McGuire v. Nevada Department of Corrections ( 2024 )

Attorney General 2 VICTORIA C. COREY (Bar No. 16364) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 1 State of Nevada Way, Ste. 100 Las Vegas, Nevada, 89119 5 (702) 486-9245 (phone) (702) 486-3768 (fax) 6 Email: vcorey@ag.nv.gov 7 Attorneys for Defendants, Wiiliam Gittere and Calvin Johnson 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ROBERT MCGUIRE, Case No. 3:23-cv-00165-ART-CLB 12 Plaintiff, ORDER GRANTING DEFENDANTS’ 13 v. MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S 14 NEVADA DEPARTMENT OF MOTION FOR SUMMARY CORRECTIONS, et al., JUDGMENT 15 [FIRST REQUEST] Defendant. 16 17 Defendants, William Gittere and Calvin Johnson, by and through counsel, Aaron D. 18 Ford, Nevada Attorney General, and Victoria C. Corey, Deputy Attorney General, hereby 19 move this Court for an extension of time to respond to Plaintiff’s motion for summary 20 judgment and related filings [ECF Nos. 31-34]. This is Defendants’ first request for an 21 extension of the subject deadline. 22 MEMORANDUM OF POINTS AND AUTHORITIES 23 I. FACTUAL ANALYSIS 24 This is a pro se prisoner 42 U.S.C. § 1983 civil rights claim brought by offender, 25 Robert McGuire (McGuire). This Court entered a scheduling order with a discovery 26 /// 27 /// 28 /// 2 ECF No. 20. 3 McGuire filed his original motion for summary judgment on March 19, 2024, just 4 fifteen days after the opening of discovery. ECF No. 24. This motion was denied as 5 premature the same day. ECF No. 25. 6 On August 7, 2024, McGuire re-filed his motion for summary judgment, along with 7 three (3) supplements. ECF Nos. 31-34. As such, Defendants’ response to McGuire’s 8 motions are due on August 28, 2024. Discovery does not officially close until August 31, 9 2024. ECF No. 20 at 6:22-23. Defendants request an extension to respond to McGuire’s 10 motions from August 28, 2024, to September 13, 2024, and contend that good cause exists 11 for such an extension. 12 II. ARGUMENT 13 To demonstrate good cause, the parties must show “that, even in the exercise of due 14 diligence, [the parties were] unable to meet the timetable set forth in the order.” Cruz v. 15 City of Anaheim, CV1003997MMMJEMX, 2011 WL 13214312, at *2 (C.D. Cal. Dec. 19, 16 2011) (citing Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 17 2002); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)). Prejudice 18 to the opposing party is a factor in determining good cause, though lack of prejudice is “not 19 a prerequisite.” Id. 20 Defendants request additional time to file their response to McGuire’s motions. As 21 discovery in this matter does not end until after Defendants’ deadline to file a response to 22 McGuire’s motions, Defendants assert that it would be judicially efficient to respond to 23 McGuire’s motions after the discovery deadline has passed. Furthermore, undersigned 24 counsel will be out of office from August 28, 2024 to September 11, 2024 and will be 25 undergoing surgery during this time. 26 /// 27 1 As this is a Saturday, Defendants contend that the discovery deadline is actually 28 September 3, 2024, as September 2, 2024 is a holiday. 1 CONCLUSION 2 Defendants respectfully request this Court extend the deadline for their response 3 McGuire’s motions. Defendants assert the requisite good cause is present to warrant an 4 extension of time. As such, the Defendants request additional time, up until September 5 || 30, 2024, to file their response to McGuire’s motions. 6 DATED this 26th day of August 2024. 7 AARON D. FORD Attorney General By: /s/ Victoria C. Corey 9 VICTORIA C. COREY, Bar No. 16364 Deputy Attorney General 10 Attorneys for Defendants 11 12 ORDER 13 || IT Is SO ORDERED. Dated: August 26, 2024 ‘ 15 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28