Caballero v. Aranas

Opinion

1 AARON D. FORD Attorney General MEREDITH N. BERESFORD, Bar No. 13308 Deputy Attorney General State of Nevada Public Safety Division 100 .N. Carson Street Carson City, NV 89701-4717 Tel: (775) 684-1120 E-mail: mberesford@ag.nv.gov Attorneys for Defendant Melissa Mitchell EMMANUEL CABALLERO , Case No. 3:19-cv-00079-MMD-CLB 1] Plaintiff, v. MOTION TO EXTEND THE DEADLINE T' FILE AN OPPOSITION TO PLAINTIFEF’S ROMEO ARANAS. etal. MOTION FOR PRELIMINARY EO INJUNCTION Defendants. Defendant, Melissa Mitchell, by and through counsel, Aaron D. Ford, Attorney General of t State of Nevada, and Meredith N. Beresford, Deputy Attorney General, hereby move to extend t deadline to file an Opposition to the Plaintiff's Motion for Preliminary Injunction in this □□□□□□ seven (7) days. Emmanuel Caballero is a prisoner in the lawful custody of the Nevada Department Corrections (NDOC), and has submitted a Motion for Preliminary Injunction (Motion) (ECF 2! Defendant’s deadline to respond to the Motion is July 15, 2020. Federal Rule of Civil Procedure 6(b)(1) governs enlargements of time and provides as follows: 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 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 after the time has expired if the party failed to act because of excusable neglect. /// /// ///

1 The proper procedure, when additional time for any purpose is needed, is to present a request f extension of time before the time fixed has expired. Canup v. Miss. Val. Barge Line Co., 31 F.R.D. 2: (W.D. Pa. 1962). Extensions of time may always be asked for, and usually are granted on a showing good cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 F.R.D. 2: (N.D. Ohio 1947). Defendant has requested additional medical documentation to determine whether Plaintiff h sought medical and/or dental assistance for tooth #15 prior to the filing of this Motion for Prelimina Injunction. The Defendant last received updated medical documentation in December 2019. Howev the Plaintiff's request may concern medical documentation presented in the last seven montl Although the Plaintiff's Complaint does not address any conduct by NDOC in the last seven montl the documentation is relevant to the Plaintiff's request and Defendant would like to have the □□□□ || updated information to present to the Court. Plaintiff has provided no information to the Court in | Motion about whether he sent an appropriate kite or documented a “man-down” for tooth #15. (E¢ 29). Plaintiff has not established in his Motion that he is precluded from getting an appointment w: Dr. Benson. (ECF 29). Defendant would like to confirm with the medical records and dental recor that this information is correct prior to submission of any opposition to the Court. Additionally, t || documents Defendant is requesting will correspond to whether Plaintiff has a likelihood of success | the merits and whether he will suffer irreparable harm. Good cause exists to extend the time to file this motion. This request is made in good faith a not for the purpose of delay. Defendant respectfully submits that none of the parties will be prejudic || by a one-week or seven (7) day extension of time since the Court filed Plaintiffs Complaint | November 25, 2019 and the Plaintiff waited approximately eight months to file this Motion 1 Preliminary Injunction. /// /// /// /// ///

1 If granted, the new deadline to file Defendant’s Opposition to Motion for Preliminary Injuncti would be Wednesday, July 22, 2020. DATED this 14th day of July, 2020. Attorney General By: /s/ Meredith N. Beresford □□ MEREDITH N. BERESFORD, Bar No. 13308 Deputy Attorney General Attorneys for Defendant

IT IS SO ORDERED. V2 Dated: July 15, 2020. * UNITED STATES*MAGISTRATE JUDGE 2]

I certify that I am an employee of the Office of the Attorney General, State of Nevada, and th on this 14th day of July, 2020, I caused to be served, a true and correct copy of the foregoir MOTION TO EXTEND THE DEADLINE TO FILE AN OPPOSITION TO PLAINTIFF MOTION FOR PRELIMINARY INJUNCTION, by U.S. District Court CM/ECF Electronic Filt ] on: Emmanuel Caballero #1135573 c/o Law Librarian Northern Nevada Correctional Center ? Carson City, NV 89702 lawlibrarian@doc.nv.gov 1] /s/ Perla M. Hernandez An employee of the Office of the Attorney General 2]