Aubert v. Dzurenda

Opinion

Attorney General 2 CHARLES D HOPPER (Bar No. 6346) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 555 East Washington Ave., Ste. 3900 Las Vegas, NV 89101 5 (702) 486-3655 (phone) (702) 486-3773 (fax) 6 Email: cdhopper@ag.nv.gov Attorneys for Defendants 7 James Cox, James Dzurenda, Dwight Neven, and Brian Williams 8

12 UNITED STATES DISTRICT COURT

13 DISTRICT OF NEVADA

14 THAD AUBERT, Case No. 2:18-cv-01329-GMN-EJY

15 Plaintiff, MOTION FOR ENLARGEMENT 16 vs. OF TIME

17 JAMES DZURENDA, et al.,

18 Defendants. 19 Defendants, Director James Dzurenda (Director Dzurenda), Warden Brian Williams 20 (Warden Williams), Warden Dwight Neven (Warden Neven) and James Cox (Cox), by and 21 through Aaron D. Ford, Attorney General for the State of Nevada, and Charles D Hopper, 22 Deputy Attorney General, hereby file their Motion for Enlargement of Time. 23 MEMORANDUM OF POINTS AND AUTHORITIES 24 I. BACKGROUND 25 Plaintiff, Thad Aubert (Aubert) is an inmate incarcerated in the Nevada Department 26 of Corrections (NDOC) and is currently housed at High Desert State Prison (HDSP). 27 On July 19, 2018, Aubert filed a Civil Rights Complaint Pursuant to 42 U.S.C. § 1983 28 (Complaint). (ECF No. 7). 2 No. 6). Pursuant to this Court’s Screening Order, Aubert was allowed to proceed with one 3 count: Count II, alleging Eighth Amendment deliberate indifference to serious medical 4 needs. (ECF No. 6 at 14). 5 Pursuant to the Court’s December 12, 2019 Order (ECF No. 62), parties have until 6 July 17, 2020 to file any motions for summary judgment. Defendants respectfully requests 7 that this Court grant an extension of sixty (60) days to file a motion for summary judgment, 8 as Charles D Hopper, Deputy Attorney General who is responsible for this matter, has been 9 on a medical leave. 10 II. APPLICABLE LAW 11 Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as 12 follows:

13 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 14 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 15 after the time has expired if the party failed to act because of excusable neglect. 16 17 Any request to change deadlines established in the scheduling order must be 18 supported by a showing of good cause pursuant to Fed. R. Civ. P. 16(b)(4), which turns 19 primarily on a showing that the deadlines currently in place could not reasonably be met 20 despite the diligence of the movant. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 21 609 (9th Cir. 1992). 22 III. ARGUMENT 23 There is good cause to extend deadline to file motions for summary judgment. 24 Defendants fully intend on filing a motion for summary judgment. However, Charles D 25 Hopper, Deputy Attorney General who is responsible for this matter, was on a medical 26 leave due to an illness. Because Mr. Hopper is the person most knowledgeable of this case, 27 he is the person most suitable to prepare a motion for summary judgment. The deadlines 28 currently in place cannot reasonably be met due to his illness. Accordingly, Defendants 2 for summary judgment. 3 IV. CONCLUSION 4 For the foregoing reasons, Defendants respectfully request that this Court grant an 5 extension of sixty (60) days to file a motion for summary judgment. 6 DATED this 17th day of July, 2020. 7 AARON D. FORD Attorney General 8 9 By: /s/ Charles D Hopper CHARLES D HOPPER (Bar No. 6346) 10 555 E. Washington Avenue, Ste. 3900 Las Vegas, NV 89101 11 Attorneys for NDOC Defendants 12 13 ORDER 14 IT IS HEREBY ORDERED that the above Motion to Enlarge Time to File 15 Motion for Summary Judgment, (ECF No. 91), is GRANTED. Defendants shall have 16 until September 15, 2020, to move for summary judgment. 17 DATED this _2_1__ day of July, 2020. 18 19 ____________________________________ Gloria M. Navarro, District Judge 20 United States District Court 21 22 23 24 25 26 27 28 2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, 3 and that on July 17, 2020, I electronically filed the foregoing, MOTION FOR 4 ENLARGEMENT OF TIME, via this Court’s electronic filing system. Parties who are 5 registered with this Court’s electronic filing system will be served electronically. For those 6 parties not registered, service was made by depositing a copy for mailing in the United 7 States Mail, first-class postage prepaid, at Las Vegas, Nevada, addressed to the following:

8 Thad Aubert #70566 Lovelock Correctional Center 9 1200 Prison Rd. Lovelock, NV 89419 10 Plaintiff, Pro Se

11 /s/Yolonda Laster An employee of the Office of the 12 Nevada Attorney General 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28