Kinford v. Moyal

Opinion

Attorney General 2 Amy A. Porray (Bar. No. 9565) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 5 (702) 486-0661 (phone) (702) 486-3773 (fax) 6 Email: aporray@ag.nv.gov

7 Attorneys for Defendant, Shannon Moyle 8

9 UNITED STATES DISTRICT COURT

10 DISTRICT OF NEVADA

11 STEVEN KINFORD, Case No. 2:18-cv-01890-RFB-EJY

12 Plaintiff, DEFENDANT’S MOTION TO 13 v. EXTEND THE DEADLINE TO FILE MOTION FOR SUMMARY 14 SHANNON MOYLE, et al., JUDGMENT (FIRST REQUEST) 15 Defendants.

16 17 Defendant, Shannon Moyle, by and through counsel, Aaron D. Ford, Nevada 18 Attorney General, and Amy A. Porray, Deputy Attorney General, of the State of Nevada, 19 Office of the Attorney General, request this Court extend the deadline to file the Motion for 20 Summary Judgment from July 14, 2021, to August 9, 2021. This is the first request. 21 I. INTRODUCTION 22 Defendant, Shannon Moyle, respectfully requests this Court grant this request to 23 extend the deadline to file the Motion for Summary Judgment. Good cause exists because 24 counsel has had a serious medical emergency that required her to take extended medical 25 leave and has affected all dates and deadlines in her cases. 26 / / / 27 / / / 28 / / / 2 Kinford is an inmate lawfully incarcerated in the Nevada Department of Corrections 3 (NDOC). Kinford sues Moyle for one (1) count of failure to protect regarding an incident 4 that occurred at Northern Nevada Correctional Center (NNCC) between he and another 5 inmate. 6 In the instant case, the motion for summary judgment is due on July 14, 2021. 7 Moyle’s counsel was scheduled for annual leave, beginning July 6, 2021, and returning July 8 13, 2021. The instant motion for summary judgment would have been completed prior to 9 counsel’s leave, and then reviewed, edited, approved during her leave and timely filed upon 10 her return. 11 However, in the very late hours of Thursday, July 1, 2021/very early morning of 12 Friday, July 2, 2021 (counsel is unsure of the time), Moyle’s counsel suffered a serious 13 medical episode. See Declaration of Amy A. Porray. Counsel’s live-in partner took her to 14 the nearest hospital emergency room. Id. Following discharge, counsel was given 15 instructions not to return to work in any capacity until her follow up with medical 16 specialists. Id. 17 Counsel was placed on emergency medical leave beginning Friday, July 2, 2021. The 18 end of the following week, counsel met with her medical specialist who ordered further 19 specialized testing and allowed for a subsequent return to work. Id. Counsel returned to 20 work on Monday, July 12, 2021. Id. Although, counsel is diligently working to get caught 21 up on all cases, she must remain cognizant of her provider’s treatment recommendations 22 and the limitations posed by her physical abilities. Id. As of now, counsel is not at full 23 working capacity. 24 Also, counsel has requested a telephone conference with Kinford to discuss the 25 instant motion, as well as another pending motion. However, due to counsel just returning 26 to work on Monday, July 12, 2021, and the lead time required by his institution to schedule 27 a telephone conference (at least five (5) business days), a telephone conference will be 28 difficult to secure before the end of the week. 2 respectfully requests that this Court grant her request to extend the deadline to file the 3 Motion for Summary Judgment. 4 III. LEGAL ARGUMENT 5 District courts have inherent power to control their dockets. Hamilton Copper & 6 Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 7 958 F.2d 272, 273 (9th Cir. 1992). Rule 6(b)(1), Federal Rules of Civil Procedure, governs 8 extensions of time: 9 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 10 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 11 after the time has expired if the party failed to act because of excusable neglect. 12 13 “The proper procedure, when additional time for any purpose is needed, is to present 14 to the Court a timely request for an extension before the time fixed has expired (i.e., a 15 request presented before the time then fixed for the purpose in question has expired).” 16 Canup v. Miss. Valley Barge Line Co., 31 F.R.D. 282, 283 (D. Pa. 1962). The Canup Court 17 explained that “the practicalities of life” (such as an attorney’s “conflicting professional 18 engagements” or personal commitments such as vacations, family activities, illnesses, or 19 death) often necessitate an enlargement of time to comply with a court deadline. Id. 20 Counsel’s unforeseeable medical emergency, which led to an extended medical 21 absence and a complete inability to work demonstrates good cause. Counsel has actively 22 and responsibly participated in the instant litigation. Counsel was on track to timely file 23 the instant motion for summary judgment. However, now all of counsel’s cases and their 24 accompanying dates and deadlines have been affected. Counsel brings this motion in the 25 very best of faith and not for the purposes of delay. 26 IV. CONCLUSION 27 Moyle’s motion for an extension of time to file a motion for summary judgment 28 should be granted due to counsel’s serious injury. Moyle requests an extension from the 1 || current due date of July 14, 2021, to August 9, 2021. This motion is brought in good faith 2 not for the purposes of delay. 3 DATED July 14, 2021. A AARON D. FORD 5 Attorney General By:_/s/ Amy Porray 6 Amy A. Porray (Bar. No. 9596) Deputy Attorney General 7 Attorneys for Defendant 8 9 10 IT ISSO ORDERED 12 13 14 UNITED STATES DISTRICT JUDGE 15 DATED: July 15, 2021 16 17 18 19 20 21 22 23 24 25 26 27 28

2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, 3 and that on July 14, 2021, I electronically filed the foregoing DEFENDANT’S MOTION 4 TO EXTEND THE DEADLINE TO FILE MOTION FOR SUIMMARY JUDGMENT 5 (FIRST REQUEST) via this Court’s electronic filing system. Parties who are registered 6 with this Court’s electronic filing system will be served electronically.

7 Steven Kinford #64984 Lovelock Correctional Center 8 1200 Prison Rd. Lovelock, NV 89419 9

10 /s/ Natasha D. Petty 11 An employee of the Office of the Nevada Attorney General 12

17 18 19 20 21 22 23 24 25 26 27 28