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)

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Case 3:20-cv-00515-MMD-WGC Document 14 Filed 10/14/20 Page 1 of 3 5 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: (775) 684-1100 E-mail: 6 Attorneys for Barbara Cegavske 1 2 3 4 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 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, 12 13 vs. 14 BARBARA CEGAVSKE, in her official capacity as Nevada Secretary of State, et al., 15 16 Defendants. First Request 17 18 Defendant Barbara Cegavske, Nevada Secretary of State (Secretary), by and 19 through the undersigned counsel, hereby moves the Court, pursuant Rule 6(b) of the 20 Federal Rules of Civil Procedure (FRCP), and Local Rule IA 6-1 (LR 6-1), for an order 21 extending the Secretary’s time in which to file a responsive pleading to Plaintiffs’ 22 Complaint, hereinafter “Complaint” (ECF No. 1). This is the Secretary’s first request for 23 an extension of any filing deadline in this case. The Secretary requests that her time for 24 filing a responsive pleading in this case be extended until November 2, 2020, representing 25 an additional twenty (20) days. This request is based upon the following points and 26 authorities and all pleadings and papers on file herein. 27 28 -1- Case 3:20-cv-00515-MMD-WGC Document 14 Filed 10/14/20 Page 2 of 3 POINTS AND AUTHORITIES 1 2 FRCP 6(b) states: “When an act may or must be done within a specified time, the 3 court may, for good cause, extend the time . . . with or without motion or notice if the 4 court acts, or if a request is made, before the original time or its extension expires.” On 5 the Secretary’s behalf, the undersigned accepted service of the Complaint on September 6 22, 2020. Pursuant to NRCP 12(a), the Secretary must file a responsive pleading by close 7 of business today. 8 On October 7, 2020, the Secretary joined a motion (ECF No. 10) in which 9 Defendants requested approval of a proposed consent decree similar to the one that was 10 approved in Fair Maps Nevada v. Cegavske, Case No. 3:20-cv-00271-MMD-WGC (D. Nev. 11 Filed May 6, 2020). However, by order dated October 9, 2020 (ECF No. 12), the Court 12 dismissed the joint motion without prejudice and directed the parties “to file either a joint 13 brief, or separate briefs, addressing the . . . questions of whether Plaintiffs have standing 14 to prosecute this case, and whether the Court would have jurisdiction to approve a revised 15 consent decree” (Id. at 2:19-21). In light of the Court’s order, the Secretary intends to 16 evaluate the question of standing in light of any facts that Plaintiffs may produce in 17 connection with a forthcoming motion for preliminary injunction. Additionally, given the 18 strong likelihood that such a motion for preliminary injunction will be contested by the 19 Proposed Intervenor-Defendants, the Secretary intends to reevaluate whether renewing 20 the joint motion and proposed consent decree is the most expeditious method of disposing 21 of this case. 22 Due to the change in circumstances, the Secretary desires additional time in which 23 to draft a responsive pleading. Such a responsive pleading will likely be consolidated 24 with the Secretary’s response to Plaintiffs’ forthcoming motion for preliminary injunction. 25 Plaintiffs’ counsel has represented to the undersigned that he will file such a motion in 26 the coming days and will request that it be briefed and decided on an emergency basis. 27 The Secretary will not object to an expedited briefing and hearing schedule, provided that 28 -2- Case 3:20-cv-00515-MMD-WGC Document 14 Filed 10/14/20 Page 3 of 3 1 Defendants are afforded no fewer than seven (7) days in which to respond to a motion for 2 preliminary injunction. 3 The Secretary respectfully submits that the change in circumstances, as discussed 4 above, amounts to good cause for an extension of the 21-day period in which to file a 5 responsive pleading. As noted above, this is the Secretary’s first request for an extension 6 of any filing deadline in this case. The Secretary requests that the time for filing a 7 responsive pleading in this case be extended until November 2, 2020. It is anticipated 8 that the requested extension, if granted, will provide adequate time in which to align the 9 Secretary’s responsive pleading with a response to Plaintiffs’ anticipated motion for 10 11 preliminary injunction. Dated this 13th day of October 2020. AARON D. FORD Attorney General 12 13 By: /s/ Gregory L. Zunino Deputy Solicitor General Nevada Bar 4805 100 N. Carson Street Carson City, Nevada 89701 (775) 684-1237 14 15 16 17 Attorney for Barbara Cegavske 18 19 20 IT IS SO ORDERED. 21 DATED: October 14, 2020. 22 23 _______________________________________ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 -3-

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