Moreno v. Nev. Dept. Corr.

Opinion

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AARON D. FORD FILED _____. RECEIVED Attorney General —— ENTERED ——— SERVED ON DENNIS W. HOUGH, Bar No. 11995 COUNSEU/PARTIES OF RECORD Deputy Attorney General State of Nevada Public Safety Division JUL 23 2019 100 N. Carson Street Carson City, □□ 89701-4717 CLERK US DISTRICT COURT Tel: (775) 684-1254 DISTRICT OF NEVADA E-mail: dhough@ag.nv.gov BY: Attorneys for Defendants dEYR ] FLAVIO MORENO, Case No. 3:18-cv-00137-MMD-CBC 1] Plaintiff, v. DEFENDANTS’ MOTION FOR ENLARGEMENT OF STAY NEV. DEPT. CORR., et al., Defendants. Defendants, by and through counsel, Aaron Ford, Attorney General of the State of Nevada, anc Dennis W. Hough, Deputy Attorney General, hereby move this Honorable Court an enlargement of th stay in this matter until one week following the yet-to-be-scheduled Early Mediation Conference. Thi: motion is based on Fed. R. Civ. P. 6(b)(1), the following memorandum of points and authorities, and al papers and pleadings on file herein. MEMORANDUM OF POINTS AND AUTHORITIES _

0 INTRODUCTION This case is an inmate civil rights action pursuant to 42 U.S.C. § 1983. ECF No. 4 at 1. Plaintifi Flavio Moreno (Plaintiff), is an inmate in the custody of the Nevada Department of Corrections. Jd. Th events at issue in Plaintiff's complaint took place at Lovelock Correctional Center. Jd. The Court has not yet set the Early Mediation Conference. —

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II. DISCUSSION A. Fed. R. Civ. P. 6(b)(1) allows this Court to extend deadlines. District courts have inherent power to control their dockets. Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cir 1992). Fed. R. Civ. P. 6(b)(1) governs enlargements of time and provides 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. “The proper procedure, when additional time for any purpose is needed, is to present to the Court a timely request for an extension before the time fixed has expired (i.e., a request presentec ] before the time then fixed for the purpose in question has expired).” Canup v. Miss. Valley Barge Lin Co., 31 F.R.D. 282, 283 (D.Pa. 1962). The Canup Court explained that “the practicalities of life” (suct ] as an attorney’s “conflicting professional engagements” or personal commitments such as vacations family activities, illnesses, or death) often necessitate an enlargement of time to comply with a cour deadline. Jd. Extensions of time “usually are granted upon a showing of good cause, if timely made. Creedon v. Taubman, 8 F.R.D. 268, 269 (D.Ohio 1947). The good cause standard considers a party’ diligence in seeking the continuance or extension. Johnson v. Mammoth Recreations, Inc., 975 F.2 604, 609 (9th Cir. 1992). B. Good cause exists to enlarge the stay and allow the parties to continue settlemen negotiations. In the present case, the 90-day stay expires before the date currently set for an Early □□□□□□□□□ Conference. It is appropriate that the Court’s timelines conform to the calendar realities. }/// /// /// W/// ///

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11. CONCLUSION The Court should enlarge the time for stay until one week past the currently set Early ] Mediation Conference. The 90-day Stay should be enlarged to one week past the date of the Early Mediation Conference. DATED this 24th day of July, 2019. Attorney General -

DENNIS W. HOUGH, Bar N6. 11995 Deputy Attorney General Attorneys for Defendants he IS SO ORDERED

MAGIST@ATE JUDGE DATED:

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I CERTIFICATE OF SERVICE I certify that I am an employee of the Office of the Attorney General, State of Nevada, and tha lion this 24th day of July, 2019, I caused to be served a copy of the foregoing, DEFENDANTS: MOTION FOR ENLARGEMENT OF STAY, by U.S. District Court CM/CFE Electronic Filing to: Flavio Moreno, #1049218 Care of LCC Law Librarian Lovelock Correctional Center 1200 Prison Road Lovelock, NV 89419 Icclawlibrary@doc.nv.gov \ / ! SE f | / pid ~ Loe IX. / An employee of the Office of the Attorney General