Filed: Mar. 26, 2019
Latest Update: Mar. 26, 2019
Summary: ORDER MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AND MOTION TO STAY DISCOVERY (FIRST REQUEST) CARLA BALDWIN CARRY , Magistrate Judge . COME NOW Defendants, CONNIE BISBEE, DARLA FOLEY, ED GRAY, SHAWN ARRUTI and JAMES WRIGHT (Parole Board and DPS Defendants), by and through their attorneys, AARON D. FORD, Attorney General, and KATHLEEN BRADY, Deputy Attorney General hereby submits this Motion for Extension of Time to File a Reply in Support of De
Summary: ORDER MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AND MOTION TO STAY DISCOVERY (FIRST REQUEST) CARLA BALDWIN CARRY , Magistrate Judge . COME NOW Defendants, CONNIE BISBEE, DARLA FOLEY, ED GRAY, SHAWN ARRUTI and JAMES WRIGHT (Parole Board and DPS Defendants), by and through their attorneys, AARON D. FORD, Attorney General, and KATHLEEN BRADY, Deputy Attorney General hereby submits this Motion for Extension of Time to File a Reply in Support of Def..
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ORDER
MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AND MOTION TO STAY DISCOVERY (FIRST REQUEST)
CARLA BALDWIN CARRY, Magistrate Judge.
COME NOW Defendants, CONNIE BISBEE, DARLA FOLEY, ED GRAY, SHAWN ARRUTI and JAMES WRIGHT (Parole Board and DPS Defendants), by and through their attorneys, AARON D. FORD, Attorney General, and KATHLEEN BRADY, Deputy Attorney General hereby submits this Motion for Extension of Time to File a Reply in Support of Defendants' Motion to Dismiss and Motion to Stay. This is Parole Board and DPS Defendants' first motion for an extension of time to file a Reply. This Motion is based on Federal Rule of Civil Procedure 6(b)(1)(A) and LR IA 6-1, the following Memorandum of Points and Authorities, and all papers and pleadings on file in this action.
MEMORANDUM OF POINTS AND AUTHORITIES
I. ARGUMENT
Parole Board and DPS Defendants respectfully request an extension of time to file a Reply in Support of the Motion to Dismiss and Motion to Stay Discovery, which are currently due March 26, 2019. Plaintiff filed his response on March 19, 2019, and counsel for Parole Board and DPS Defendants was out of town at a conference that entire week and has been unable to prepare a Reply in Support of the Motion to Dismiss and Motion to Stay Discovery. Moreover, counsel for Parole Board and DPS Defendants has four other pleadings due the week of March 26, 2019, including a motion for summary judgment.
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.
Parole Board and DPS Defendants' request is timely and its limited nature will not hinder or prejudice Plaintiff's case, but will allow for thorough briefing of each Motion. Parole Board and DPS Defendants assert that the requisite good cause is present to warrant the requested extension of time for the determination of which complaint is controlling in this case.
For these reasons, Parole Board and DPS Defendants respectfully request an extension of time to file a Response to Plaintiff's Second Amended Complaint, with a new deadline of 14 additional days, or April 9, 2019.
IT IS SO ORDERED.
