Filed: Apr. 23, 2018
Latest Update: Apr. 23, 2018
Summary: MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S FIRST AMENDED COMPLAINT (FIRST REQUEST) VALERIE P. COOKE , 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, ADAM PAUL LAXALT, Attorney General, and KATHLEEN BRADY, Deputy Attorney General hereby submits this Motion for Extension of Time to File a Response to Plaintiff's First Amended Complaint. This is Par
Summary: MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S FIRST AMENDED COMPLAINT (FIRST REQUEST) VALERIE P. COOKE , 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, ADAM PAUL LAXALT, Attorney General, and KATHLEEN BRADY, Deputy Attorney General hereby submits this Motion for Extension of Time to File a Response to Plaintiff's First Amended Complaint. This is Paro..
More
MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S FIRST AMENDED COMPLAINT (FIRST REQUEST)
VALERIE P. COOKE, 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, ADAM PAUL LAXALT, Attorney General, and KATHLEEN BRADY, Deputy Attorney General hereby submits this Motion for Extension of Time to File a Response to Plaintiff's First Amended Complaint. This is Parole Board and DPS Defendants' first motion for an extension of time to file a response. 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 Response to Plaintiff's First Amended Complaint (ECF No. 3), which is currently due April 23, 2018. Plaintiff has subsequently filed a Second Amended Complaint for which Oppositions are due on or before April 20, 2018. (ECF No. 28). As of the time of the due date for the filing of the Answer, this Court will not have yet determined which Complaint is operative in this case. Accordingly, Parole Board and DPS Defendants respectfully seek an extension for the filing of their Response while this determination is being resolved.
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 in response to the operative Complaint in this case. The First Amended Complaint and the Second Amended Complaint vary in content and argument and, consequently, any response by Parole Board and DPS Defendants to the First Amended Complaint would not be duplicative of the response to the Second Amended Complaint. 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 First Amended Complaint, with a new deadline set 30 days after this Court's determination of which Complaint is controlling.
IT IS SO ORDERED.
