Morgan Osborne v. Sarah, et al.

Opinion

1 A AAtRtoOrNne Dy .G FeOneRrDal 2 CECELIA J. BLUE, Bar No. 17031C Deputy Attorney General 3 State of Nevada 100 N. Carson Street 4 Carson City, Nevada 89701-4717 Tel: (775) 684-1114 5 E-mail: cblue@ag.nv.gov 6 Attorneys for Interested Party, Nevada Department of Corrections 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 MORGAN OSBORNE, Case No. 3:25-CV-00132-MMD-CLB 11 Plaintiff, ORDER GRANTING MOTION FOR 12 v. AN EXTENSION OF TIME TO FILE EARLY MEDIATION CONFERENCE 13 SARAH, et al., STATEMENT 14 Defendants. [ECF No. 12] 15 Interested Party, the Nevada Department of Corrections, by and through Aaron D. 16 Ford, Attorney General for the State of Nevada, and Cecelia J. Blue, Deputy Attorney 17 General, Office of the Attorney General, hereby move this Honorable Court for an 18 extension of time for the Early Mediation Conference Statement to February 10, 2026. 19 MEMORANDUM OF POINTS AND AUTHORITIES 20 I. FACTUAL ANALYSIS 21 This is a 42 U.S.C § 1983 civil rights claim brought by Morgan Osborne 22 (“Osborne”). This Court ordered the Early Mediation Conference (“EMC”) Statement due 23 to the mediator by February 3, 2026, and the EMC to take place on February 17, 2026. 24 ECF No. 10. Deputy Attorney General Mark Hackmann (“DAG Hackmann”) permanently 25 left the Office of the Attorney General, and this case is one of several cases previously 26 assigned to DAG Hackmann reassigned to Deputy Attorney General Cecelia Blue (“DAG 27 Blue”). DAG Blue needs time to complete the review and abstraction of the electronic file 28 in this matter and prepare the EMC Statement. 1 2 Statement submission. Interested Party requests the EMC Statement deadline be 3 extended to February 10, 2026. This is Interested Party’s first request to extend the EMC 4 Statement deadline. 5 II. ARGUMENT 6 Interested Party respectfully request an extension of the EMC Statement deadline 7 in this case. Interested Party’s previous attorney in this matter, DAG Hackmann, is no 8 longer with the OAG; as a result, undersigned counsel is now assigned to this case along 9 with several others from DAG Hackmann. Undersigned counsel, DAG Blue, requests the 10 time to finish reviewing and abstracting the case file in this matter and preparing the 11 EMC Statement. 12 Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, in relevant part, 13 that “When an act may or must be done within a specified time, the court may, for good 14 cause, extend the time: (A) with or without motion or notice if the court acts, or if a 15 request is made, before the original time or its extension expires….” If additional time for 16 any purpose is needed, the proper procedure is to present a request for extension of time 17 before the time fixed has expired. Canup v. Mississippi Val. Barge Line Co., 31 F.R.D. 282 18 (W.D. Pa. 1962). An extension of time may always be sought and is usually granted on a 19 showing of good cause if timely made under subdivision (b)(1) of [FRCP 6]. Creedon v. 20 Taubman, 8 F.R.D. 268 (N.D. Ohio 1947). Also, a district court possesses the inherent 21 power to control its own docket. Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 22 F.2d 1428, 1429 (9th Cir. 1990); Olivia v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). 23 LR IA 6-1 additionally requires that a motion to extend time must state the 24 reasons for the extension requested and will not be granted if requested after the 25 expiration of the specified period unless the movant demonstrates that the failure to file 26 the motion before the deadline expired resulted because of excusable neglect. LR 26-3 27 requires that a motion to extend any date set by the discovery plan, scheduling order, or 28 other order must, as well as satisfying the requirements of LR IA 6-1, demonstrate good 1 ||cause for the extension, and such a motion filed after the expiration of the deadline will 2 be granted unless the movant demonstrates that the failure to act resulted from 3 || excusable neglect. 4 Interested Party’s Counsel needs time to finish reviewing and abstracting the case 5 |\file, as well completing the EMC Statement and submitting it with any necessary 6 supporting documentation. Interested Party asserts the requisite good cause is present to 7 || warrant the requested extension of time. 8 A. Proposed Schedule for EMC Statement 9 Event Existing Deadline Proposed New Deadline 10 ll EMC Statement Deadline February 3, 2026 February 10, 2026 12 CONCLUSION 13 Interested Party respectfully request this Honorable Court extend the deadline for 14 ||the EMC Statement submission in the instant matter to February 10, 2026. Interested 15 || Party asserts the requisite good cause is present to warrant an extension of time. 16 DATED this 3rd day of January 2026. 17 AARON D. FORD Attorney General 18 19 By: /s/ Cecelia J. Blue CECELIA J. BLUE, Bar No. 17031C 20 Deputy Attorney General 21 Attorneys for Interested Party 22 ORDER 23 For good cause appearing, Interested Party's motion to extend the deadline to file its 24 ||EMC statement is GRANTED. Interested Party shall file its EMC statement on or before February 10, 2026. IT IS SO ORDERED. 26 DATED: February 3, 2026 27 *

UNITED STATES MAGISTRATE JUDGE