Pamplin v. Baker et al

Filing 93

ORDER granting ECF No. 92 Motion to Extend Time. Proposed Joint Pretrial Order due by 6/29/2020. Signed by Chief Judge Miranda M. Du on 4/23/2020. (Copies have been distributed pursuant to the NEF - KR)

Case 3:16-cv-00745-MMD-CLB Document 93 Filed 04/23/20 Page 1 of 4

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AARON D. FORD
Attorney General
MARY ANNE MARTIN, Bar No. 13267
Deputy Attorney General
State of Nevada
Public Safety Division
100 N. Carson Street
Carson City, Nevada 89701-4717
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendants
Renee Baker, James Dzurenda,
Robin Hager, John Keast,
Gregory Martin and Brian Sandoval

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN DAVID PAMPLIN,

Case No. 3:16-cv-00745-MMD-CLB
Plaintiff,

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MOTION FOR EXTENSION OF TIME TO
FILE JOINT PRETRIAL ORDER
(FIRST REQUEST)

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v.

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WARDEN BAKER, et al.,

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Defendants

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Defendants, Renee Baker, James Dzurenda, Robin Hager, John Keast, Gregory Martin and Brian

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Sandoval, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Mary

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Anne Martin, Deputy Attorney General, hereby submit this Motion for Extension of Time to File Joint

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Pretrial Order (first request). This motion to extend the time is based on Federal Rule of Civil Procedure

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6(b)(1)(A), Local Rule 16-3(b), the following Memorandum of Points and Authorities, and all papers

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and pleadings on file in this action.

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MEMORANDUM OF POINTS AND AUTHORITIES

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Defendants respectfully request a sixty (60) day extension of time to file a joint pre-trial order

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from the current deadline of April 27, 2020. In this Court’s minute order dated March 25, 2020 (ECF

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No. 88), the parties were encouraged to pursue informal settlement and file a proposed joint pretrial

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order by April 27, 2020. LR 16-3(b) states: “Upon the initiative of a pro se plaintiff or plaintiff’s attorney,

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the attorneys or parties who will try the case and who are authorized to make binding stipulations must

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personally discuss settlement and prepare and file a proposed joint pretrial order…” To date, Plaintiff has
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Case 3:16-cv-00745-MMD-CLB Document 93 Filed 04/23/20 Page 2 of 4

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not initiated a settlement conference nor communicated with Defense counsel regarding a proposed joint

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pretrial order. Accordingly, Defendants respectfully request an additional sixty (60) days, up to and

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including June 29, 2020 to confer with Plaintiff regarding settlement and/or a joint pretrial order. During

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such time, counsel for Defendants will reach out to schedule a conference call with Plaintiff.

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Defendants seek a sixty day extension rather than a thirty day extension because of recent

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quarantine measures imposed in response to the COVID-19 virus pandemic. Namely, Governor Sisolak

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issued a “stay at home” directive on April 1, 2020 whereby Deputy Attorney Generals and other staff

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are required to utilize home based working arrangements. As a result, the already limited staff at the

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Office of the Attorney General is rendered less efficient due to constraints imposed by limited VPNs

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and lack of remote document access.
Federal Rule of Civil Procedure 6(b)(1) governs extensions 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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Defendants’ request will not hinder nor prejudice Plaintiff’s case. The requested sixty day extension of

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time should permit Defendants’ counsel time to confer with Plaintiff regarding settlement as required by

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LR 16-3(b). Given current briefing demands in other cases and limited staffing within the Office of the

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Attorney General exacerbated by COVID-19 precautions, Defendants assert that the requisite good

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cause/excusable neglect is present to warrant the requested extension of time.

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For these reasons, Defendants respectfully request a sixty (60) day extension of time to confer

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with Plaintiff and submit a proposed joint pretrial order pursuant to LR 16-3 and ECF No. 88, with a

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new deadline to and including Monday, June 29, 2020.

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Case 3:16-cv-00745-MMD-CLB Document 93 Filed 04/23/20 Page 3 of 4

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PROPOSED SCHEDULE FOR REMAINING DEADLINE

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Current Joint Pretrial Order deadline

April 27, 2020

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Proposed Joint Pretrial Order deadline

June 29, 2020

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DATED this 23rd day of April 2020.

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AARON D. FORD
Attorney General

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By:

/s/Mary Anne Martin
MARY ANNE MARTIN, Bar No. 13267
Deputy Attorney General

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Attorneys for Defendants

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IT IS SO ORDERED.

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___________________________
U.S. DISTRICT JUDGE

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April 23 2020
DATED: ____________________

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Case 3:16-cv-00745-MMD-CLB Document 92 Filed 04/23/20 Page 4 of 4
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CERTIFICATE OF SERVICE

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I certify that I am an employee of the Office of the Attorney General, State of Nevada, and that
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on this 23rd day of April, 2020, I caused to be served a copy of the foregoing, MOTION FOR
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EXTENSION OF TIME TO FILE JOINT PRETRIAL ORDER (FIRST REQUEST), by U.S.
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District Court CM/ECF Electronic Filing to:
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John D. Pamplin #74405
Care of NNCC Law Librarian
Northern Nevada Correctional Center
P.O. Box 7000
Carson City, NV 89702
[e-mail]

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/s/ Perla M. Hernandez
An employee of the
Office of the Attorney General

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