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 10 EMMANUEL CABALLERO, Case No. 3:19-cv-00079-MMD-CLB 11 Plaintiff, 12 lly MOTION TO EXTEND THE DEADLIN TO FILE AN OPPOSITION TO 13 PLAINTIFF’S MOTION FOR ROMEO ARANAS, et ai., SANCTIONS IN LIGHT OF ECF NO. 5 14 Defendants. 15 Defendants, Melissa Mitchell and the Estate of Gene Yup, by and through couns« 16 || Aaron D. Ford, Attorney General of the State of Nevada, and Meredith N. Beresfor 17 || Deputy Attorney General, hereby move to extend the deadline to file an Opposition 18 || Plaintiff's Motion for Sanctions to September 8!, 2020. 19 Emmanuel Caballero is a prisoner in the lawful custody of the Nevada Departme: 20 || of Corrections (NDOC) and has submitted a Motion for Sanctions (Motion) (ECF No. 5: 21 || Defendants’ deadline to respond to the Motion is August 24, 2020. 22 Federal Rule of Civil Procedure 6(b)(1) governs enlargements of time and provid 23 || as follows: 24 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 25 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 26 after the time has expired if the party failed to act because of excusable neglect. 27 28 1 September 7, 2020 is an observed Court holiday.

1 || The proper procedure, when additional time for any purpose is needed, is to present 2 || request for extension of time before the time fixed has expired. Canup v. Miss. Val. Bar. 3 || Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). Extensions of time may always be asked for, a1 4 || usually are granted on a showing of good cause if timely made under subdivision (b)(1) 5 the Rule. Creedon v. Taubman, 8 F.R.D. 268 (N.D. Ohio 1947). 6 In this case, DAG Beresford spoke with Caballero on Wednesday, August 19, 20: 7 □□□ Friday, August 21, 2020 in an attempt to resolve the outstanding issues surroundi 8 this Motion. During that call, Caballero graciously indicated he would not oppose 9 || motion to extend the deadline if Defendants would seriously consider his request for ¢ 10 || offer of judgment. As required, DAG Beresford must present the current offer to clien 11 || and determine whether there is any acceptance or counteroffer to be made. Further, 12 || light of the Court’s Order (ECF No. 56) setting a hearing approximately six weeks ov 13 || Defendants respectfully request additional time to respond in order to properly relay a1 14 || offers/counteroffers and gather all information relevant to the Motion to provide to tl 15 || Court. 16 During the meet and confer calls with Caballero, DAG Beresford informed him tl 17 || discovery is forthcoming. DAG Beresford also informed him of the recent death of : 18 |/immediate family member, to which Caballero was very kind. DAG Beresford did n 19 || believe an extension would be necessary until this morning. 20 Good cause exists to extend the time to file this opposition. This request is made 21 || good faith and not for the purpose of delay. Defendant respectfully submits that none 22 || the parties will be prejudiced by a two-week (14) day extension of time since the heari 23 || regarding this matter is scheduled for September 25, 2020. 24 25 WW/// 26 27 W/// 28 WW///

1 If granted, the new deadline to file Defendant’s Opposition to Motion for □□□□□□□□ 2 || would be Tuesday, September 8, 2020 3 DATED this 24th day of August, 2020. 4 AARON D. FORD ; Attorney General By: _/s/ Meredith N. Beresford 6 MEREDITH N. BERESFORD, Bar No. 13308 Deputy Attorney General

Attorneys for Defendant

9 IT IS SO ORDERED. 10 Dated day of Aug,, 2020. wn ALi 13 14 15 16 17 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 Office of the Attorney General, State 3 || Nevada, and that on this 24th day of August, 2020, I caused to be served, a true a 4 || correct copy of the foregoing, MOTION TO EXTEND THE DEADLINE TO FILE A 5 || OPPOSITION TO PLAINTIFF’S MOTION FOR SANCTIONS IN LIGHT OF EC 6 || NO. 56, by U.S. District Court CM/ECF Electronic Filing on: 7 || Emmanuel Caballero #1135573 8 c/o Law Librarian Northern Nevada Correctional Center 9 P.O. Box 7000 Carson City, NV 89702 10 lawlibrarian@doc.nv.gov 11 12 /s/ Perla M. Hernandez 13 An employee of the Office of the Attorney General 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28