-PAL City Of North Las Vegas v. Clark County Nevada et al, No. 2:2011cv00944 - Document 37 (D. Nev. 2011)

Court Description: ORDER Granting 35 Motion to Extend Time to File Responsive Brief. Brief due by 7/12/2011. Signed by Judge Philip M. Pro on 7/1/11. (Copies have been distributed pursuant to the NEF - MMM) (Main Document 37 replaced on 7/1/2011) (MMM).

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-PAL City Of North Las Vegas v. Clark County Nevada et al 1 Doc. 37 DANIEL G. BOGDEN United States Attorney 2 6 BLAINE T. WELSH Assistant United States Attorney Nevada Bar No. 4790 333 Las Vegas Boulevard South, Suite 5000 Las Vegas, Nevada 89101 Phone: (702)388-6336 Fax: (702)388-6787 Email: blaine.welsh@usdoj.gov 7 Attorneys for the United States. 3 4 5 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 CITY OF NORTH LAS VEGAS, 12 13 14 15 16 Plaintiff, v. CLARK COUNTY, NEVADA; THE UNITED STATES OF AMERICA, Acting By and Through the Secretary of the Air Force; UNITED STATES DEPARTMENT OF THE AIR FORCE; and MICHAEL B. DONLEY, Secretary of the Air Force, 17 Defendants. 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: 2:11-cv-00944-PMP-PAL 19 20 UNOPPOSED MOTION FOR EXTENSION OF TIME (First Request) 21 22 Pursuant to Fed. R. Civ. P. 6(b)(1) and Local Rule 6-1, Defendants, the United States 23 of America, the United States Department of the Air Force, and Michael B. Donley, Secretary 24 of the Air Force (hereinafter collectively referred to as the “United States”) request that this 25 Court extend the deadline for the United States to “file a responsive memorandum regarding 26 this Court’s jurisdiction. . .” from July 5, 2011 to July 12, 2011. The primary reason for this Dockets.Justia.com 1 request is that counsel for the United States has not been able to review and digest the several 2 thousand pages of pleadings and papers filed in this case, coordinate with the United States Air 3 Force, or complete research on the many jurisdictional issues raised by the parties. This 4 motion is based upon the attached Memorandum of Points and Authorities. 5 6 Respectfully submitted this 30th day of June 2011. DANIEL G. BOGDEN United States Attorney 7 8 9 /s/ Blaine T. Welsh BLAINE T. WELSH Assistant United States Attorney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 1 2 MEMORANDUM OF POINTS AND AUTHORITIES I 3 Introduction and Background On June 9, 2011, the City of North Las Vegas sued Clark County Nevada and the 4 United States. (Document No. 1) On June 16, 2011, Clark County filed its Ex Parte Motion 5 for Temporary Restraining Order (Document No. 8) and on June 17, 2011, filed a document 6 styled “Suggestion that Subject Matter Jurisdiction is Wanting” (Document No. 13). The City 7 of North Las Vegas responded to Clark County’s Ex Parte Motion for Temporary Restraining 8 Order on June 20, 2011 (Document No.15). The Court heard argument on Clark County’s Ex 9 Parte Temporary Restraining Order on June 20, 2011. 10 Among other things, at the June 20, 2011 hearing, the Court expressed concerns as to 11 its jurisdiction to hear this case. Based on those concerns, the parties agreed to brief the 12 jurisdictional issues and a briefing schedule was set with deadlines for the City of North Las 13 Vegas and Clark County, Nevada. Although the United States was named a party, it had not 14 been served with the Complaint or any other paper in this case by the time of the June 20, 2011 15 hearing. As a result, the United States was not included in the briefing schedule. 16 After the June 20 hearing, the Court issued a Minute Order directing the City of North 17 Las Vegas to serve the United States by June 22, 2011, and ordered the United States to “file a 18 responsive memorandum regarding this Court’s jurisdiction on or before July 5, 2011” 19 (Document No. 17). 20 On June 22, 2011, a copy of the summons, complaint and the June 22, 2011 Minute 21 Order (Document No. 17) were served on the United States Attorney’s Office for the District 22 of Nevada. 23 II 24 25 Good Cause Exists for the Requested Extension Fed. R. Civ. P. 6(b)(1) provides, in part: When an act may or must be done within in a specified time, the court may, for good cause, extend the time, 26 3 1 (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; . . . 2 3 For the following reason, good cause exists to extend the July 5, 2011 deadline until 4 July 12, 2011. The United States has acted diligently to meet the existing deadline. From the 5 time the United States learned of the June 22, 2011 Minute Order until the present, counsel for 6 the United States has made a concerted effort to gather information about this case and prepare 7 the required response. Counsel has downloaded several hundred pages of pleadings, motions 8 and papers filed in this case and has reviewed some, but not all of them. In addition, 9 undersigned counsel has communicated with counsel for the United States Air Force 10 (“USAF”) about this case and the facts underlying it. Counsel for the USAF have provided 11 some background material and are working to provide additional information. In addition, 12 counsel has undertaken research on the numerous jurisdictional issues the United States is to 13 address. Despite these efforts, significant work still needs to be done before the United States 14 can adequately respond to the jurisdictional issues the other parties have raised. 15 In addition to work on this case, undersigned counsel has had to meet deadlines in a 16 number of other cases assigned to him and has had to attend to myriad administrative duties as 17 Civil Division Chief. 18 19 Further while it is a pleasure to celebrate Independence Day, that celebration takes away at least one day of the already short response period. 20 The United States respectfully submits that these reasons demonstrate good cause and 21 amply support its request that the July 5, 2011 deadline to respond be extended to July 12, 22 2011. 23 III Consultation with Opposing Counsel 24 Counsel for the City of North Las Vegas do not oppose the requested extension. 25 Similarly, counsel for Clark County, Nevada do not oppose the requested extension but asked 26 that counsel for the government indicate in this unopposed motion that Clark County does not 4 1 want this extension to impact the briefing on the motion to remand pending in the related case 2 captioned, Clark County v. City of North Las Vegas, 2:11-cv-01012-PMP-PAL. 3 IV 4 Conclusion The United States certifies that this motion is not submitted solely for the purpose of 5 delay or for any other improper purpose. Rather, despite diligent efforts to meet the current 6 deadline, the United States needs additional time to prepare the required responsive brief. For 7 the foregoing reasons, the current July 5, 2011 deadline should be extended to July 12, 2011. 8 9 Respectfully submitted this 30th day of June 2011. DANIEL G. BOGDEN United States Attorney 10 11 12 /s/ Blaine Welsh BLAINE T. WELSH Assistant United States Attorney 13 14 15 IT IS SO ORDERED: 16 17 18 UNITED STATES DISTRICT JUDGE/ UNITED STATES MAGISTRATE JUDGE 19 DATED: July 1, 2011. 20 21 22 23 24 25 26 5 1 PROOF OF SERVICE 2 I, Blaine T. Welsh, AUSA, certify that the following individual was served with the UNOPPOSED MOTION FOR EXTENSION OF TIME on this date by the below identified method of service: 3 4 Electronic Case Filing 5 Patrick G. Byrne Richard Gordon Casey G. Perkins Snell & Wilmer 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784-5201 FAX 702-784-5252 pbyrne@swlaw.com; rgordon@swlaw.com; cgperkins@swlaw.com 6 7 8 9 Attorneys for City of North Las Vegas 10 11 12 13 14 Christopher D. Figgins Laura Rehfeldt Clark County District Attorney’s Office Civil Division 500 S. Grand Central Pkwy 5th Floor P.O. Box 552215 Las Vegas, Nevada 89169 702-455-4761 FAX 702-382-5178 christopher.figgins@ccdanv.com; laura.rehfeldt@ccdanv.com 15 Attorneys for Clark County Nevada 16 20 Matthew J. Christian Alan J. Lefebvre Kolesar & Leatham 400 South Rampart Boulevard, Suite 400 3320 West Sahara Avenue, Suite 380 Las Vegas, Nevada 89145 702-362-7800 FAX 702-362-9472 mchristian@klnevada.com; alefebvre@klnevada.com 21 Attorneys for Clark County Nevada 17 18 19 22 23 DATED this 30th day of June 2011. 24 25 /s/ Blaine Welsh BLAINE T. WELSH Assistant United States Attorney 26 6

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