Clemens v. Nevada Department of Corrections ( 2024 )

Attorney General 2 VICTORIA C. COREY (Bar No. 16364) Deputy Attorney General 3 NATHAN M. CLAUS (Bar No. 15889) Deputy Attorney General 4 State of Nevada Office of the Attorney General 5 1 State of Nevada Way, Ste. 100 Las Vegas, Nevada 89119 6 (702) 486-9245 (phone) (702) 486-3773 (fax) 7 Email: vcorey@ag.nv.gov 8 Attorneys for Defendants Kara LeGrand, Tim Garrett, 9 Dana Marks, Brian Egerton, Rosselle Donnely, and Erin Parks 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 DAVE CLEMENS Case No. 3:23-cv-00035-MMD-CSD 14 Plaintiff, ORDER GRANTING 15 v. MOTION FOR 30-DAY EXTENSION TO FILE DISPOSITIVE MOTION 16 NEVADA DEPARTMENT OF CORRECTIONS, et al., 17 [Second Request] Defendants. 18 19 Defendants, Kara LeGrand, Tim Garrett, Dana Marks, Brian Egerton, Rosselle 20 Donnely, and Erin Parks, by and through counsel, Aaron D. Ford, Nevada Attorney 21 General, Victoria C. Corey, Deputy Attorney General, of the State of Nevada, Office of the 22 Attorney General, and Nathan M. Claus, Deputy Attorney General, of the State of Nevada, 23 Office of the Attorney General hereby request a 30-day extension of the Dispositive Motion 24 deadline. This is Defendants second requested extension of the subject deadline. 25 MEMORANDUM OF POINTS AND AUTHORITIES 26 I. PROCEDURAL HISTORY 27 This is a pro se prisoner 42 U.S.C. § 1983 civil rights claim brought by offender Dave 28 Clemens (Clemens). On July 8, 2024, this Court issued a scheduling order, setting the 2 Court granted Defendant’s first request for an extension of time for the dispositive motion 3 deadline, allowing for the filing of dispositive motions on or before October 28, 2024. ECF 4 No. 75. 5 For the reasons fully articulated below, good cause exists to extend the Dispositive 6 Motion deadlines in this matter an additional 30 days to Friday, November 28, 2024. 7 II. ARGUMENT 8 Pursuant to Fed. R. Civ. P. 6(b), the “court may, for good cause, extend the time . . . 9 with or without motion or notice . . . if a request is made, before the original time or its 10 extension expires.” Defendants seek an extension of time to respond to file their dispositive 11 motion. Good cause is present to extend the dispositive motion deadline until November 12 27, 2024. 13 At this time, Discovery has been completed. Discovery in this matter was 14 comprehensive and included hundreds of pages of documents ranging from medical 15 documents, various Nevada Department of Corrections’ policies, and related 16 documentation. Counsel for defendants is working to ensure that these various documents 17 are distilled to ensure a clear and accurate record is established. Additionally, Deputy 18 Attorney General (DAG) Victoria C. Corey has had an unexpected family emergency1 that 19 has required her attention and has resulted in the need for additional time to review the 20 motion prior to filing. 21 Accordingly, Defendants respectfully request that the extension be granted for good 22 cause shown. See Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1260, (9th Cir. 2010) 23 (holding that the “district court abused its discretion in denying party’s timely motion” to 24 extend time because the party “demonstrated the ‘good cause’ required by Rule 6, and 25 because there was no reason to believe that [the party] was acting in bad faith or was 26 misrepresenting his reasons for asking for the extension”). 27 1 If the Court requires specifics on the times of this emergency, Defendants can 28 provide it under seal. 1 To date Clemens has not filed his own dispositive motion and there would be no 2 || prejudice to him in this Court granting this second requested extension. 3 CONCLUSION 4 Based on the foregoing, and for good cause, Defendants request an extension of time 5 || until November 28, 2024, for the dispositive motion deadline. 6 7 DATED this 22nd day of October, 2024. 8 AARON D. FORD 9 Attorney General 10 By: /s/ Nathan M. Claus i VICTORIA C. COREY (Bar #16364) Deputy Attorney General 12 NATHAN M. CLAUS (Bar #15889) Deputy Attorney General 13 Attorneys for Defendants 14 15 || IS SO ORDERED. 16 |} DATED: October 23, 2024. CS By 18 Craig S. Denney 19 United States Magistrate Judge 20 21 22 23 24 25 26 27 28