Opinion
Case No. 3:19-cv-00053-MMD-WGC
08-25-2020
RAKIM CADDELL, Plaintiff, v. WILLIAM GITTERE, et al., Defendants.
AARON D. FORD Attorney General MEREDITH N. BERESFORD, Bar No. 13308 Deputy Attorney General State of Nevada Public Safety Division 100 N. Carson Street Carson City, NV 89701-4717 Tel: (775) 684-1120 E-mail: mberesford@ag.nv.gov Attorneys for Defendants Miguel Sandoval
AARON D. FORD
Attorney General
MEREDITH N. BERESFORD, Bar No. 13308
Deputy Attorney General
State of Nevada
Public Safety Division
100 N. Carson Street
Carson City, NV 89701-4717
Tel: (775) 684-1120
E-mail: mberesford@ag.nv.gov Attorneys for Defendants
Miguel Sandoval
ORDER GRANTING MOTION FOR EXTENSION OF DISPOSITIVE MOTION DEADLINE 60 DAYS
Defendant, Miguel Sandoval, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Meredith N. Beresford, Deputy Attorney General, hereby files this Motion for Extension of Dispositive Motion Deadline 60 days. This motion is based on Federal Rule of Civil Procedure 6(b)(1)(A), the following Memorandum of Points and Authorities, and all papers and pleadings on file in this action.
MEMORANDUM OF POINTS AND AUTHORITIES
I. ARGUMENT
Defendants respectfully request an extension of time to October 23, 2020 to file dispositive motions from the current deadline of August 24, 2020, set forth in the Court's previous Order(ECF No. 26). Counsel previously informed the Court that DAG Beresford and Counsel for Plaintiff are engaged in settlement discussions. DAG Beresford is requesting the Court extend the dispositive motion deadline an additional 60 days to allow for fruitful negotiations. An initial offer has been made; however, DAG Beresford anticipates negotiations prior to any firm agreement. Additionally, Counsel for Plaintiff needs to file a Notice of Appearance and was unavailable for discussions last week.
Federal Rule of Civil Procedure 6(b)(1) governs extensions 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 fi 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 requested extension of time should afford Defendants adequate time to prepare and file a motion for summary judgment in this case as well as engage in good faith settlement negotiations with Plaintiff.
For these reasons, Defendants respectfully request a 60-day extension of time from the current deadline to file a motion for summary judgment in this case, with a new deadline to and including Friday, October 23, 2020. Likewise, Defendants respectfully request that the Court revise the deadline for the joint pretrial order to be modified accordingly as set forth below. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
Schedule for Remaining Deadlines
| Dispositive motion deadline | October 23, 2020 |
|---|---|
| November 23, 2020 |
Or 30 days after the decision of any pending dispositive motions.
DATED this 24th day of August, 2020.
AARON D. FORD
Attorney General
By: /s/Meredith N . Beresford
MEREDITH N. BERESFORD, Bar No. 13308
Deputy Attorney General
Attorneys for Defendants
There shall be no further extensions granted barring unforeseen and extenuating circumstances.
IT IS SO ORDERED.
/s/ _________
UNITED STATES MAGISTRATE JUDGE
DATED: August 25, 2020