Espinosa v. Filson et al

Filing 113

ORDER granting ECF No. 112 Motion to Extend Time : In camera documents pursuant to ECF No. 108 Order due by Friday 5/15/2020. Signed by Magistrate Judge Carla Baldwin on 5/1/2020. (Copies have been distributed pursuant to the NEF - DRM)

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AARON D. FORD
Attorney General
ROST C. OLSEN, Bar No. 14410
Deputy Attorney General
State of Nevada
Public Safety Division
100 N. Carson Street
Carson City, NV 89701-4717
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendants
Romeo Aranas, Gloria Carpenter, Michelle Clay,
James Dzurenda, Michele Ewing, Gail Holmes,
Scott Mattinson and William Reubart

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BENJAMIN ESPINOSA,

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Case No. 3:18-cv-00298-MMD-CLB

Plaintiff,

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vs.

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FILSON, et al.,

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MOTION FOR EXTENSION OF TIME
TO FILE INSPECTOR GENERAL’S
DOCUMENTS IN CAMERA (First
Request)

Defendant.

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Defendants, Romeo Aranas, Gloria Carpenter, Michelle Clay, James Dzurenda,

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Michele Ewing, Gail Holmes, Scott Mattinson and William Reubart, by and through

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counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Rost C. Olsen,

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Deputy Attorney General, file their first Motion for Extension requesting a 14 day

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extension to submit Inspector General’s documents and other documents in camera, as

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ordered by this Court in ECF No. 108 at 14:1-4.

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

INTRODUCTION

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On April 17, 2020, this Court ordered Defendants to file certain documents related

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to a possible Inspector General’s investigation into a grievance by Plaintiff. See ECF No.

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108 at 14:1-4.

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Subsequent to the hearing, the Office of the Attorney General and Undersigned

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Counsel experienced difficulties establishing contact with the Inspector General’s Office

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due to reduced availability of staff in both offices due to the COVID-19 outbreak. Upon

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establishing contact, however, the Inspector General’s Office was unable to locate any

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investigation file related to the disputed grievance within the files accessible at the time.

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Upon information and belief, the Inspector General’s Office likely did not conduct an

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investigation into this particular grievance, but the Inspector General’s Office has not

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been able to confirm that such an investigation did not occur.

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II.

Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as

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DISCUSSION

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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Here, Defendants submit there is good cause for the requested extension. Efforts of

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the Office of the Attorney General and Inspector General’s Office have revealed a

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likelihood that the Inspector General’s Office did not conduct such an investigation.

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However, due to reduced in-office staffing in response to the current pandemic, the

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Inspector General’s Office has yet to be able to confirm this lack of an investigation.

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Accordingly, Defendants request an extension of fourteen (14) days, until Friday

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May 15, 2020 to confirm either a lack of investigation or discover responsive documents,

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and to file any documents yielded in camera.

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For the foregoing, Defendants submit good cause exists, and requests the Court

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extend the deadline to file the required documents to Friday, May 15, 2020. This request

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for an extension of time is made in good faith and not for the purpose of undue delay.

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DATED this 30th day of April, 2020.
AARON D. FORD
Attorney General

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By:

/s/ Rost C. Olsen
ROST C. OLSEN, Bar No. 14410
Deputy Attorney General

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Attorneys for Defendants

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Dated: May 1, 2020
iT IS SO ORDERED.

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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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 30th day of April, 2020, I caused a copy of the foregoing, MOTION FOR EXTENSION OF

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TIME TO FILE INSPECTOR GENERAL’S DOCUMENTS IN CAMERA (First Request), to be

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served, by U.S. District Court CM/ECF Electronic Filing on the following:

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Benjamin Espinosa #74296
Care of ESP Law Librarian
P.O. Box 1989
Ely, NV 89301
[e-mail]

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__________________________
An employee of the
Office of the Attorney General

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