Opinion
2:16-cv-02637-RFB-NJK
04-17-2023
HECTOR LEONARD JARDINE, Petitioner(s), v. BRIAN WILLIAMS, et al., Respondent(s).
AARON D. FORD Attorney General GERRI LYNN HARDCASTLE (Bar No. 13142) Deputy Attorney General State of Nevada Office of the Attorney General Attorney for Respondents
AARON D. FORD
Attorney General
GERRI LYNN HARDCASTLE (Bar No. 13142)
Deputy Attorney General State of Nevada
Office of the Attorney General
Attorney for Respondents
UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO ANSWER THE REMAINING CLAIMS IN JARDINE'S AMENDED PETITION FOR WRIT OF HABEAS CORPUS (FIRST REQUEST)
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
Respondents, by and through counsel, Aaron D. Ford, Attorney General of Nevada, and Gerri Lynn Hardcastle, Deputy Attorney General, move this Court for an enlargement of time of sixty days, or up to and including Tuesday, June 13, 2023, to file and serve their answer to the remaining claims in Petitioner Hector Jardine's (Jardine) amended petition for writ of habeas corpus. ECF No. 28.
This motion is based on the provisions of Rule 6(b)(1)(A) of the Federal Rules of Civil Procedure and the attached declaration of counsel, as well as all other pleadings and papers on file herein.
This is Respondents' first request for an enlargement of time to file and serve their answer to the remaining claims in Jardine's amended petition. Respondents make this motion in good faith and not for the purpose of unnecessary delay.
DECLARATION OF COUNEL (IN SUPPORT OF UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO ANSWER THE REMAINING CLAIMS IN JARDINE'S AMENDED PETITION FOR WRIT OF HABEAS CORPUS (FIRST REQUEST))
I, Gerri Lynn Hardcastle, hereby state, based on personal knowledge and/or information and belief, that the assertions in this declaration are true:
1. I am a Deputy Attorney General in the Post-Conviction Division of the Nevada Attorney General's Office, and I am assigned to represent Respondents in this matter. I make this declaration in support of Respondents' unopposed motion for enlargement of time to answer.
2. By this motion, I am requesting an enlargement of time of sixty days, or up to and including Tuesday, June 13, 2023, to answer the remaining claims in Jardine's amended petition. ECF No. 28. This enlargement of time is necessary for me to effectively represent the Respondents' interests. This is my first request for an enlargement of time to answer.
3. The answer is due tomorrow, April 14, 2023.
4. I am unfortunately unable to complete the answer in accordance with the Court's deadline. In addition to completing customary day-to-day tasks, I have been extraordinarily busy recently because the Post-Conviction of the Office of the Attorney General is understaffed by two deputies. I have consequently become responsible for several additional cases, and these responsibilities prevent me from completing the answer.
5. I exchanged emails with Assistant Federal Public Defender Margaret Lambrose earlier today, and she does not oppose the proposed enlargement of time.
6. This motion for enlargement of time is made in good faith and not for the purpose of unduly delaying the ultimate disposition of this case.
7. Pursuant to 28 U.S.C. § 1746, I hereby certify, under penalty of perjury, that the foregoing is true and correct.
IT IS SO ORDERED.