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Nasby v. Nevada ex rel. NDOC, 3:17-cv-00447-MMD-CBC. (2019)

Court: District Court, D. Nevada Number: infdco20190419c73 Visitors: 8
Filed: Apr. 15, 2019
Latest Update: Apr. 15, 2019
Summary: ORDER MOTION FOR EXTENSION OF TIME TO SERVE DISCOVERY RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS SET ONE (FIRST REQUEST) CARLA BALDWIN CARRY , Magistrate Judge . Defendant, James Cox, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Darby G. Phelps, Deputy Attorney General, submits his Motion for Extension of Time to Serve Discovery Responses to Interrogatories and Request for Production of Documents Set One. This Motion is base
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ORDER

MOTION FOR EXTENSION OF TIME TO SERVE DISCOVERY RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS SET ONE

(FIRST REQUEST)

Defendant, James Cox, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Darby G. Phelps, Deputy Attorney General, submits his Motion for Extension of Time to Serve Discovery Responses to Interrogatories and Request for Production of Documents Set One. 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

Defendant respectfully request a thirty (30) day extension of time out from the current deadline (April 15, 2019) to serve the first discovery responses in this case. On information and belief, Defendant recently underwent a medical procedure inhibiting his ability to respond to Plaintiff's discovery requests.

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.

Defendant's request is timely and its limited nature will not hinder or prejudice Plaintiff's case, but will allow for more thorough responses to Plaintiff's discovery requests. The requested thirty (30) day extension of time should permit Defendant time to adequately research and respond to Plaintiff's discovery requests. Defendants assert that the requisite good cause is present to warrant the requested extension of time. Additionally, the same discovery requests were served upon the other Defendants, who timely submitted responses.

For these reasons, Defendant respectfully requests a thirty (30) day extension of time from the current deadline to serve discovery responses, with a new deadline to and including Wednesday, May 15, 2019.

IT IS SO ORDERED.

Source:  Leagle

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