Protect Our Girls et al v. Cegavske et al

Filing 14

ORDER granting ECF No. #13 Motion to Extend Time. Defendant Barbara Cegavske's responsive pleading to ECF No. #1 Complaint is due by November 2, 2020. Signed by Magistrate Judge William G. Cobb on 10/14/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 3:20-cv-00515-MMD-WGC Document 14 Filed 10/14/20 Page 1 of 3

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AARON D. FORD
Attorney General
GREGORY L. ZUNINO, Bar No. 4805
Deputy Solicitor General
State of Nevada
100 N. Carson Street
Carson City, Nevada 89701-4717
Tel: [phone]
E-mail: [e-mail]

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Attorneys for Barbara Cegavske

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PROTECT OUR GIRLS,
a Committee for Political Action (PAC),
Advocating Passage, et al.,

Case No. 3:20-cv-00515-MMD-WGC

ORDER GRANTING
DEFENDANT SECRETARY
OF STATE’S MOTION FOR
EXTENSION OF TIME IN
WHICH TO FILE A RESPONSIVE
PLEADING TO PLAINTIFFS’
COMPLAINT (ECF NO. 1)

Plaintiffs,

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vs.

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BARBARA CEGAVSKE,
in her official capacity as Nevada
Secretary of State, et al.,

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Defendants.

First Request

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Defendant Barbara Cegavske, Nevada Secretary of State (Secretary), by and

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through the undersigned counsel, hereby moves the Court, pursuant Rule 6(b) of the

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Federal Rules of Civil Procedure (FRCP), and Local Rule IA 6-1 (LR 6-1), for an order

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extending the Secretary’s time in which to file a responsive pleading to Plaintiffs’

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Complaint, hereinafter “Complaint” (ECF No. 1). This is the Secretary’s first request for

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an extension of any filing deadline in this case. The Secretary requests that her time for

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filing a responsive pleading in this case be extended until November 2, 2020, representing

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an additional twenty (20) days. This request is based upon the following points and

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authorities and all pleadings and papers on file herein.

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Case 3:20-cv-00515-MMD-WGC Document 14 Filed 10/14/20 Page 2 of 3

POINTS AND AUTHORITIES

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FRCP 6(b) states: “When an act may or must be done within a specified time, the

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court may, for good cause, extend the time . . . with or without motion or notice if the

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court acts, or if a request is made, before the original time or its extension expires.” On

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the Secretary’s behalf, the undersigned accepted service of the Complaint on September

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22, 2020. Pursuant to NRCP 12(a), the Secretary must file a responsive pleading by close

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of business today.

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On October 7, 2020, the Secretary joined a motion (ECF No. 10) in which

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Defendants requested approval of a proposed consent decree similar to the one that was

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approved in Fair Maps Nevada v. Cegavske, Case No. 3:20-cv-00271-MMD-WGC (D. Nev.

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Filed May 6, 2020). However, by order dated October 9, 2020 (ECF No. 12), the Court

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dismissed the joint motion without prejudice and directed the parties “to file either a joint

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brief, or separate briefs, addressing the . . . questions of whether Plaintiffs have standing

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to prosecute this case, and whether the Court would have jurisdiction to approve a revised

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consent decree” (Id. at 2:19-21). In light of the Court’s order, the Secretary intends to

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evaluate the question of standing in light of any facts that Plaintiffs may produce in

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connection with a forthcoming motion for preliminary injunction. Additionally, given the

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strong likelihood that such a motion for preliminary injunction will be contested by the

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Proposed Intervenor-Defendants, the Secretary intends to reevaluate whether renewing

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the joint motion and proposed consent decree is the most expeditious method of disposing

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of this case.

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Due to the change in circumstances, the Secretary desires additional time in which

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to draft a responsive pleading. Such a responsive pleading will likely be consolidated

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with the Secretary’s response to Plaintiffs’ forthcoming motion for preliminary injunction.

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Plaintiffs’ counsel has represented to the undersigned that he will file such a motion in

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the coming days and will request that it be briefed and decided on an emergency basis.

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The Secretary will not object to an expedited briefing and hearing schedule, provided that

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Case 3:20-cv-00515-MMD-WGC Document 14 Filed 10/14/20 Page 3 of 3

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Defendants are afforded no fewer than seven (7) days in which to respond to a motion for

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preliminary injunction.

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The Secretary respectfully submits that the change in circumstances, as discussed

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above, amounts to good cause for an extension of the 21-day period in which to file a

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responsive pleading. As noted above, this is the Secretary’s first request for an extension

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of any filing deadline in this case. The Secretary requests that the time for filing a

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responsive pleading in this case be extended until November 2, 2020. It is anticipated

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that the requested extension, if granted, will provide adequate time in which to align the

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Secretary’s responsive pleading with a response to Plaintiffs’ anticipated motion for

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preliminary injunction.
Dated this 13th day of October 2020.
AARON D. FORD
Attorney General

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By: /s/ Gregory L. Zunino
Deputy Solicitor General
Nevada Bar 4805
100 N. Carson Street
Carson City, Nevada 89701
[phone]
[e-mail]

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Attorney for Barbara Cegavske

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IT IS SO ORDERED.

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DATED: October 14, 2020.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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