Filed: Jul. 29, 2019
Latest Update: Jul. 29, 2019
Summary: MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS (First Request) CARLA BALDWIN CARRY , Magistrate Judge . Defendants, Dr. David Mar and Dr. Romeo Aranas, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Ian E. Carr, Deputy Attorney General, hereby submit their Motion for Extension of Time to File Dispositive Motions (First Request). This Motion is based on Federal Rule of Civil Procedure 6(b)(1)(A), the following Memorandum of Points and Authoriti
Summary: MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS (First Request) CARLA BALDWIN CARRY , Magistrate Judge . Defendants, Dr. David Mar and Dr. Romeo Aranas, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Ian E. Carr, Deputy Attorney General, hereby submit their Motion for Extension of Time to File Dispositive Motions (First Request). This Motion is based on Federal Rule of Civil Procedure 6(b)(1)(A), the following Memorandum of Points and Authoritie..
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MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTIONS
(First Request)
CARLA BALDWIN CARRY, Magistrate Judge.
Defendants, Dr. David Mar and Dr. Romeo Aranas, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Ian E. Carr, Deputy Attorney General, hereby submit their Motion for Extension of Time to File Dispositive Motions (First Request). This Motion is based on Federal Rule of Civil Procedure 6(b)(1)(A), the following Memorandum of Points and Authorities, and all papers and pleadings on file in this action.
MEMORANDUM OF POINTS AND AUTHORITIES
I. ARGUMENT
Defendants respectfully request a sixty (60) day extension of time out from the current deadline (August 2, 2019) to file dispositive motions in this case. Defense counsel is in the process of winding down or transferring most assigned cases, and his last official day representing the Nevada Department of Corrections (NDOC) in full capacity is July / 31, 2019. Defense counsel requests this extension to ensure that his successor will have enough time to familiarize himself or herself with the case.
Furthermore, defense counsel submits that this Division has experienced a wave of recent retirements and departures. Although the Division is depleted, new Deputy Attorneys General (DAGs) should be arriving in early August to help restore normal functionality. Defense counsel respectfully requests this extension to accommodate the new arrivals and the Division during this transition period.
Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as follows:
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.
Defendants' request is timely and will not hinder or prejudice Plaintiff's case, but will allow for a thorough briefing to narrow or eliminate issues in this case. The requested sixty (60) day extension of time should permit the parties time to adequately research draft, and submit dispositive motions in this case. Defendants assert that the requisite good cause is present to warrant the requested extension of time.
For these reasons, Defendants respectfully request a sixty (60) day extension of time from the current deadline to file dispositive motions in this case, with a new deadline to and including Friday, October 2, 2019.
DATED this 26th day of July, 2019.
AARON D. FORD
Attorney General
By:
IAN E. CARR, Bar No. 13840
Deputy Attorney General
Attorneys for Defendants
IT IS SO ORDERED.
