Gibson v. Dzurenda et al

Filing 121

ORDER granting ECF No. 119 Motion to Extend Time : Notice of acceptance of service is due by 12/3/2020. Signed by Magistrate Judge William G. Cobb on 11/5/2020. (Copies have been distributed pursuant to the NEF - DRM)

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AARON D. FORD
Attorney General
ANDREA M. DOMINGUEZ, Bar No. 15209
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
James Dzurenda, Miguel Flores-Nava,
Paul Hunt and Brian Williams

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CRAIG OTIS GIBSON,

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Case No. 3:18-cv-00190-MMD-WGC

Plaintiff,

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v.

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ORDER GRANTING
DEFENDANTS’ MOTION FOR
EXTENSION OF TIME
TO FILE THE NOTICE OF
ACCEPTANCE OF SERVICE
(FIRST REQUEST)

JAMES DZURENDA, et al.
Defendants.

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Defendants, James Dzurenda, Miguel Flores-Nava, Paul Hunt, and Brian Williams,

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

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M. Dominguez, Deputy Attorney General, hereby move for an extension of time to file the

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notice of acceptance of service. This motion is based on the following Memorandum of Points

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and Authorities and on all papers and pleadings on file.

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

FACTUAL ANALYSIS

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This is an inmate civil rights action brought pursuant to 42 U.S.C. § 1983. Craig

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Otis Gibson (Gibson) is an inmate in the custody of the Nevada Department of Corrections

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(NDOC), currently housed at Ely State Prison, (ESP). Gibson alleges violations of the First,

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Fourth, and Eighth Amendment of the United States Constitution. (ECF No. 111)

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On October 20, 2020 Gibson filed a Second Amended Complaint. (ECF No. 112.) On

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October 20, 2020 the Court entered an Order screening the second amended complaint, and

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allowing Gibson to proceed on fourteen claims, naming forty two (42) total defendants.

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(ECF No. 111.)

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As counsel for Defendants was only recently assigned this case, Defendants

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respectfully request an extension of time of thirty days to file the notice of acceptance of

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service. Counsel requires additional time to familiarize herself with the claims and case.

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Further, Plaintiff’s Second Amended complaint names thirty one (31) new defendants. The

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undersigned needs additional time to make a good faith effort to identify the new defendants.

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II.

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LEGAL STANDARD
Rule 6(b)(1), Federal Rules of Civil Procedure, governs extensions of time and states:

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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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Good cause exists to extend the time to file the notice of acceptance of service.

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Defendants’ request will not hinder or prejudice Plaintiff’s case but will allow for a thorough

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opportunity to try and identify the thirty one (31) additional defendants. The requested

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extension of time should permit Defendants time to adequately research the named

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individuals.

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III.

CONCLUSION

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Based on the foregoing, Defendants respectfully request that their motion for an

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extension of time for a period of thirty days, to December 3, 2020, in which to file the

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notice of acceptance of service be granted.

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DATED this 4th day of November, 2020.

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AARON D. FORD
Attorney General

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By: /s/ Andrea M. Dominguez
ANDREA M. DOMINGUEZ, Bar No. 15209
Deputy Attorney General

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Attorneys for Defendants

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ORDER

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IT IS SO ORDERED.

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DATED: November 5, 2020.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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