Cavanagh v. Nevada State Militia

Filing 23

ORDER granting 21 MOTION to Extend Time (Second Request) re: 1 Complaint. Response/Answer due 1/28/2025. Signed by Magistrate Judge Craig S. Denney on 1/29/2025. (Copies have been distributed pursuant to the NEF - GA)

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1 SUE FAHAMI Acting United States Attorney 2 District of Nevada Nevada Bar No. 5634 3 CHRISTIAN R. RUIZ Assistant United States Attorney 4 501 Las Vegas Blvd. So., Suite 1100 Las Vegas, Nevada 89101 5 Phone: (702) 388-6336 Fax: (702) 388-6787 6 Christian.Ruiz@usdoj.gov 7 Attorneys for the Federal Defendant 8 9 10 11 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Felicia M. Cavanagh, Plaintiff, v. Nevada State Militia (Nevada National 13 Guard), 14 Case No. 3:24-cv-00196-ART-CSD ORDER GRANTING Motion for Retroactive Extension of Time to Respond to Plaintiff’s Complaint (Second Request) Defendant. 15 16 Pursuant to Fed. R. Civ. P. 6, LR IA 6-1, and LR IC 3-1, and for the reasons stated 17 in the attached Declaration of AUSA Christian R. Ruiz, Defendant requests a retroactive 18 extension of the due date to respond to Plaintiff’s Complaint (ECF No. 1), from January 19 27, 2025, to January 28, 2025. The requested extension is applicable to Defendant’s Motion 20 to Dismiss, filed at 5:54 a.m. on January 28, 2025. (ECF No. 20). This is the second 21 request to extend the deadline to respond to Complaint. 22 Undersigned counsel respectfully submits that this motion is supported by “good 23 cause,” “excusable neglect,” or the “inaccessibility of the clerk’s office,” within the 24 meaning of Rule 6 of the Federal Rules of Civil Procedure. A technical failure caused the 25 CM/ECF System for the United States District Court for the District Court of Nevada to 26 become inaccessible on January 27, 2025, and January 28, 2025. (Exhibit A, Declaration of 27 AUSA Christian R. Ruiz; Exhibit B, CM/ECF Error Messages with Timestamps.) 28 Undersigned counsel attempted to file Defendant’s Motion to Dismiss late on the evening 1 it was due, but the CM/ECF System experienced connectivity issues, which prevented 2 undersigned counsel from filing a timely response. 3 Undersigned counsel apprised Plaintiff of the technical failure (Exhibit C, 4 Correspondence), and undersigned counsel filed Defendant’s Motion to Dismiss as soon as 5 he learned that the CM/ECF System became accessible again. (Exhibit A, Declaration of 6 AUSA Christian R. Ruiz.) 7 This is the second request to extend the deadline to respond to the Complaint. This 8 request is sought in good faith and not for purposes of undue delay. In the interest of filing 9 this motion on the same day as Defendant’s Motion to Dismiss, undersigned counsel 10 attempted to but was unable to obtain a position on this motion from Plaintiff. (Exhibit A, 11 Declaration of AUSA Christian R. Ruiz.) 12 Respectfully submitted this 28th day of January 2025. 13 SUE FAHAMI Acting United States Attorney 14 15 /s/ Christian R. Ruiz CHRISTIAN R. RUIZ Assistant United States Attorney 16 17 18 IT IS SO ORDERED. 19 DATED: January 29, 2025. 20 21 22 _________________________________ Craig S. Denney United States Magistrate Judge 23 24 25 26 27 28 2

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