McDaniel v. Dzurenda

Filing 65

ORDER granting ECF No. 64 Motion to Extend Time : Dispostive Motions due by 10/8/2021. Signed by Magistrate Judge William G. Cobb on 9/7/2021. (Copies have been distributed pursuant to the NEF - DRM)

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Case 3:19-cv-00101-RCJ-WGC Document 65 Filed 09/07/21 Page 1 of 2 1 2 3 4 5 6 7 AARON D. FORD Attorney General STEPHEN J. AVILLO, Bar No. 11046 Deputy Attorney General State of Nevada Public Safety Division 100 N. Carson Street Carson City, Nevada 89701-4717 Tel: (775) 684-1159 E-mail: Attorneys for Defendant Tasheena Cooke 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 JAMES MCDANIEL, Case No. 3:19-cv-00101-RCJ-WGC Plaintiff, 12 13 14 ORDER GRANTING DEFENDANT’S MOTION FOR AN EXTENSION OF TIME TO FILE A DISPOSTIVIE MOTION (FIRST REQUEST) vs. JAMES DZURENDA, et al., 15 Defendants. 16 Defendant, Tasheena Cooke (formerly known as Tasheena Sandoval), by and through counsel, 17 Aaron D. Ford, Attorney General of the State of Nevada, and Stephen J. Avillo, Deputy Attorney 18 General, hereby submits this Motion for an Extension of Time to File a Dispositive Motion. 19 20 21 22 23 24 This Motion is based on the F.R.C.P. 6(b)(1)(A), LR 1A 6-1, and the following Memorandum of Points and Authorities. This is the first request for an extension of time to file a dispositive motion. MEMORANDUM OF POINTS AND AUTHORITIES This is an inmate civil rights suit brought pursuant to 42 U.S.C. § 1983. Pursuant to the Court’s scheduling order, dispositive motions are due in this matter on September 3, 2021. 25 In the week leading up to the dispositive motion deadline, undersigned counsel has filed, or has 26 drafted and is about to file, one motion for summary judgment and two replies in support of motions for 27 summary judgment. Counsel has also spent considerable time attempting to resolve a discovery dispute 28 in another matter. This is in addition to other routine deadlines throughout counsel’s caseload. 1 Case 3:19-cv-00101-RCJ-WGC Document 65 Filed 09/07/21 Page 2 of 2 1 FRCP 6(b)(1) governs extensions of time and provides as follows: 4 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. 5 Counsel submits that his recent schedule and workload constitutes good cause for granting an extension 6 of time to file a dispositive motion, and that such request will not hinder or prejudice Plaintiff’s case. 7 Defendants make this request in good faith, and not to cause undue delay or for any other improper 8 purpose. 2 3 9 Defendants therefore respectfully request a 35-day extension of the deadline to file a dispositive 10 motion, to October 8, 2021. Counsel recognizes that 30 days is the normal time granted for extensions 11 of dispositive motion deadlines. Counsel requests 35 instead of 30 after looking at his calendar and 12 considering planned time out of the office. 13 DATED this 3rd of September, 2021. AARON D. FORD Attorney General 14 15 16 By: 17 /s/ Stephen J. Avillo STEPHEN J. AVILLO, Bar No. 11046 Deputy Attorney General 18 Attorneys for Defendant 19 20 21 IT IS SO ORDERED. 22 DATED: September 7, 2021. 23 24 ________________________________________ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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