PAUL LAXALT Attorney General By: BENJAMIN R. JOHNSON Deputy Attorney General State of Nevada Bureau of Litigation Public Safety Division 8 9 10 Attorneys for Defendants 11 12 13 APPROVED AND SO ORDERED: 14 15 16 _________________________ U.S. MAGISTRATE JUDGE 17 March 8, 2018 DATED: __________________ 18 19 20 21 22 23 24 25 26 27 28 3

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