Opinion
Case No. 3:16-cv-00560-RCJ-VPC
11-17-2017
MICHAEL DAVID HISSUNG, Plaintiff, v. ROMEO ARANAS, et al., Defendants.
ADAM PAUL LAXALT Attorney General JOSHUA HALEN, Bar No. 13885 Deputy Attorney General State of Nevada Bureau of Litigation Public Safety Division 100 N. Carson Street Carson City, Nevada 89701-4717 Tel: (775) 684-1209 E-mail: jhalen@ag.nv.gov Attorneys for Isidro Baca, Candis Brockway, John Keast, and Karin Noll JOSHUA M. HALEN Deputy Attorney General Bureau of Litigation Public Safety Division Attorneys for Defendants
ADAM PAUL LAXALT
Attorney General
JOSHUA HALEN, Bar No. 13885
Deputy Attorney General
State of Nevada
Bureau of Litigation
Public Safety Division
100 N. Carson Street
Carson City, Nevada 89701-4717
Tel: (775) 684-1209
E-mail: jhalen@ag.nv.gov Attorneys for Isidro Baca, Candis
Brockway, John Keast, and Karin Noll
MOTION FOR EXTENSION OF THE 90 DAY STAY AND DEADLINE TO FILE THE 90 DAY STAY REPORT
Defendants Isidro Baca, Candis Brockway, John Keast, and Karin Noll, by and through counsel, Adam Paul Laxalt, Attorney General of the State of Nevada, and Joshua M. Halen, Deputy Attorney General, hereby submit this Motion for Extension of the 90 Day Stay and Deadline to file the 90 Day Stay Report. This Motion is based on the following memorandum of points and authorities, the papers and pleadings on file, and any other information the Court chooses to consider.
MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
On August 22, 2017, this Court entered its Screening Order, which stayed this matter for 90 days, pending settlement discussions between the parties. (Screening Order at 8:16-19, ECF No. 3.) The Court also ordered the Nevada Attorney General's Office to file a report regarding the result of the 90 day stay within 90 days of the Court's Screening Order. (Id. at 8:22-25.) Based on the Court's Order, the stay is set to expire on November 20, 2017, and the Report is due the same day.
On September 26, 2017, the Court entered its Order setting the Inmate Early Mediation Conference for November 28, 2017. (Order at 1, Sep. 26, 2017, ECF No. 6.) The date of the Inmate Early Mediation Conference falls after the 90 day stay expires. Accordingly, the Defendants respectfully request this Court extend the 90 day stay and the due date for the stay report until Thursday, November 30, 2017.
II. DISCUSSION
Fed. R. Civ. P. 6(b)(1) governs enlargements of time and states 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 a request for extension of time before the time fixed has expired. Canup v. Miss. Valley Barge Line Co., 31 F.R.D. 282, 283 (W.D. Pa. 1962). Extensions of time may always be asked for, and usually are granted on a showing of good cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 F.R.D. 268, 269 (N.D. Ohio 1947).
Good cause exists to extend the stay in this case because it will permit the parties to engage in the Early Mediation Conference on Tuesday, November 28, 2017, without Plaintiff being assessed a filing fee and without Defendants being required to prepare a response to Plaintiff's Complaint and the 90 day stay report. In addition, undersigned counsel for Defendants is attempting to contact Plaintiff in order to discuss the nature of his claims and his initial settlement demand. Extending the stay will provide the parties the opportunity to engage in informal and formal settlement discussions without the pressure of the litigation process. /// /// /// /// /// /// ///
III. CONCLUSION
Based on the foregoing, Defendants respectfully request that the Court enter an order extending the stay in this case and the deadline to file the 90 day stay report to Thursday, November 30, 2017.
DATED this 15th day of November, 2017.
ADAM PAUL LAXALT
Attorney General
By: /s/_________
JOSHUA M. HALEN
Deputy Attorney General
Bureau of Litigation
Public Safety Division
Attorneys for Defendants
IT IS SO ORDERED
/s/ _________
U.S. MAGISTRATE JUDGE
DATED: November 17 , 2017
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 November, 2017, I caused a copy of the foregoing, MOTION FOR EXTENSION OF THE 90 DAY STAY AND DEADLINE TO FILE THE 90 DAY STAY REPORT, to be served, by U.S. District Court CM/ECF Electronic Filing on the following:
Michael David Hissung #80301
Care of NNCC Law Librarian
Northern Nevada Correction Center
P.O. Box 7000
Carson City, NV 89702
lawlibrary@doc.nv.gov
/s/_________
An employee of the Office
of the Attorney General