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).

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Case 3:19-cv-00178-MMD-WGC Document 24 Filed 01/07/21 Page 1 of 4 1 2 3 4 5 6 7 8 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: (775) 684-1150 E-mail: Attorneys for Defendants Damon Bell, John Cardella, Warden William Gittere, Victor Lobato, Edmond Mason and Deputy Director Harold Wickham 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 THOMAS D. JENSEN, 12 Case No. 3:19-cv-00178-MMD-WGC Plaintiff, 13 14 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTION vs. JAMES DZURENDA, et al., 15 Defendants. 16 17 Defendants, by and through counsel, Aaron D. Ford, Attorney General of the State 18 of Nevada, and Meredith N. Beresford, Deputy Attorney General, hereby move this Court 19 for an extension of time to file dispositive motions. (First Request) This Motion is made and 20 based upon Federal Rules of Civil Procedure 6(b)(1)(A), the attached Points and 21 Authorities, the papers and pleadings on file herein, and such other and further information 22 as this Court may deem appropriate. MEMORANDUM OF POINTS AND AUTHORITIES 23 24 I. FACTUAL ANALYSIS 25 This is a pro se prisoner civil rights action brought by inmate Thomas Jensen 26 (Plaintiff), asserting claims arising under 42 U.S.C. § 1983. 27 Amendment retaliation, free exercise of religion and legal mail claims, an Eighth 28 Amendment failure to protect claim, and Fourteenth Amendment equal protection and 1 Plaintiff alleges First Case 3:19-cv-00178-MMD-WGC Document 24 Filed 01/07/21 Page 2 of 4 1 due process property deprivation claims. Plaintiff sues multiple defendants for events 2 that purportedly took place while he was at Northern Nevada Correctional Center 3 (NNCC) and Ely State Prison (ESP). (See ECF No. 4 at 1.) Defendants respectfully 4 request an extension of time out from the current deadline (January 8, 2021) to file 5 dispositive motions in this matter. 6 The Deputy Attorney General who has been handling this matter, has recently left 7 the Office to deploy as a JAG officer for the United State Marine Corps. This has 8 necessitated the reassignment of this matter, as well as the rest of her case load. This 9 matter is in the process of being reassigned, and it is anticipated that the reassignment 10 will be completed by Friday, January 8, 2021. As a result of this need for reassignment, 11 Counsel currently lacks the time and resources to prepare and file a dispositive motion by 12 the deadline. Therefore, it is requested that the deadline be extended thirty days. 13 II. 14 Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as 15 LEGAL ANALYSIS follows: 16 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. 17 18 19 20 Defendants’ request is timely and will not hinder or prejudice Plaintiff’s case, but 21 will allow for a thorough opportunity to review the case through Summary Judgment. 22 The requested extension of time should permit the Defendants to file a well-researched 23 and proper dispositive motion in this case. In light of the short time from the departure 24 of the other deputy, it is respectfully asserted that a short extension is warranted. 25 III. CONCLUSION 26 Defendants request this Court extend the deadline for dispositive motions in 27 this matter. Defendants assert that the requisite good cause is present to warrant the 28 requested extension of time. The request is timely. Therefore, the Defendants request 2 Case 3:19-cv-00178-MMD-WGC Document 24 Filed 01/07/21 Page 3 of 4 1 additional time, up until Tuesday, February 8, 2021, to file a dispositive motion in this 2 matter. 3 DATED this 7th day of January, 2021. AARON D. FORD Attorney General 4 5 6 By: 7 /s/ Douglas R. Rands DOUGLAS R. RANDS, Bar No. 3572 Senior Deputy Attorney General 8 Attorneys for Defendants 9 10 IT IS SO ORDERED. 11 DATED: January 7, 2021. 12 13 ________________________________ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 24 Case 3:19-cv-00178-MMD-WGC Document 23 Filed 01/07/21 Page 4 of 4 CERTIFICATE OF SERVICE 1 2 I certify that I am an employee of the Office of the Attorney General, State of 3 Nevada, and that on this 7th day of January, 2021, I caused to be served, a true and 4 correct copy of the foregoing, MOTION FOR EXTENSION OF TIME TO FILE 5 DISPOSITIVE MOTION, by U.S. District Court CM/ECF Electronic Filing on the 6 following: 7 Thomas D. Jensen #59748 c/o NNCC Law Librarian Northern Nevada Correctional Center P.O. Box 7000 Carson City, NV 89702 8 9 10 11 /s/ Roberta W. Bibee An employee of the Office of the Attorney General 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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