Fitzgearld v. Martin et al

Filing 91

ORDER granting ECF No. 90 Motion to Extend Time; Dispositive motions shall be filed on or before January 29, 2022. If the Court grants Plaintiff's request to extend discovery, the dispositive motion deadlinewill be likewise extended further. Signed by Magistrate Judge Carla Baldwin on 12/29/2021. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:17-cv-00278-MMD-CLB Document 90 Filed 12/29/21 Page 1 of 4
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AARON D. FORD
Attorney General
DOUGLAS R. RANDS, Bar No. 3572
Senior Deputy Attorney General
State of Nevada
100 N. Carson Street
Carson City, Nevada 89701-4717
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Romeo Aranas, Renee Baker, Gloria Carpenter,
James Dzurenda, Dawn Jones, Michael Koehn
and Greg Martin

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARTY FITZGERALD,

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vs.

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LPN GREG MARTIN, et al.,

Case No. 3:17-cv-00278-MMD-CLB
MOTION FOR EXTENSION OF TIME TO
FILE DISPOSITIVE MOTIONS
(Second Request)

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Defendants, Romeo Aranas, Renee Baker, Gloria Carpenter, James Dzurenda, Dawn Jones,

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Michael Koehn and Greg Martin, by and through counsel, Aaron D. Ford, Attorney General of the

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State of Nevada, and Douglas R. Rands, Senior Deputy Attorney General, hereby extension of time

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to file dispositive motions. (Second Request) This Motion is made and based upon Federal Rules of

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Civil Procedure 6(b)(1)(A), the attached Points and Authorities, the papers and pleadings on file

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herein, and such other and further information as this Court may deem appropriate.
MEMORANDUM OF POINTS AND AUTHORITIES

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I.

FACTUAL ANALYSIS

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This is a pro se prisoner civil rights action brought by Plaintiff, inmate Marty Fitzgerald,

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#73049 (Plaintiff), under 42 U.S.C. § 1983 and the Eighth Amendment to the U.S. Constitution

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alleging medical deliberate indifference claims arising from hepatitis C (HCV) and other medical

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treatment. See ECF No. 11 at 6.

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Plaintiff is an inmate in the custody of the Nevada Department of Corrections (NDOC. He

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has made a second request to continue this matter for 5 or 6 months. (ECF No. 88) While it is not

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clear, it appears Plaintiff is requesting additional time for discovery and to hire an attorney. He

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states that he is looking for an attorney out of state. The Defendants do not oppose the request,

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however, on June 1, 2021, this Court issued a Scheduling Order, (ECF No. 79) ordering that

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dispositive motions must be filed no later than Wednesday, December 29, 2021. If the Court is

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considering Plaintiff’s Motion for additional time, it seems prudent to request this Court extend the

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dispositive motion deadline. Judicial resources would be better spent by having a briefing period

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after the additional discovery period, if ordered by this Court. Additionally, due to issues and

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hearings that Counsel completed in December, and the fact that many persons, including the

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Defendants are not available during the holiday season, the Defendants request additional time to

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file the dispositive motion in this matter.

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II.

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LEGAL ANALYSIS
Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as follows:
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 is timely and will not hinder or prejudice Plaintiff’s case but will allow

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for a thorough opportunity to brief a dispositive motion. The requested extension of time should

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permit the Defendants time to adequately research, draft, and submit a well briefed dispositive

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motion in this case. Defendants assert that the requisite good cause is present to warrant the

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requested extension of time. In light of this situation, it is respectfully asserted that a short

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extension is warranted. This is particularly true if the Court is favorably disposed to Plaintiff’s

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request for additional time. Additionally, as stated above, Counsel has been involved in trials and

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hearings on matters, including the Zane Floyd death penalty evidentiary hearings during this month.

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Therefore, a 30 day extension is requested, either from today or from whatever discovery extension

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this Court may consider.
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Case 3:17-cv-00278-MMD-CLB Document 90 Filed 12/29/21 Page 3 of 4

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III.

CONCLUSION

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Defendants asserts that the requisite good cause and extenuating circumstances are present

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to warrant the requested extension of time. Therefore, the Defendants requests an extension, until

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following whatever extension the Court deems appropriate, to file their dispositive motion.

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Minimally, the Defendants request an extension of 30 days, or to Friday, January 29, 2022, to file

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their dispostive motion.

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DATED this 29th day of December, 2021.
AARON D. FORD
Attorney General

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/s/ Douglas R. Rands
DOUGLAS R. RANDS, Bar No. 3572
Senior Deputy Attorney General

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Attorneys for Defendants

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By:

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Dispositive motions shall be filed on or before
January 29, 2022. If the Court grants Plaintiff's request
to extend discovery, the dispositive motion deadline
will be likewise extended further.
IT IS SO ORDERED.
Dated: December 29, 2021.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE

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Case 3:17-cv-00278-MMD-CLB Document 90 Filed 12/29/21 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

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that on this 29th day of December, 2021, I caused to be served a copy of the foregoing, MOTION

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FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS (Second Request), by U.S.

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District Court CM/ECF Electronic Filing to:

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Marty S. Fitzgerald, #73049
Northern Nevada Correctional Center
P. O. Box 7000
Carson City, NV 89702

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/s/ Roberta W. Bibee _______
An employee of the Office
of the Attorney General

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