ORDER

DEFENDANT'S MOTION FOR AN ENLARGEMENT OF THE 90-DAY STAY

CARLA BALDWIN CARRY, Magistrate Judge.

Defendant William Miller, by and through counsel, Aaron Ford, Attorney General of the State of Nevada, and Dennis W. Hough, Deputy Attorney General, hereby moves this Honorable Court for an enlargement of the stay in this matter until August 14, 2019. This motion is based on Fed. R. Civ. P. 6(b)(1), the following memorandum of points and authorities, and all papers and pleadings on file herein.

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

This case is an inmate civil rights action pursuant to 42 U.S.C. § 1983. ECF No. 9 at 1. Plaintiff, John Michaud (Plaintiff), is an inmate currently on parole. Id. The events at issue in Plaintiff's complaint took place at Northern Nevada Correctional Center. Id. The Court recently set the Early Mediation Conference for August 7, 2019 at 9:00 in Courtroom Number One in the United States Courthouse, Reno, Nevada. ECF No. 12 at 1.

II. DISCUSSION

A. Fed. R. Civ. P. 6(b)(1) allows this Court to extend deadlines.

District courts have inherent power to control their dockets. Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). Fed. R. Civ. P. 6(b)(1) governs enlargements of time and provides as follows:

"The proper procedure, when additional time for any purpose is needed, is to present to the Court a timely request for an extension before the time fixed has expired (i.e., a request presented before the time then fixed for the purpose in question has expired)." Canup v. Miss. Valley Barge Line Co., 31 F.R.D. 282, 283 (D.Pa. 1962). The Canup Court explained that "the practicalities of life" (such as an attorney's "conflicting professional engagements" or personal commitments such as vacations, family activities, illnesses, or death) often necessitate an enlargement of time to comply with a court deadline. Id. Extensions of time "usually are granted upon a showing of good cause, if timely made." Creedon v. Taubman, 8 F.R.D. 268, 269 (D.Ohio 1947). The good cause standard considers a party's diligence in seeking the continuance or extension. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

B. Good cause exists to enlarge the stay and allow the parties to continue settlement negotiations.

In the present case, the 90-Day stay expires before the date currently set for an Early Mediation Conference. It is appropriate that the Court's timelines conform to the calendar realities.

III. CONCLUSION

Defendant respectfully requests that the Court enlarge the time for stay until one week past the currently set Early Mediation Conference. As such, the 90-Day Stay should be enlarged until August 14, 2019.

DATED this 8th day of July 2019.

AARON FORD Attorney General By: DENNIS W. HOUGH, Bar No. 11995 Deputy Attorney General Attorneys for Defendant

IT IS SO ORDERED.