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 Plaintiff, lly MOTION TO EXTEND THE DEADLIN TO FILE AN OPPOSITION TO PLAINTIFF’S MOTION FOR ROMEO ARANAS, et ai., SANCTIONS IN LIGHT OF ECF NO. 5 Defendants. Defendants, Melissa Mitchell and the Estate of Gene Yup, by and through couns« Aaron D. Ford, Attorney General of the State of Nevada, and Meredith N. Beresfor Deputy Attorney General, hereby move to extend the deadline to file an Opposition Plaintiff's Motion for Sanctions to September 8!, 2020. Emmanuel Caballero is a prisoner in the lawful custody of the Nevada Departme: of Corrections (NDOC) and has submitted a Motion for Sanctions (Motion) (ECF No. 5: Defendants’ deadline to respond to the Motion is August 24, 2020. Federal Rule of Civil Procedure 6(b)(1) governs enlargements of time and provid 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 September 7, 2020 is an observed Court holiday.

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

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

Attorneys for Defendant

Dated day of Aug,, 2020. wn ALi

I certify that I am an employee of the Office of the Attorney General, State Nevada, and that on this 24th day of August, 2020, I caused to be served, a true a correct copy of the foregoing, MOTION TO EXTEND THE DEADLINE TO FILE A OPPOSITION TO PLAINTIFF’S MOTION FOR SANCTIONS IN LIGHT OF EC NO. 56, by U.S. District Court CM/ECF Electronic Filing on: Emmanuel Caballero #1135573 c/o Law Librarian Northern Nevada Correctional Center P.O. Box 7000 Carson City, NV 89702 lawlibrarian@doc.nv.gov /s/ Perla M. Hernandez An employee of the Office of the Attorney General