Opinion
2:18-cv-00449-RFB-VCF
11-23-2022
ROGER RANDOLPH, Petitioner, v. RENEE BAKER, et al., Respondents.
AARON D. FORD Attorney General Erica Berrett (Bar. No. 13826) Senior Deputy Attorney General State of Nevada Office of the Attorney General Attorneys for Respondents
AARON D. FORD
Attorney General
Erica Berrett (Bar. No. 13826)
Senior Deputy Attorney General
State of Nevada
Office of the Attorney General
Attorneys for Respondents
UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE REPLY TO OPPOSITION TO RENEWED MOTION TO DISMISS (ECF NO. 68) (FIRST REQUEST)
RICHARD E. BOULWARE, II, UNITED STATES DISTRICT COURT
Respondents move this Court for an enlargement of time of sixty (60) days from the current due date of November 21, 2022, up to and including January 20, 2023, in which to file their reply to Randolph's Opposition to Renewed Motion to Dismiss Second Amended Petition (ECF No. 68). This Motion is made pursuant to FED. R. CIV. P. 6(B) AND RULE 6-1 OF THE LOCAL RULES OF PRACTICE AND IS BASED UPON THE ATTACHED DECLARATION OF COUNSEL. THIS IS THE FIRST ENLARGEMENT OF TIME SOUGHT BY RESPONDENTS TO FILE A REPLY TO OPPOSITION TO RENEWED MOTION TO DISMISS, AND THE REQUEST IS BROUGHT IN GOOD FAITH AND NOT FOR THE PURPOSE OF DELAY.
DECLARATION OF ERICA BERRETT
I, ERICA BERRETT, being first duly sworn under oath, depose and state as follows:
1. I am an attorney licensed to practice law in all courts within the State of Nevada and am employed as a Senior Deputy Attorney General in the Office of the Nevada Attorney General. I am responsible to represent Respondents in Roger Randolph v. Renee Baker, et al., Case No. 2:18-cv-00449-RFB-VCF, and as such, have personal knowledge of the matters contained herein.
2. This Motion is made in good faith and not for the purpose of delay.
3. The reply to Randolph's Opposition to Renewed Motion to Dismiss Second Amended Petition (ECF No. 68) is currently due November 21, 2022. I have been unable with due diligence to timely complete the reply.
4. Respondents were initially given only seven days to file this reply, in accordance with the local rules. See ECF No. 33 at 2. During this period, I have largely spent my time working on an amended answer in capital habeas matter Guy v. Baca, 2:11-cv-01809-APG-NJK, among other federal habeas matters. Looking forward, I need to continue to work on the answer in the capital habeas matter, Byford v. Reubart, et al., 3:11-cv-00112-JCM-CSD, which is now on a fifth extension, due December 30, 2022, and for which the Court has indicated it is unlikely to grant further extensions. Moreover, I have an oral argument set on December 9, 2022, in the Ninth Circuit Court of Appeals for Kelsey v. Baker, 22-15557, 3:18-cv-00174-MMD-CLB, for which I have been preparing and need to continue my preparations.
5. In addition to these case-related responsibilities, my administrative responsibilities as a Senior Deputy have been especially time-consuming in recent months, as we have continued to have turnover within the Nevada Attorney General's Post-Conviction Division, and I am responsible for case assignment and reassignment for the large majority of federal habeas cases in the Division. I am also responsible to review the pleadings of multiple Deputies.
6. I have contacted Petitioner's counsel regarding this request for enlargement of time, and she does not oppose.
7. Based on the foregoing, I respectfully request an enlargement of time of sixty (60) days, up to and including January 20, 2023, to file the reply.
I declare under penalty of perjury that the foregoing is true and correct.
IT IS SO ORDERED: