Ruiz v. Nevada Department of Corrections ( 2021 )

Attorney General 2 DOUGLAS R. RANDS, Bar No. 3572 Senior Deputy Attorney General 3 State of Nevada 100 N. Carson Street 4 Carson City, NV 89701-4717 Tel: (775) 684-1150 5 E-mail: drands@ag.nv.gov 6 Attorneys for Defendants, Barbara Cegavske, Aaron Ford, 7 Maribelle Henry, Steve Sisolak, Colette Stammerjohn, Harold Wickham, 8 James Dzurenda, Renee Baker and Tara Carpenter 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 CARLOS RUIZ, Case No. 3:18-cv-00206-RCJ-WGC 13 Plaintiff, ORDER GRANTING 14 vs. DEFENDANT’ S MOTION FOR AN EXTENSION OF TIME TO 15 ROMEO ARANAS, et al., FILE DISPOSITIVE MOTIONS (FIRST REQUEST) 16 Defendants. 17 Defendants, Barbara Cegavske, Aaron Ford, Maribelle Henry, Steve Sisolak, Colette 18 Stammerjohn, Harold Wickham, James Dzurenda, Renee Baker and Tara Carpenter, by and through 19 counsel, Aaron D. Ford, Nevada Attorney General, and Douglas R. Rands, Senior Deputy Attorney 20 General, hereby request an extension of time to file their Motion for Summary Judgment which was to be 21 filed on September 27, 2021 (ECF No. 54). This motion is based on the following Memorandum of 22 Points and Authorities, and all papers and pleadings on file in this case. 23 MEMORANDUM OF POINTS AND AUTHORITIES 24 I. INTRODUCTION AND PROCEDURAL HISTORY 25 This is a pro se prisoner civil rights action brought by inmate Plaintiff Carlos Ruiz, concerning 26 events that allegedly took place at the Lovelock Correctional Center (LCC), asserting claims arising under 27 42 U.S.C. § 1983. 28 / / / 2 religion. (ECF No. 6 at 7). The FAC alleges that he practices “Messianic Judiasm.” [sic]. (ECF No. 6 at 3 8). Plaintiff alleges that effective February 1, 2018, changes would come pursuant to administrative 4 regulation (“AR”) 810. Id at 10. A memo sent to the inmates stated that all Holy days would be scheduled 5 in conjunction with regularly schedule service time slots and that the culinary would only provide any 6 religion with what was required by AR 810 and nothing more. Id. AR 810 states that no facility is 7 required to hold the religious celebration on the actual date and may allow the holy date to be celebrated on 8 an alternate date during normally schedule weekly worship. Id. at 11. AR 810 permits Messianics to use 9 matzah and grape juice for their services but the NDOC religious practice manual does not require the 10 NDOC to provide indigent inmates with matzoh and grape juice free of charge but makes it available for 11 purchase. Id. at 13-14. 12 On June 7, 2021, this Court entered an Order setting forth that dispositive motions were to be filed 13 by September 27, 2021 (ECF No. 54). Counsel for the Defense, however, has been preparing for a jury 14 trial before this Honorable Court in the case of Pamplin v Aranas, Case No. 3:16-cv-00186-MMD-CLB 15 which may be continued. Additionally, counsel is scheduled to defend up to 5 depositions in a wrongful 16 death matter, to begin on September 27, 2021, should the Pamplin matter be continued. (Burton v 17 Fonseca, Case No. 3:20-cv-00190-MMD-CLB). This will require preparation and attendance at the 18 depositions. Finally, Counsel has been requested to help prepare for an evidentiary hearing in a death 19 penalty matter. Counsel respectfully requests an additional thirty (30) days to file the Motion for Summary 20 Judgment in this matter. This will allow Counsel to finish and file the Motion after these matters have 21 concluded. 22 Courts have inherent powers to control their dockets, see Ready Transp., Inc. v. AAR Mfg, Inc., 23 627 F.3d 402, 404 (citations omitted), and to “achieve the orderly and expeditious disposition of cases.” 24 Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991) “Such power is indispensable to the court’s ability to 25 enforce its orders, manage its docket, and regulate insubordinate [] conduct. Id. (citing Mazzeo v. 26 Gibbons, No. 2:08–cv01387–RLH–PAL, 2010 WL 3910072, at *2 (D.Nev.2010)). 27 LR IA 6-1 discusses requests for continuances. The rule states: 28 / / / rtheqe uceosuterdt garnadn tmedu. s(tE ixnafomrmpl etsh: e“ Tcohuisr t iso ft haell fpirrsetv siotiupsu leaxtitoenn sfioorn se xotfe nthsieo nsu obfj etcimt dee taod lfiinlee 2 motions.” “This is the third motion to extend time to take discovery.”) 3 This is the first request and is requested for good cause. Counsel requires additional time in 4 order to obtain declarations to finish and file the Motion for Summary Judgment. With the matters 5 discussed above concluding, an additional thirty (30) days will allow the Defendants to properly 6 support this motion. Defendants have no objection to an additional time for Plaintiff to respond to the 7 motion. 8 Therefore, it is requested that the Defendants have an additional 30 days to file their Motion for 9 Summary Judgment, which would then be due on October 27, 2021. 10 DATED this 17th day of September, 2021. 11 AARON D. FORD Attorney General 12 13 By: /s/ Douglas R. Rands DOUGLAS R. RANDS 14 Senior Deputy Attorney General State of Nevada 15 Public Safety Division 16 Attorneys for Defendants 17 There shall be no further extensions granted barring unforeseen and extenuating circumstances. 18 IT IS SO ORDERED. 19 DATED: September 20, 2021. 20 21 _____________________________________ 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28