Johnson v. Barrett

Opinion

Attorney General 2 LAURA M. GINN, Bar No. 8085 Deputy Attorney General 3 State of Nevada 100 N. Carson Street 4 Carson City, Nevada 89701-4717 Tel: (775) 684-1120 5 E-mail: lginn@ag.nv.gov

6 Attorneys for Defendants Regina Barrett, Christopher Harris, 7 Julio Mesa, and Timothy Knatz

11 UNITED STATES DISTRICT COURT

12 DISTRICT OF NEVADA

13 LAUSTEVEION JOHNSON, Case No. 2:17-cv-02304-RFB-BNW

14 Plaintiff,

15 v. DEFENDANTS’ UNOPPOSED MOTION FOR AN EXTENSION OF 16 REGINA BARRETT, et al., TIME TO FILE MOTION FOR SUMMARY JUDGMENT 17 Defendants. [SECOND REQUEST]

18 19 Defendants Regina Barrett, Christopher Harris, Julio Mesa, and Timothy Knatz, by 20 and through counsel, Aaron D. Ford, Nevada Attorney General, and Laura M. Ginn, Deputy 21 Attorney General, of the State of Nevada, Office of the Attorney General, hereby submit 22 their Unopposed Motion for an Extension of Time to File Motion for Summary Judgment. 23 Defendants seek an extension of time from October 6, 2021 to November 8, 2021.1 24 I. INTRODUCTION 25 Defendants respectfully request this Court grant their request to extend the 26 deadline to file the motion for summary judgment. The parties conducted a meet and confer 27 telephone conference on October 1, 2021, wherein the parties agreed to a 30-day extension

28 1 This extension to file dispositive motions applies, of course, to Plaintiff as well. of time to file dispositive motions. This was primarily because of the resignation of Senior 2 Deputy Attorney General (SDAG) Katlyn Brady, the reassignment of this case and 3 subsequent resignation of DAG Amy A. Porray, and the reassignment of this case to the 4 Undersigned. The parties agreed that a 30-day extension was mutually beneficial. 5 Accordingly, good cause exists to grant the instant motion for extension of time. 6 II. LEGAL ARGUMENT 7 District courts have inherent power to control their dockets. Hamilton Copper & 8 Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 9 958 F.2d 272, 273 (9th Cir. 1992). Rule 6(b)(1), Federal Rules of Civil Procedure, governs 10 extensions of time: 11 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 12 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 13 after the time has expired if the party failed to act because of 14 excusable neglect. 15 “The proper procedure, when additional time for any purpose is needed, is to present 16 to the Court a timely request for an extension before the time fixed has expired (i.e., a 17 request presented before the time then fixed for the purpose in question has expired).” 18 Canup v. Miss. Valley Barge Line Co., 31 F.R.D. 282, 283 (D. Pa. 1962). The Canup Court 19 explained that “the practicalities of life” (such as an attorney’s “conflicting professional 20 engagements” or personal commitments such as vacations, family activities, illnesses, or 21 death) often necessitate an enlargement of time to comply with a court deadline. Id. 22 Because of Former SDAG Brady’s and DAG Porray’s resignations, the undersigned 23 DAG has immediately assumed responsibility for additional cases, case deadlines, and 24 responsibilities. Former DAG Porray received one unopposed extension to October 6, 2021 25 and this is the second request. The undersigned conducted a telephonic meet and confer 26 with Plaintiff on October 1, 2021, to discuss the instant case, and upcoming dispositive 27 motion deadline. The undersigned explained to Plaintiff about the reassignment of the case 28 / / / 1 || and the need for an extension. Plaintiff agreed to the filing of an unopposed motion. 2 || Accordingly, good cause exists for an extension of time. 3 CONCLUSION 4 Defendants’ unopposed motion for an extension of time should be granted. 5 || Defendants request an extension from the current due date of October 6 to November 8, 6 || 2021. This motion is brought in good faith and not for the purposes of delay. 7 DATED October 15, 2021. 8 AARON D. FORD 9 Attorney General By:/s/ Laura M.Ginn 10 Laura M. Ginn (Bar. No. 8085) Deputy Attorney General 11 Attorneys for Defendants 12 18 IT IS SO ORDERED: 14 15 AS 16 WV RICHARD F. BOULWARE, II United States District Judge 18 DATED this 16th day of October, 2021. 19 20 21 22 23 24 25 26 27 28

l CERTIFICATE OF SERVICE I certify that I am an employee of the Office of the Attorney General, State of Nevada, and that ° on this 15th day of October, 2021, I caused to be served a copy of the foregoing, DEFENDANTS’ ° UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT [SECOND REQUEST], by depositing for mailing via the U.S. Postal Service, to the ° following: 6 7 Lausteveion Johnson, #82138 Warm Springs Correctional Center 8 P.O. Box 7007 Carson City, Nevada 89701 9 Plaintiff, Pro Se 10 11 ‘ Knemployes ofthe 13 Office of the Nevada Attorney General 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28