MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT AND ORDER THEREON

GLORIA M. NAVARRO, Chief District Judge.

Defendants James G. Cox, Brian Connett, Sheryl Foster, Brian E. Williams, Sr., Cheryl Burson, Tanya Hill, and Johnny Youngblood, by and through counsel, ADAM PAUL LAXALT, Nevada Attorney General, and ERIC N. TRAN, Deputy Attorney General, of the State of Nevada, Office of the Attorney General, hereby submit this Motion for Extension of Time to File Motion for Summary Judgment [Third Request].

MEMORANDUM OF POINTS AND AUTHORITIES

LEGAL ARGUMENT

Plaintiff Steven D. Richard is a former inmate of the Nevada Department of Corrections ("NDOC"). Plaintiff filed his Civil Rights Complaint asserting that several employees of the NDOC violated his constitutional rights while he was incarcerated at Southern Desert Correctional Center ("SDCC"). Dkt. # 11. Plaintiff's Complaint alleges that employees at SDCC violated his First and Fourteenth Amendment rights by denying him a meatless diet to accommodate his religious belief. Id. Plaintiff also alleges that employees at SDCC violated his First Amendment Rights by denying him the ability to wear his Rastafarian religious headwear. Id.

On January 30, 2015, this Court issued a Scheduling Order stating that Motions for Summary Judgment shall be filed and served by May 30, 2015. Dkt. # 30. On July 14, 2015, Defendants filed a Motion for Extension of Time to File a Motion for Summary Judgment (Second Request) seeking up to and until August 13, 2015, to file a Motion for Summary Judgment. See Dkt. # 32.

Defendants' counsel has been working diligently to complete a motion for summary judgment by the August 13, 2015, deadline. However, two Senior Deputy Attorney Generals recently transferred to different divisions within the Office of the Attorney General. As a result of these recent departures, Defendants' counsel was assigned to take over a significant number of the Senior Deputy Attorney Generals' active cases.

In addition, on July 30, 2015, Defendants' counsel was involved in a motor vehicle accident. See Exhibit A. Defendants' counsel injured his back as a result of the motor vehicle accident. Defendants' counsel was also treated for two days in the hospital.1 These events have significantly impacted Defendants' counsel's ability to file a motion for summary judgment by the August 13, 2015, deadline. As such, Defendants request an additional 30 days up to and until September 14, 2015, to file a motion for summary judgment.

FRCP 6 (b)(1) states that "[w]hen an act may or must be done within a specified time, the court may, for good cause, extend the time . . . if a request is made, before the original time or its extension expires."

Based on the foregoing, Defendants request an additional 30-day extension of time from the present deadline up to September 14, 2015, to file a motion for summary judgment. Absent any extreme and unforeseen circumstances, Defendants' counsel will not seek any further extensions.

IT IS SO ORDERED.

EXHIBIT A