Jensen v. Dzuranda et al

Filing 24

ORDER granting ECF No. 23 Motion to Extend Time : Dispositive Motions due by 2/8/2021. Signed by Magistrate Judge William G. Cobb on 1/7/2021. (Copies have been distributed pursuant to the NEF - DRM) Modified on 1/7/2021 to denote dispositive (DRM).

Case 3:19-cv-00178-MMD-WGC Document 24 Filed 01/07/21 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
Public Safety Division
100 N. Carson Street
Carson City, NV 89701-4717
Tel: [phone]
E-mail: [e-mail]
Attorneys for Defendants
Damon Bell, John Cardella, Warden
William Gittere, Victor Lobato, Edmond
Mason and Deputy Director Harold Wickham

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS D. JENSEN,

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Case No. 3:19-cv-00178-MMD-WGC

Plaintiff,

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ORDER GRANTING
MOTION FOR EXTENSION OF TIME
TO FILE DISPOSITIVE MOTION

vs.
JAMES DZURENDA, et al.,

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Defendants.

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

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of Nevada, and Meredith N. Beresford, Deputy Attorney General, hereby move this Court

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for an extension of time to file dispositive motions. (First Request) This Motion is made and

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based upon Federal Rules of Civil Procedure 6(b)(1)(A), the attached Points and

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Authorities, the papers and pleadings on file herein, and such other and further information

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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 inmate Thomas Jensen

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(Plaintiff), asserting claims arising under 42 U.S.C. § 1983.

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Amendment retaliation, free exercise of religion and legal mail claims, an Eighth

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Amendment failure to protect claim, and Fourteenth Amendment equal protection and
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Plaintiff alleges First

Case 3:19-cv-00178-MMD-WGC Document 24 Filed 01/07/21 Page 2 of 4

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due process property deprivation claims. Plaintiff sues multiple defendants for events

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that purportedly took place while he was at Northern Nevada Correctional Center

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(NNCC) and Ely State Prison (ESP). (See ECF No. 4 at 1.) Defendants respectfully

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request an extension of time out from the current deadline (January 8, 2021) to file

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dispositive motions in this matter.

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The Deputy Attorney General who has been handling this matter, has recently left

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the Office to deploy as a JAG officer for the United State Marine Corps.

This has

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necessitated the reassignment of this matter, as well as the rest of her case load. This

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matter is in the process of being reassigned, and it is anticipated that the reassignment

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will be completed by Friday, January 8, 2021. As a result of this need for reassignment,

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Counsel currently lacks the time and resources to prepare and file a dispositive motion by

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the deadline. Therefore, it is requested that the deadline be extended thirty days.

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II.

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

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LEGAL ANALYSIS

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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Defendants’ request is timely and will not hinder or prejudice Plaintiff’s case, but

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will allow for a thorough opportunity to review the case through Summary Judgment.

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The requested extension of time should permit the Defendants to file a well-researched

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and proper dispositive motion in this case. In light of the short time from the departure

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of the other deputy, it is respectfully asserted that a short extension is warranted.

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III.

CONCLUSION

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Defendants request this Court extend the deadline for dispositive motions in

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this matter. Defendants assert that the requisite good cause is present to warrant the

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requested extension of time. The request is timely. Therefore, the Defendants request
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Case 3:19-cv-00178-MMD-WGC Document 24 Filed 01/07/21 Page 3 of 4

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additional time, up until Tuesday, February 8, 2021, to file a dispositive motion in this

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matter.

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DATED this 7th day of January, 2021.
AARON D. FORD
Attorney General

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By:

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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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IT IS SO ORDERED.

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DATED: January 7, 2021.

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________________________________
UNITED STATES MAGISTRATE JUDGE

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Case 3:19-cv-00178-MMD-WGC Document 23 Filed 01/07/21 Page 4 of 4

CERTIFICATE OF SERVICE

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I certify that I am an employee of the Office of the Attorney General, State of

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Nevada, and that on this 7th day of January, 2021, I caused to be served, a true and

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correct copy of the foregoing, MOTION FOR EXTENSION OF TIME TO FILE

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DISPOSITIVE MOTION, by U.S. District Court CM/ECF Electronic Filing on the

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following:

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Thomas D. Jensen #59748
c/o NNCC Law Librarian
Northern Nevada Correctional Center
P.O. Box 7000
Carson City, NV 89702
[e-mail]

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

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