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)

Case 3:19-cv-00101-RCJ-WGC Document 65 Filed 09/07/21 Page 1 of 2

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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: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Tasheena Cooke

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES MCDANIEL,

Case No. 3:19-cv-00101-RCJ-WGC

Plaintiff,

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ORDER GRANTING
DEFENDANT’S MOTION FOR AN
EXTENSION OF TIME TO FILE
A DISPOSTIVIE MOTION
(FIRST REQUEST)

vs.
JAMES DZURENDA, et al.,

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Defendants.

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Defendant, Tasheena Cooke (formerly known as Tasheena Sandoval), by and through counsel,

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Aaron D. Ford, Attorney General of the State of Nevada, and Stephen J. Avillo, Deputy Attorney

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General, hereby submits this Motion for an Extension of Time to File a Dispositive Motion.

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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.

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In the week leading up to the dispositive motion deadline, undersigned counsel has filed, or has

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drafted and is about to file, one motion for summary judgment and two replies in support of motions for

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summary judgment. Counsel has also spent considerable time attempting to resolve a discovery dispute

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in another matter. This is in addition to other routine deadlines throughout counsel’s caseload.
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Case 3:19-cv-00101-RCJ-WGC Document 65 Filed 09/07/21 Page 2 of 2

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FRCP 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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Counsel submits that his recent schedule and workload constitutes good cause for granting an extension

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of time to file a dispositive motion, and that such request will not hinder or prejudice Plaintiff’s case.

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Defendants make this request in good faith, and not to cause undue delay or for any other improper

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purpose.

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Defendants therefore respectfully request a 35-day extension of the deadline to file a dispositive

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motion, to October 8, 2021. Counsel recognizes that 30 days is the normal time granted for extensions

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of dispositive motion deadlines. Counsel requests 35 instead of 30 after looking at his calendar and

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considering planned time out of the office.

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DATED this 3rd of September, 2021.
AARON D. FORD
Attorney General

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By:

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/s/ Stephen J. Avillo
STEPHEN J. AVILLO, Bar No. 11046
Deputy Attorney General

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Attorneys for Defendant

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IT IS SO ORDERED.

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DATED: September 7, 2021.

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________________________________________
UNITED STATES MAGISTRATE JUDGE

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