Opinion
Case No. 3:19-cv-00046-MMD-WGC
12-21-2020
JAMAL DAMON HENDRIX, Plaintiff, v. S. ROSE, et al., Defendants.
AARON D. FORD Attorney General DOUGLAS R. RANDS, Bar No. 3572 Senior Deputy Attorney General State of Nevada Public Safety Division 100 N. Carson Street Carson City, Nevada 89701-4717 Tel: (775) 684-1150 E-mail: drands@ag.nv.gov Attorneys for Defendants Michael Adams, Eric Delafontaine Denita Munster, Sandra Rose-Thayer and Melissa Travis
AARON D. FORD
Attorney General
DOUGLAS R. RANDS, Bar No. 3572
Senior Deputy Attorney General
State of Nevada
Public Safety Division
100 N. Carson Street
Carson City, Nevada 89701-4717
Tel: (775) 684-1150
E-mail: drands@ag.nv.gov Attorneys for Defendants
Michael Adams, Eric Delafontaine
Denita Munster, Sandra Rose-Thayer
and Melissa Travis
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT
Defendants, Michael Adams, Eric Delafontaine, Denita Munster, Sandra Rose-Thayer and Melissa Travis, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Douglas R. Rands, Senior Deputy Attorney General, hereby move this Court for an extension of time file a Motion for Summary Judgment. This Motion is made and based upon Federal Rule of Civil Procedure 6(b)(1)(A), the attached Points and Authorities, the papers and pleadings on file herein, and such other and further information as this Court may deem appropriate.
MEMORANDUM OF POINTS AND AUTHORITIES
I. ARGUMENT
This is a pro se prisoner civil rights action brought by inmate Jamal Damon Hendrix (Plaintiff) (#1083418), asserting claims arising under 42 U.S.C. § 1983 against multiple Defendants for events that took place while incarcerated by Nevada Department of Corrections at Ely State Prison (ESP). ///
Pursuant to the Court's Screening Order (ECF No. 3) on the Complaint (ECF No. 5), the Court parsed the surviving allegations into nine discrete claims which fall into the following categories: (1) First Amendment Retaliation (Counts 1, 2, 3, 6, 7); (2) equal protection (Counts 2, 4); deliberate indifference (Count 5); and free exercise of religion (Count 7).
On August 25, 2020, this Court issued a Scheduling Order, setting forth the discovery deadlines and dispositive motion deadlines. Dispositive motions are due December 23, 2020. (ECF No. 25 at 4:11-13). Neither party has sought to extend those deadlines.
On Friday, December 5, 2020, the office of the Attorney General lost a Deputy Attorney General. Due to the holiday season, she has not yet been replaced. Interviews are ongoing, and it is hoped a replacement will be hired shortly. However, in the interim, Counsel substituted in on her case load in order to maintain the continuity of representation. Due to this, Counsel has 3 Early Mediation statements and a Settlement brief in Quintero v Aranas, 3:17-cv-00066-MMD-CLB due by the 23rd of December. Additionally, Counsel has a Settlement Conference set before this Court on Tuesday, December 22, 2020 in Gadsden v Donnelly, 3:17-cv-00728-MMD-CLB. While Counsel does not normally request an extension based primarily on case load, this is an exceptional circumstance. Therefore, a short extension of time is requested.
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.
Defendants' request is timely and will not hinder or prejudice Plaintiff's case, but will allow for a thorough opportunity to review the case through Summary Judgment. The requested extension of time should permit the Defendants to file a well-researched and proper Motion for Summary Judgment in this case. In light of the short time from the departure of the other deputy, it is respectfully asserted that a short extension is warranted. /// /// ///
II. CONCLUSION
Defendants asserts that the requisite good cause and extenuating circumstance is present to warrant the requested extension of time. Therefore, the Defendants requests an extension, until January 25, 2021, to file their Motion for Summary Judgment.
DATED this 21st day of December, 2020.
AARON D. FORD
Attorney General
By: /s/_________
DOUGLAS R. RANDS
Sr. Deputy Attorney General
Attorneys for Defendant IT IS SO ORDERED. DATED: December 22, 2020.
/s/_________
UNITED STATES MAGISTRATE JUDGE