Bird v. Daniels

Opinion

1 |} AARON D. FORD Attorney General 2 || CHRIS DAVIS (Bar No. 6616) Deputy Attorney General 3 || State of Nevada Office of the Attorney General 4 ||555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 5 486-9252 (phone) (702) 486-3773 (fax) 6 || Email: cwdavis@ag.nv.gov 7 || Attorneys for Defendants Alfonso Alvarez, Jason Arrey, Robert Ashcraft, Stacy Barrett, Jay Barth, Jeremy Bean, 8 || Jessie Brightwell, Willie Clayton, Jacob Corey, Charles Daniels, Christopher Flynn, Benedicto Gutierrez, Monique Hubbard-Pickett, Calvin Johnson, Gregory Martin, Michael 9 || Minev, Teddy Miro, Ty Nakatani, Dean Ontiveros, Ariel Ortiz, Gary Piccinini, Steve Prentice, Konelio Salavea, Gustavo Sanchez, and Harold Wickham 10 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 || KEITH PAUL BIRD, Case No. 2:21-cv-00108-ART-DJA 15 Plaintiff, 16 |] v. MOTION TO EXTEND TIME TO FILE MEDIATION BRIEF 17 || CHARLES DANIELS, et ail., (First Request) 18 Defendants. 19 20 Defendants, Alfonso Alvarez, Jason Arrey, Robert Ashcraft, Stacy Barrett, Jay 21 Barth, Jeremy Bean, Jessie Brightwell, Willie Clayton, Jacob Corey, Charles Daniels, 22 ||Christopher Flynn, Benedicto Gutierrez, Monique Hubbard-Pickett, Calvin Johnson, 23 ||Gregory Martin, Michael Minev, Teddy Miro, Ty Nakatani, Dean Ontiveros, Ariel Ortiz, 24 ||Gary Piccinini, Steve Prentice, Konelio Salavea, Gustavo Sanchez, and Harold Wickham, 25 ||hereby move, pursuant to Fed. R. Civ. P. 6(b) and Local Rules JA 6-1 to extend the 96 97 Will 98 WWII

1 || deadline to file their mediation brief established by Court Order (ECF No. 28) by seven 2 ||(7) days from Friday, May 13, 2022, to Friday, May 20, 2022. 3 DATED this 13th day of May, 2022. 4 AARON D. FORD x Attorney General By: /s/ Chris Davis 6 CHRIS DAVIS (Bar No. 6616) 7 Deputy Attorney General

3 Attorneys for Defendants 9 POINTS AND AUTHORITY 10 Pursuant to Fed. R. Civ. P. 6(b), the “court may, for good cause, extend the time... 11 || with or without motion or notice .. . if a request is made, before the original time or its 12 || extension expires.” Defendants seek a seven (7) day extension to the deadline to file their 13 |! mediation brief established by Court Order (ECF No. 23). Good cause is present to grant 14 |lan extension because this case involves three (3) claims with thirty-two individual 15 || defendants. While counsel for Defendants has diligently attempted to timely complete 16 || with the deadline, counsel has not yet secured all of the documents necessary to draft the 17 || mediation brief. Plaintiff will not be prejudiced because the contents of the brief is 18 || confidential. As the medication is scheduled on May 27, 2022, the mediator will still have 19 llone week to review the ten (10) page brief prior to the mediation. Accordingly, 20 Defendants respectfully request that the extension be granted for good cause. See 21 || Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1260, (9th Cir. 2010) (holding that the 22 ||“district court abused its discretion in denying party’s timely motion” to extend time 23 because the party “demonstrated the ‘good cause’ required by Rule 6, and because there 24 || was no reason to believe that [the party] was acting in bad faith or was misrepresenting 25 || his reasons for asking for the extension’). 26 |) // 27 28 |) //

1 CONCLUSION 2 For the forgoing reasons, and for GOOD cause appearing, the Defendants 3 ||respectfully request to extend the deadline to file their mediation brief established by 4 |}Court Order (ECF No. 23) by seven (7) days from Friday, May 138, 2022, to Friday, 5 20, 2022. 6 DATED this 13th day of May, 2022. 7 AARON D. FORD 3 Attorney General By: /s/ Chris Davis 9 CHRIS DAVIS (Bar No. 6616) 10 Deputy Attorney General

Attorneys for Defendants 12 13 IT 1S SO ORDERED. 14 Dated: May 16, 2022 15 * 16 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28

1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the State of Nevada, Office of the Attorney 3 ||General, and that on May 13, 2022, I electronically filed the foregoing MOTION TO 4 |}/EXTEND TIME TO FILE MEDIATION BRIEF (First Request) via this Court’s 5 |/electronic filing system. Parties who are registered with this Court’s electronic filing 6 || system will be served electronically. 7 Keith Bird, #84555 Lovelock Correctional Center 8 1200 Prison Road Lovelock, Nevada 89419 9 Email: leclawlibrary@doc.nv.gov Plaintiff, Pro Se 10 11 /s/ Carol A. Knight 12 CAROL A. KNIGHT, an employee of the 13 Office of the Nevada Attorney General

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28