Caballero v. Aranas

Opinion

1 || AARON D. FORD Attorney General 2 || MEREDITH N. BERESFORD, Bar No. 13308 Deputy Attorney General 3 || State of Nevada Public Safety Division 4 || 100 .N. Carson Street Carson City, NV 89701-4717 5 || Tel: (775) 684-1120 E-mail: mberesford@ag.nv.gov 6 Attorneys for Defendant 7 Melissa Mitchell 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA EMMANUEL CABALLERO 10 , Case No. 3:19-cv-00079-MMD-CLB 1] Plaintiff, 12 || v. MOTION TO EXTEND THE DEADLINE T' FILE AN OPPOSITION TO PLAINTIFEF’S ROMEO ARANAS. etal. MOTION FOR PRELIMINARY 8 EO INJUNCTION 14 Defendants. 15 Defendant, Melissa Mitchell, by and through counsel, Aaron D. Ford, Attorney General of t 16 || State of Nevada, and Meredith N. Beresford, Deputy Attorney General, hereby move to extend t 17 || deadline to file an Opposition to the Plaintiff's Motion for Preliminary Injunction in this □□□□□□ 18 || seven (7) days. 19 Emmanuel Caballero is a prisoner in the lawful custody of the Nevada Department 20 || Corrections (NDOC), and has submitted a Motion for Preliminary Injunction (Motion) (ECF 2! 21 || Defendant’s deadline to respond to the Motion is July 15, 2020. 22 Federal Rule of Civil Procedure 6(b)(1) governs enlargements of time and provides as follows: 23 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 24 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 25 expired if the party failed to act because of excusable neglect. 26 /// 27 /// 28 ///

1 || The proper procedure, when additional time for any purpose is needed, is to present a request f 2 || extension of time before the time fixed has expired. Canup v. Miss. Val. Barge Line Co., 31 F.R.D. 2: 3 || (W.D. Pa. 1962). Extensions of time may always be asked for, and usually are granted on a showing 4 || good cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 F.R.D. 2: 5 || (N.D. Ohio 1947). 6 Defendant has requested additional medical documentation to determine whether Plaintiff h 7 || sought medical and/or dental assistance for tooth #15 prior to the filing of this Motion for Prelimina 8 || Injunction. The Defendant last received updated medical documentation in December 2019. Howev 9 || the Plaintiff's request may concern medical documentation presented in the last seven montl 10 || Although the Plaintiff's Complaint does not address any conduct by NDOC in the last seven montl 11 || the documentation is relevant to the Plaintiff's request and Defendant would like to have the □□□□ 12 || updated information to present to the Court. Plaintiff has provided no information to the Court in | 13 || Motion about whether he sent an appropriate kite or documented a “man-down” for tooth #15. (E¢ 14 || 29). Plaintiff has not established in his Motion that he is precluded from getting an appointment w: 15 || Dr. Benson. (ECF 29). Defendant would like to confirm with the medical records and dental recor 16 || that this information is correct prior to submission of any opposition to the Court. Additionally, t 17 || documents Defendant is requesting will correspond to whether Plaintiff has a likelihood of success | 18 || the merits and whether he will suffer irreparable harm. 19 Good cause exists to extend the time to file this motion. This request is made in good faith a 20 || not for the purpose of delay. Defendant respectfully submits that none of the parties will be prejudic 21 || by a one-week or seven (7) day extension of time since the Court filed Plaintiffs Complaint | 22 || November 25, 2019 and the Plaintiff waited approximately eight months to file this Motion 1 23 || Preliminary Injunction. 24 /// 25 /// 26 /// 27 /// 28 ///

1 If granted, the new deadline to file Defendant’s Opposition to Motion for Preliminary Injuncti 2 || would be Wednesday, July 22, 2020. 3 DATED this 14th day of July, 2020. 4 AARON D. FORD 5 Attorney General By: /s/ Meredith N. Beresford □□ 6 MEREDITH N. BERESFORD, Bar No. 13308 Deputy Attorney General Attorneys for Defendant

9 10 IT IS SO ORDERED. V2 Dated: July 15, 2020. 13 * 14 15 UNITED STATES*MAGISTRATE JUDGE 16 17 18 19 20 2] 22 23 24 25 26 27 28

1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the Office of the Attorney General, State of Nevada, and th 3 || on this 14th day of July, 2020, I caused to be served, a true and correct copy of the foregoir 4 || MOTION TO EXTEND THE DEADLINE TO FILE AN OPPOSITION TO PLAINTIFF 5 || MOTION FOR PRELIMINARY INJUNCTION, by U.S. District Court CM/ECF Electronic Filt 6 |] on: 7 || Emmanuel Caballero #1135573 8 c/o Law Librarian Northern Nevada Correctional Center ? Carson City, NV 89702 10 lawlibrarian@doc.nv.gov 1] 12 /s/ Perla M. Hernandez An employee of the 13 Office of the Attorney General 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28