Opinion
3:22-cv-00152-MMD-CLB
11-16-2022
TERRENCE DAVIS, Plaintiff, v. KLEER, Defendants.
AARON D. FORD Attorney General SHERYL SERREZE (Bar No. 12864) Deputy Attorney General Attorneys for Interested Party Nevada Department of Corrections
AARON D. FORD Attorney General SHERYL SERREZE (Bar No. 12864) Deputy Attorney General Attorneys for Interested Party Nevada Department of Corrections
ORDER GRANTING
MOTION TO EXTEND 90-DAY STAY (SECOND REQUEST)
Interested Party, Nevada Department of Corrections (“NDOC”), by and through undersigned counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Sheryl Serreze, Deputy Attorney General, hereby requests this Honorable Court grant an extension of the 90-day stay of proceedings in this matter for an additional thirty (30) days, to and including December 19, 2022. This is movant's second motion for an extension of the stay.
This motion is based upon the following memorandum of points and authorities, as well as all pleadings, documents, and exhibits on file in this matter.
MEMORANDUM OF POINTS AND AUTHORITIES
I. FACTUAL AND PROCEDURAL BACKGROUND
This pro se prisoner civil rights action was brought by Plaintiff Terrance Davis (“Davis”) asserting claims pursuant to 42 U.S.C. § 1983. ECF No. 3 at 1:11-13. The Court allowed Davis to proceed with a single First Amendment claim for retaliation against Proposed Defendant Macelen Kleer (“Kleer”). Id. at 6:15-16. Davis sued for events that allegedly took place while Davis was incarcerated within the NDOC at Ely State Prison (“ESP”). Id at 3:14-16.
At the time the Court screened Davis' Complaint, the Court also put in place a 90-day stay to “allow [Plaintiff] and [Defendant] an opportunity to settle their dispute before the $350.00 filing fee is paid, and answer is filed, or the discovery process begins.” ECF No. 3 at 6:22-24. The Screening Order also directed the Office of the Attorney General (“OAG”) to file a report ninety days after the screening order to indicate the status of the case at the end of the stay. ECF No. 3 at 7:1-4.
The OAG submitted its report on October 14, 2022, informing the Court that after a mediation on October 11, 2022, the Parties were able to reach a successful settlement agreement. ECF No. 9. The OAG also sought an extension of the stay up to and including November 17, 2022, which was granted. ECF Nos. 10, 11.
The OAG prepared the settlement agreement and now has the fully executed agreement in its possession. Unfortunately, prior counsel's last day in the NDOC litigation division was November 10, 2022, and undersigned counsel is substituting into the case simultaneously herewith.
The requested additional 30-day extension will give new counsel the opportunity to confirm that NDOC has fully complied with all terms of the agreement.
II. LEGAL ARGUMENT
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 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 OAG submits that this motion will not hinder or prejudice Davis' case as the matter has been settled and the OAG is requesting only a short extension up to and including December 19, 2022 in order to confirm that NDOC has fully complied with all terms of the settlement agreement.
III. CONCLUSION
Good cause exists to further extend the 90 day stay of proceedings in this matter and Interested Party, Nevada Department of Corrections, respectfully requests the Court extend the stay for an additional thirty (30) days, to and including December 19, 2022.
IT IS SO ORDERED.