Davis v. Kleer

Filing 14

ORDER granting ECF No. 13 Motion to Extend Time : 90-day stay report due 12/19/2022. Signed by Magistrate Judge Carla Baldwin on 11/16/2022. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:22-cv-00152-MMD-CLB Document 14 Filed 11/16/22 Page 1 of 3
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AARON D. FORD
Attorney General
SHERYL SERREZE (Bar No. 12864)
Deputy Attorney General
State of Nevada
100 North Carson Street
Carson City, Nevada 89701-4717
Tel: [phone]
E-mail: [e-mail]
Attorneys for Interested Party
Nevada Department of Corrections

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TERRENCE DAVIS,

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Case No. 3:22-cv-00152-MMD-CLB
ORDER GRANTING

Plaintiff,

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vs.

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KLEER,

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MOTION TO EXTEND 90-DAY STAY
(SECOND REQUEST)
Defendants.

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Interested Party, Nevada Department of Corrections (“NDOC”), by and through

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undersigned counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Sheryl

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Serreze, Deputy Attorney General, hereby requests this Honorable Court grant an

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extension of the 90-day stay of proceedings in this matter for an additional thirty (30)

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days, to and including December 19, 2022. This is movant’s second motion for an

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extension of the stay.

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This motion is based upon the following memorandum of points and authorities, as
well as all pleadings, documents, and exhibits on file in this matter.

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

FACTUAL AND PROCEDURAL BACKGROUND

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This pro se prisoner civil rights action was brought by Plaintiff Terrance Davis

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(“Davis”) asserting claims pursuant to 42 U.S.C. § 1983. ECF No. 3 at 1:11-13. The Court

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allowed Davis to proceed with a single First Amendment claim for retaliation against

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Proposed Defendant Macelen Kleer (“Kleer”). Id. at 6:15-16. Davis sued for events that

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Case 3:22-cv-00152-MMD-CLB Document 14 Filed 11/16/22 Page 2 of 3
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allegedly took place while Davis was incarcerated within the NDOC at Ely State Prison

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(“ESP”). Id at 3:14-16.

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At the time the Court screened Davis’ Complaint, the Court also put in place a 90-

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day stay to “allow [Plaintiff] and [Defendant] an opportunity to settle their dispute before

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the $350.00 filing fee is paid, and answer is filed, or the discovery process begins.” ECF

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No. 3 at 6:22-24. The Screening Order also directed the Office of the Attorney General

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(“OAG”) to file a report ninety days after the screening order to indicate the status of the

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case at the end of the stay. ECF No. 3 at 7:1-4.

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The OAG submitted its report on October 14, 2022, informing the Court that after

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a mediation on October 11, 2022, the Parties were able to reach a successful settlement

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agreement. ECF No. 9. The OAG also sought an extension of the stay up to and including

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November 17, 2022, which was granted. ECF Nos. 10, 11.

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The OAG prepared the settlement agreement and now has the fully executed

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agreement in its possession. Unfortunately, prior counsel’s last day in the NDOC

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litigation division was November 10, 2022, and undersigned counsel is substituting into

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the case simultaneously herewith.
The requested additional 30-day extension will give new counsel the opportunity to

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confirm that NDOC has fully complied with all terms of the agreement.

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II.

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LEGAL ARGUMENT
Federal Rule of Civil Procedure 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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The OAG submits that this motion will not hinder or prejudice Davis’ case as the

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matter has been settled and the OAG is requesting only a short extension up to and

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including December 19, 2022 in order to confirm that NDOC has fully complied with all

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terms of the settlement agreement.

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Case 3:22-cv-00152-MMD-CLB Document 14 Filed 11/16/22 Page 3 of 3
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III.

CONCLUSION

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Good cause exists to further extend the 90 day stay of proceedings in this matter

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and Interested Party, Nevada Department of Corrections, respectfully requests the Court

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extend the stay for an additional thirty (30) days, to and including December 19, 2022.

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DATED this 16th day of November 2022.
AARON D. FORD
Attorney General

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By:

SHERYL SERREZE (Bar No. 12864)
Deputy Attorney General

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Attorneys for Interested Party
Nevada Department of Corrections

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IT IS SO ORDERED.
DATED: Novmber 16, 2022

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____________________________________
United States Magistrate Judge

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