Bird v. Daniels

Opinion

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

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

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

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

Attorneys for Defendants IT 1S SO ORDERED. Dated: May 16, 2022 * UNITED STATES MAGISTRATE JUDGE

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