Attorney General 2 DAWN R. JENSEN (Bar No. 10933) 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) 486-3195 (phone) (702) 486-3773 (fax) 6 Email: drjensen@ag.nv.gov 7 Attorneys for Defendant Efrain Lona 10 WESLIE MARTIN, Case No. 2:18-cv-02426-RFB-VCF 11 Plaintiff, 12 v. UNOPPOSED MOTION TO EXTEND THE DISPOSITIVE MOTIONS 13 THE STATE OF NEVADA, et al., DEADLINE THIRTY DAYS (FIRST REQUEST TO EXTEND THE 14 Defendants. DISPOSITIVE MOTIONS DEADLINE) 15 16 17 Defendant, Efrain Lona, by and through counsel, Aaron D. Ford, Nevada Attorney 18 General, and Dawn R. Jensen, Deputy Attorney General, hereby moves, unopposed, to 19 extend the dispositive motion deadline, by thirty-two (32) days to, Monday, March 21, 20 2022.1 22 Plaintiff Weslie Martin (hereinafter Martin) is an inmate lawfully incarcerated in 23 the Nevada Department of Corrections (NDOC). Martin sues Correctional Officer Efrain 24 Lona for various alleged constitutional violations occurring during Martin’s incarceration 25 at High Desert State Prison (HDSP). ECF No. 19 at 5; ECF No. 18 at 3-11. Pursuant to this 26 Court’s Screening Order, Martin was permitted to proceed against Lona on the following 27
1 Defendants are requesting a thirty-two (32) day extension, rather than a thirty 28 (30) day extension because the 30th day falls on a Saturday. 2 count of deliberate indifference to a serious medical need under the Eighth Amendment. 3 ECF No. 18 at 7-11. 4 A scheduling order was issued on July 23, 2021, setting the deadline for discovery to 5 close on January 18, 2022, and for filing dispositive motions by February 17, 2022. ECF 6 No. 59 at 2. The current Deputy Attorney General (hereinafter DAG Jensen) came on to 7 this case in November 2021. ECF No. 77. On November 29, 2021, the court held a hearing 8 on Plaintiff’s Motion for Reconsideration, Plaintiff’s Motion for Summary Judgment, and 9 Motion for Clerk’s Default. At the hearing, after discussing the status of discovery, the 10 court ordered the parties to meet and confer to develop a new proposed scheduling order 11 and ordered Plaintiff be provided a paper copy of all medical records by December 10, 2021. 12 ECF No. 82. The proposed scheduling order was due to the court by December 20, 2021. 13 Id. The parties did meet and confer and Plaintiff was provided all medical records to his 14 cell. 15 On December 22, 2021, the parties did meet and confer. DAG Jensen and Martin 16 discussed the current scheduling order and the dates set forth therein. After inquiring how 17 much time Plaintiff would need, Martin indicated he did not need more time; he was 18 satisfied with keeping the deadlines as they are. The parties discussed the status of 19 discovery production and concluded the call. On January 6, 2022, Martin filed a notice 20 indicating that discovery is complete. ECF No. 88. 21 On February 11, 2022, DAG Jensen spoke with Martin. DAG Jensen indicated that 22 due to the demands of her workload and an inability to meet the deadline, she requested a 23 thirty-day extension to file dispositive motions. Martin graciously agreed and indicated he 24 would not be opposed to my request. 25 Defendants now move to extend the deadline to complete dispositive motions thirty- 26 two (32) days to Monday, March 21, 2022. Good cause supports this extension request as 27 more particularly set forth herein below. 28 . . . 2 Motions to enlarge time are governed by FED R. CIV. PROC. 6(b) and Nevada Local 3 Court Rule 26-3.2 4 (b) Extending Time. 5 (1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time: 6 (A) with or without motion or notice if the court acts, or if a 7 request is made, before the original time or its extension expires; or 8 (B) on motion made after the time has expired if the party failed 9 to act because of excusable neglect.[3] 10 FED R. CIV. PROC. 6(b). 11 LR 26-3. EXTENSION OF SCHEDULED DEADLINES 12 A motion or stipulation to extend any date set by the discovery plan, scheduling order, or other order must, in addition to satisfying the 13 requirements of LR IA 6-1, be supported by a showing of good cause for the extension. A motion or stipulation to extend a deadline set forth in a 14 discovery plan must be received by the court no later than 21 days before the expiration of the subject deadline. A request made within 21 days of the 15 subject deadline must be supported by a showing of good cause. A request made after the expiration of the subject deadline will not be granted unless 16 the movant also demonstrates that the failure to act was the result of excusable neglect. A motion or stipulation to extend a discovery deadline or 17 to reopen discovery must include: 18 (a) A statement specifying the discovery completed; 19 (b) A specific description of the discovery that remains to be completed; 20 (c) The reasons why the deadline was not satisfied or the remaining disco- very was not completed within the time limits set by the discovery 21 plan; and 22 (d) A proposed schedule for completing all remaining discovery.[4] 23 24 25 26
2 On April 17, 2020, the Federal District Court of Nevada amended the Local Rules. 27 This motion cites to the most recent version. 3 Fed R. Civ. Proc. 6(b). 28 4 Nevada Local Court Rules LR 26-4. 2 A. Local Rule 26-3 Requirements 3 1. The Discovery Completed to Date 4 To date, the parties have completed the following discovery: Defendants provided a 5 full and complete paper copy of Plaintiffs medical record (pursuant to minute order; ECF 6 No. 82) on December 14, 2021. Defendants provided Responses to Plaintiffs Request for 7 Production of Documents on December 29, 2021. 8 2. Discovery That Remains to Be Completed 9 Discovery is complete in this action. On January 6, 2022, Plaintiff filed a Notice to 10 the court that discovery has been completed. ECF No. 88. 11 3. The Reason the Dispositive Motion Deadline Cannot Be Completed 12 13 Defendant is unable to adhere to the dispositive motion deadline is due to the 14 demands of DAG Jensen’s current caseload. Counsel for the defense is assigned a current 15 caseload of approximately forty-two matters. See Exhibit A (Declaration of Counsel). In 16 the preceding two weeks, counsel has prepared for and attended five mediations and/or 17 settlement conferences, one being a global settlement involving six matters, prepared for 18 and attended a Las Vegas Justice Court trial, and filed two Answers. In the next two 19 weeks, DAG Jensen is required to: prepare for and attend four more mediations and/or 20 settlement conferences, file another Motion for Summary Judgment, with another 21 dispositive motions deadlines fast approaching in March, draft a response to a Motion to 22 Compel and a Response to a Temporary Restraining Order, and finalize settlement 23 documents in other recently resolved matters. Also, DAG Jensen is sharing in additional 24 tasks and case reassignments, due to OAG staff out on FMLA leave. Lastly, DAG Jensen 25 is a mother to young children which presents challenges in completing anything after 26 hours. 27 Granting a thirty-two (32) day extension would move the dispositive motion deadline 28 to, Monday, March 21, 2022. As discussed below, Martin is not opposed to this extension. 2 she can complete the various upcoming deadlines and yet give the attention this case 3 deserves. 4 4. Proposed Discovery Schedule 5 Deadline for Dispositive Motions: Monday, March 21, 2022. 6 Deadline for Joint Pretrial Order: The joint pretrial order is due thirty (30) days 7 after the entry of the Court’s order on dispositive motions. 8 B. Good Cause Supports the Extension 9 This Court should find good cause supports the extension. Specifically, DAG Jensen 10 has been diligent in meeting her prior obligations.
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Attorney General 2 DAWN R. JENSEN (Bar No. 10933) 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) 486-3195 (phone) (702) 486-3773 (fax) 6 Email: drjensen@ag.nv.gov 7 Attorneys for Defendant Efrain Lona 10 WESLIE MARTIN, Case No. 2:18-cv-02426-RFB-VCF 11 Plaintiff, 12 v. UNOPPOSED MOTION TO EXTEND THE DISPOSITIVE MOTIONS 13 THE STATE OF NEVADA, et al., DEADLINE THIRTY DAYS (FIRST REQUEST TO EXTEND THE 14 Defendants. DISPOSITIVE MOTIONS DEADLINE) 15 16 17 Defendant, Efrain Lona, by and through counsel, Aaron D. Ford, Nevada Attorney 18 General, and Dawn R. Jensen, Deputy Attorney General, hereby moves, unopposed, to 19 extend the dispositive motion deadline, by thirty-two (32) days to, Monday, March 21, 20 2022.1 22 Plaintiff Weslie Martin (hereinafter Martin) is an inmate lawfully incarcerated in 23 the Nevada Department of Corrections (NDOC). Martin sues Correctional Officer Efrain 24 Lona for various alleged constitutional violations occurring during Martin’s incarceration 25 at High Desert State Prison (HDSP). ECF No. 19 at 5; ECF No. 18 at 3-11. Pursuant to this 26 Court’s Screening Order, Martin was permitted to proceed against Lona on the following 27
1 Defendants are requesting a thirty-two (32) day extension, rather than a thirty 28 (30) day extension because the 30th day falls on a Saturday. 2 count of deliberate indifference to a serious medical need under the Eighth Amendment. 3 ECF No. 18 at 7-11. 4 A scheduling order was issued on July 23, 2021, setting the deadline for discovery to 5 close on January 18, 2022, and for filing dispositive motions by February 17, 2022. ECF 6 No. 59 at 2. The current Deputy Attorney General (hereinafter DAG Jensen) came on to 7 this case in November 2021. ECF No. 77. On November 29, 2021, the court held a hearing 8 on Plaintiff’s Motion for Reconsideration, Plaintiff’s Motion for Summary Judgment, and 9 Motion for Clerk’s Default. At the hearing, after discussing the status of discovery, the 10 court ordered the parties to meet and confer to develop a new proposed scheduling order 11 and ordered Plaintiff be provided a paper copy of all medical records by December 10, 2021. 12 ECF No. 82. The proposed scheduling order was due to the court by December 20, 2021. 13 Id. The parties did meet and confer and Plaintiff was provided all medical records to his 14 cell. 15 On December 22, 2021, the parties did meet and confer. DAG Jensen and Martin 16 discussed the current scheduling order and the dates set forth therein. After inquiring how 17 much time Plaintiff would need, Martin indicated he did not need more time; he was 18 satisfied with keeping the deadlines as they are. The parties discussed the status of 19 discovery production and concluded the call. On January 6, 2022, Martin filed a notice 20 indicating that discovery is complete. ECF No. 88. 21 On February 11, 2022, DAG Jensen spoke with Martin. DAG Jensen indicated that 22 due to the demands of her workload and an inability to meet the deadline, she requested a 23 thirty-day extension to file dispositive motions. Martin graciously agreed and indicated he 24 would not be opposed to my request. 25 Defendants now move to extend the deadline to complete dispositive motions thirty- 26 two (32) days to Monday, March 21, 2022. Good cause supports this extension request as 27 more particularly set forth herein below. 28 . . . 2 Motions to enlarge time are governed by FED R. CIV. PROC. 6(b) and Nevada Local 3 Court Rule 26-3.2 4 (b) Extending Time. 5 (1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time: 6 (A) with or without motion or notice if the court acts, or if a 7 request is made, before the original time or its extension expires; or 8 (B) on motion made after the time has expired if the party failed 9 to act because of excusable neglect.[3] 10 FED R. CIV. PROC. 6(b). 11 LR 26-3. EXTENSION OF SCHEDULED DEADLINES 12 A motion or stipulation to extend any date set by the discovery plan, scheduling order, or other order must, in addition to satisfying the 13 requirements of LR IA 6-1, be supported by a showing of good cause for the extension. A motion or stipulation to extend a deadline set forth in a 14 discovery plan must be received by the court no later than 21 days before the expiration of the subject deadline. A request made within 21 days of the 15 subject deadline must be supported by a showing of good cause. A request made after the expiration of the subject deadline will not be granted unless 16 the movant also demonstrates that the failure to act was the result of excusable neglect. A motion or stipulation to extend a discovery deadline or 17 to reopen discovery must include: 18 (a) A statement specifying the discovery completed; 19 (b) A specific description of the discovery that remains to be completed; 20 (c) The reasons why the deadline was not satisfied or the remaining disco- very was not completed within the time limits set by the discovery 21 plan; and 22 (d) A proposed schedule for completing all remaining discovery.[4] 23 24 25 26
2 On April 17, 2020, the Federal District Court of Nevada amended the Local Rules. 27 This motion cites to the most recent version. 3 Fed R. Civ. Proc. 6(b). 28 4 Nevada Local Court Rules LR 26-4. 2 A. Local Rule 26-3 Requirements 3 1. The Discovery Completed to Date 4 To date, the parties have completed the following discovery: Defendants provided a 5 full and complete paper copy of Plaintiffs medical record (pursuant to minute order; ECF 6 No. 82) on December 14, 2021. Defendants provided Responses to Plaintiffs Request for 7 Production of Documents on December 29, 2021. 8 2. Discovery That Remains to Be Completed 9 Discovery is complete in this action. On January 6, 2022, Plaintiff filed a Notice to 10 the court that discovery has been completed. ECF No. 88. 11 3. The Reason the Dispositive Motion Deadline Cannot Be Completed 12 13 Defendant is unable to adhere to the dispositive motion deadline is due to the 14 demands of DAG Jensen’s current caseload. Counsel for the defense is assigned a current 15 caseload of approximately forty-two matters. See Exhibit A (Declaration of Counsel). In 16 the preceding two weeks, counsel has prepared for and attended five mediations and/or 17 settlement conferences, one being a global settlement involving six matters, prepared for 18 and attended a Las Vegas Justice Court trial, and filed two Answers. In the next two 19 weeks, DAG Jensen is required to: prepare for and attend four more mediations and/or 20 settlement conferences, file another Motion for Summary Judgment, with another 21 dispositive motions deadlines fast approaching in March, draft a response to a Motion to 22 Compel and a Response to a Temporary Restraining Order, and finalize settlement 23 documents in other recently resolved matters. Also, DAG Jensen is sharing in additional 24 tasks and case reassignments, due to OAG staff out on FMLA leave. Lastly, DAG Jensen 25 is a mother to young children which presents challenges in completing anything after 26 hours. 27 Granting a thirty-two (32) day extension would move the dispositive motion deadline 28 to, Monday, March 21, 2022. As discussed below, Martin is not opposed to this extension. 2 she can complete the various upcoming deadlines and yet give the attention this case 3 deserves. 4 4. Proposed Discovery Schedule 5 Deadline for Dispositive Motions: Monday, March 21, 2022. 6 Deadline for Joint Pretrial Order: The joint pretrial order is due thirty (30) days 7 after the entry of the Court’s order on dispositive motions. 8 B. Good Cause Supports the Extension 9 This Court should find good cause supports the extension. Specifically, DAG Jensen 10 has been diligent in meeting her prior obligations. At the same time, she is committed to 11 a multitude of upcoming deadlines and responsibilities from an active and increasing 12 caseload. Due to a temporary staff deficit, extra tasks, deadlines, and last-minute requests 13 for assistance are expected. Also, working at home after hours is not practicable. Thus, 14 these factors prevent counsel from being able to meet the dispositive motion deadline. DAG 15 Jensen intends to meet the thirty-two (32) day extension and it would not prejudice either 16 party. See Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1260, (9th Cir. 2010) (holding 17 that the “district court abused its discretion in denying party’s timely motion” to extend 18 time because the party “demonstrated the ‘good cause’ required by Rule 6, and because 19 there was no reason to believe that [the party] was acting in bad faith or was 20 misrepresenting his reasons for asking for the extension”). 21 C. Meet And Confer 22 On February 11, 2022, DAG Jensen spoke with Martin. She indicated that due to 23 the demands of her workload and an inability to meet the deadline, she requested a thirty- 24 day extension to file dispositive motions. Martin graciously agreed and indicated he would 25 not be opposed to DAG Jensen’s request. 26 27 . . . 28 . . . 2 For the forgoing reasons, and for good cause appearing, the Defendant respectfully 3 requests this Court grant the Unopposed Motion to Extend the Dispositive Motion 4 || Deadline as follows: 5 1. The time for the parties to file any dispositive motion be extended by thirty- 6 || two (32) days to Monday, March 21, 2022. 7 2. If no dispositive motions are filed, the Joint Pretrial Order shall be filed on or before 8 ||Monday, March 21, 2022. If the parties file dispositive motions, the Joint Pretrial Order 9 || shall be filed thirty (30) days after the Court serves its order disposing of the dispositive 10 || motions, or further Court order. 11 DATED this 14th day of February, 2022. Attorney General 13 By: /s/ Dawn R. Jensen 14 DAWN R. JENSEN (Bar No. 10933) Deputy Attorney General
16 Attorneys for Defendant 17 IT IS SO ORDERED:
20 UNITED STATES MAGISTRATE JUDGE 21 2-15-2022 DATED: □ 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 February 14, 2022, I electronically filed the foregoing UNOPPOSED 4 MOTION TO EXTEND THE DISPOSITIVE MOTIONS DEADLINE THIRTY DAYS 5 (FIRST REQUEST TO EXTEND THE DISPOSITIVE MOTIONS DEADLINE) via 6 this Court’s electronic filing system. Parties who are registered with this Court’s electronic 7 filing system will be served electronically. 8 Weslie Martin, #1157084 Ely State Prison 9 P.O. Box 1989 Ely, Nevada 89301 10 Email: ESP_LawLibrary@doc.nv.gov Plaintiff, Pro Se 11 12 /s/ Cathy L. Mackerl 13 CATHY L. MACKERL, an employee of the Office of the Nevada Attorney General 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A
Declaration of Counsel
EXHIBIT A Attorney General 2 DAWN R. JENSEN (Bar No. 10933) 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) 486-3195 (phone) (702) 486-3773 (fax) 6 Email: drjensen@ag.nv.gov 7 Attorneys for Defendant Efrain Lona 10 WESLIE MARTIN, Case No. 2:18-cv-02426-RFB-VCF 11 Plaintiff, 12 v. DECLARATION OF COUNSEL 13 THE STATE OF NEVADA, et al., 14 Defendants. 15 16 I, Dawn R. Jensen, hereby attest that the following statements to the best of my 17 knowledge are true and correct. 18 1. I am employed as a Deputy Attorney General in the Office of the Nevada Attorney 19 General. I am employed in the Public Safety Division. 20 2. I represent the Defendant in the matter of Weslie Martin v. The State of Nevada case 21 no. 2:18-cv-02426-RFB-VCF. 22 3. I am currently assigned forty-two matters. 23 4. In the preceding two weeks, I have prepared for and attended five mediations and/or 24 settlement conferences, one being a global settlement involving six matters, prepared for 25 and attended a Las Vegas Justice Court trial, and filed two Answers. 26 5. In the upcoming two weeks I have the following deadlines: prepare for and attend 27 four more mediations and/or settlement conferences, file another Motion for Summary 28 Judgment and another due in March, complete a response to a Motion to Compel, complete 2 recently resolved matters. 3 6. I am sharing in additional tasks and assignments, due to OAG staff out on medical 4 leave. I have two young children. 5 7. I certify that I bring this motion in good faith and not for any improper purpose or 6 unnecessary delay. 7 Pursuant to Title 28, United States Code, Section 1746, I declare under penalty of perjury 8 that the foregoing is true and correct to the best of my knowledge and belief. 9 Executed this 14th day of February, 2022. Attorney General 11 By: /s/ Dawn R. Jensen 12 DAWN R. JENSEN (Bar No. 10933) Deputy Attorney General 13 Attorneys for Defendant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28