Clemens v. Nevada Department of Corrections et al
Filing
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ORDER granting 83 Motion to Extend Time : Dipositive Motions due by 11/28/2024. Signed by Magistrate Judge Craig S. Denney on 10/23/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - DRM)
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AARON D. FORD
Attorney General
VICTORIA C. COREY (Bar No. 16364)
Deputy Attorney General
NATHAN M. CLAUS (Bar No. 15889)
Deputy Attorney General
State of Nevada
Office of the Attorney General
1 State of Nevada Way, Ste. 100
Las Vegas, Nevada 89119
(702) 486-9245 (phone)
(702) 486-3773 (fax)
Email: vcorey@ag.nv.gov
Attorneys for Defendants
Kara LeGrand, Tim Garrett,
Dana Marks, Brian Egerton,
Rosselle Donnely, and Erin Parks
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Case No. 3:23-cv-00035-MMD-CSD
DAVE CLEMENS
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Plaintiff,
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v.
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NEVADA DEPARTMENT OF
CORRECTIONS, et al.,
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ORDER GRANTING
MOTION FOR 30-DAY EXTENSION
TO FILE DISPOSITIVE MOTION
[Second Request]
Defendants.
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Defendants, Kara LeGrand, Tim Garrett, Dana Marks, Brian Egerton, Rosselle
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Donnely, and Erin Parks, by and through counsel, Aaron D. Ford, Nevada Attorney
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General, Victoria C. Corey, Deputy Attorney General, of the State of Nevada, Office of the
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Attorney General, and Nathan M. Claus, Deputy Attorney General, of the State of Nevada,
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Office of the Attorney General hereby request a 30-day extension of the Dispositive Motion
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deadline. This is Defendants second requested extension of the subject deadline.
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
PROCEDURAL HISTORY
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This is a pro se prisoner 42 U.S.C. § 1983 civil rights claim brought by offender Dave
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Clemens (Clemens). On July 8, 2024, this Court issued a scheduling order, setting the
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Case 3:23-cv-00035-MMD-CSD Document 83 Filed 10/22/24 Page 2 of 4
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dispositive motion deadline for September 11, 2024. ECF No. 69. On August 23, 2024, this
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Court granted Defendant’s first request for an extension of time for the dispositive motion
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deadline, allowing for the filing of dispositive motions on or before October 28, 2024. ECF
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No. 75.
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For the reasons fully articulated below, good cause exists to extend the Dispositive
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Motion deadlines in this matter an additional 30 days to Friday, November 28, 2024.
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II.
ARGUMENT
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Pursuant to Fed. R. Civ. P. 6(b), the “court may, for good cause, extend the time . . .
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with or without motion or notice . . . if a request is made, before the original time or its
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extension expires.” Defendants seek an extension of time to respond to file their dispositive
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motion. Good cause is present to extend the dispositive motion deadline until November
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27, 2024.
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At this time, Discovery has been completed. Discovery in this matter was
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comprehensive and included hundreds of pages of documents ranging from medical
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documents,
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documentation. Counsel for defendants is working to ensure that these various documents
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are distilled to ensure a clear and accurate record is established. Additionally, Deputy
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Attorney General (DAG) Victoria C. Corey has had an unexpected family emergency 1 that
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has required her attention and has resulted in the need for additional time to review the
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motion prior to filing.
various
Nevada
Department
of
Corrections’
policies,
and
related
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Accordingly, Defendants respectfully request that the extension be granted for good
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cause shown. See Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1260, (9th Cir. 2010)
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(holding that the “district court abused its discretion in denying party’s timely motion” to
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extend time because the party “demonstrated the ‘good cause’ required by Rule 6, and
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because there was no reason to believe that [the party] was acting in bad faith or was
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misrepresenting his reasons for asking for the extension”).
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If the Court requires specifics on the times of this emergency, Defendants can
provide it under seal.
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To date Clemens has not filed his own dispositive motion and there would be no
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prejudice to him in this Court granting this second requested extension.
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III.
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CONCLUSION
Based on the foregoing, and for good cause, Defendants request an extension of time
until November 28, 2024, for the dispositive motion deadline.
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DATED this 22nd day of October, 2024.
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AARON D. FORD
Attorney General
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By: /s/ Nathan M. Claus
VICTORIA C. COREY (Bar #16364)
Deputy Attorney General
NATHAN M. CLAUS (Bar #15889)
Deputy Attorney General
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Attorneys for Defendants
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IT IS SO ORDERED.
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DATED: October 23, 2024.
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______________________________________
Craig S. Denney
United States Magistrate Judge
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