Prentice et al v. State of Nevada et al, No. 2:2018cv01801 - Document 22 (D. Nev. 2020)
Court Description: ORDER Granting 21 Motion to Extend Time Re: 14 , 15 Motion for Preliminary Injunction. Responses due by 7/2/2020. Signed by Judge Andrew P. Gordon on 6/23/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Prentice et al v. State of Nevada et al 1 2 3 4 5 6 Doc. 22 AARON D. FORD Attorney General CHARLES D HOPPER (Bar No. 6346) Deputy Attorney General State of Nevada Office of the Attorney General 555 East Washington Avenue Suite 3900 Las Vegas, Nevada 89101 (702) 486-3655 (phone) (702) 486-3773 (fax) Email: CDHopper@ag.nv.gov 7 8 Attorneys for Defendants James Dzurenda and Brian Williams 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ANTHONY PRENTICE, Case No. 2:18-01801-APG-VCF Plaintiff, 12 13 v. 14 NEVADA STATE OF, et al., Defendants. 15 DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO PLAINTIFF’S EMERGENCY MOTION FOR PRELIMINARY INJUNCTIONS (ECF NOS. 14, 15) 16 ORDER 17 Defendants, James Dzurenda and Brian Williams, by and through counsel, Aaron 18 D. Ford, Nevada Attorney General, and Charles D Hopper, Deputy Attorney General, 19 hereby file a Motion for Extension of time to file their Oppositions to Plaintiff’s Motion for 20 Preliminary Injunction for Religious Diet (ECF No. 14) and for Religious Practice (ECF No. 21 15). In light of the exigent circumstances regarding the State of Nevada’s response and 22 directives regarding COVID-19, the Office of the Attorney General’s (OAG) response to the 23 directives, along with an unexpected network outage, Defendants respectfully request a 10 24 day extension to respond to Plaintiff’s Emergency Motions for Preliminary Injunctions (ECF 25 Nos. 14 and 15). 26 /// 27 /// 28 /// 30 Page 1 of 5 Dockets.Justia.com 1 2 MEMORANDUM OF POINTS AND AUTHORITIES I. RELEVANT BACKGROUND AND FACTS 3 On November 8, 2019, Plaintiff filed an Emergency Motion for Preliminary Injunction 4 for Religious Diet (ECF No. 14), and an Emergency Motion for Preliminary Injunction 5 Religious Practice (ECF No. 15). 6 On June 8, 2020, the Court entered an Order Regarding Briefing on Motion for 7 Preliminary Injunction, ordering Defendants to file a response to the ECF Nos. 14, 15, by 8 June 22, 2020. (See ECF No. 20.) 9 In light of the administrative obstacles at the Office of the Attorney General 10 (OAG), related to the State guidelines in response to COVID-19, which has affected 11 the effectiveness and responsiveness of communications among the Defendants, and the 12 OAG’s ability to efficiently obtain documents and evidence, Defendants request the extension. 13 An additional unexpected complication is an Internet outage affecting some state agencies 14 state-wide. 15 (indicating fiber optic cable was severed) a copy is attached as Exhibit A. 16 See e-mail dated June 22, 2020 from State of Nevada Enterprise IT Services Thus, Defendants respectfully request a ten (10) day extension of time from the current 17 deadline of June 22, 2020, to file responses to Plaintiff’s Motions on or before July 2, 2020.1 18 II. 19 20 DISCUSSION Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as follows: 21 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. 22 23 24 25 26 27 28 30 The Ninth Circuit’s COVID-19 Notice (as of 3/26/20) implies 60 days may be sufficient for brief filing extensions. The OAG believes 10 days to be sufficient in this case. 1 Page 2 of 5 1 “The district court is given broad discretion in supervising the pretrial phase of 2 litigation….” Zivkovic v. S. California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (citation 3 omitted). 4 Defendants assert that the requisite good cause is present to warrant the requested 5 extension of time. Defendants make the instant request in light of the current issues related 6 to COVID-19 including Nevada Governor Sisolak’s March 31, 2020 Declaration of Emergency 7 (Directive 010) – ‘Stay at Home Order’ and the Governor’s April 1, 2020 “Stay at Home” 8 directive. In response, the Office of the Attorney General (“OAG”) has directed all AOG 9 employees to comply with the Governor’s orders, limit in-office work and to stay at home 10 effective immediately while and until the OAG transitions to alternate, home-based working 11 arrangements. In light of those directives and due to the difficulties the instant circumstances 12 place on obtaining the necessary supporting documents, including declarations and 13 correspondence between the OAG and Defendants, Defendants respectfully request that the 14 Court extend the current deadline by 10 days, until July 2, 2020. The deadline to file replies 15 would likewise be extended until July 16, 2010. Defendants’ request for 10 days will not 16 hinder or prejudice Plaintiff’s or his case as he alleges to have been a practicing Qayin 17 Thelemite for more than 10 years “since his conversion in 2008.” (ECF No.13 at p. 34 of 55) 18 (Plaintiff’s page 32). 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 30 Page 3 of 5 1 III. CONCLUSION 2 For these reasons, Defendants respectfully request a ten (10) day extension to the 3 current deadline to respond to Plaintiff’s Emergency Motions for Preliminary Injunctions 4 (ECF Nos. 14, 15). 5 Proposed Schedule for Dispositive Deadline 6 Current Response Deadline June 22, 2020 7 Proposed Response Deadline July 2, 2020 8 DATED this 22nd day of June 2020. 9 AARON D. FORD Attorney General 10 11 By: 12 /s/ Charles D. Hopper CHARLES D. HOPPER, Bar No. 6346 Deputy Attorney General 13 Attorneys for Defendants 14 15 16 IT IS SO ORDERED: 17 18 ______________________________________ UNITED STATES DISTRICT JUDGE 19 20 6/23/2020 DATED:________________________ 21 22 23 24 25 26 27 28 30 Page 4 of 5 1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, 3 and that on June 22, 2020, I electronically filed the foregoing, DEFENDANTS’ MOTION 4 FOR 5 EMERGENCY MOTION FOR PRELIMINARY INJUNCTIONS (ECF NOS. 14, 15), 6 via this Court’s electronic filing system to the following: 7 8 9 EXTENSION OF TIME TO FILE OPPOSITION TO Anthony Prentice, #74880 C/o Law Librarian High Desert State Prison PO Box 650 Indian Springs, NV 89070 HDSP_lawlibrary@doc.nv.gov 10 Plaintiff, Pro Se 11 12 13 /s/ Caitie Collins An employee of the Office of the Nevada Attorney General 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 Page 5 of 5 PLAINTIFF’S EXHIBIT A E-mail dated June 22, 2020 from State of Nevada Enterprise IT Services EXHIBIT A From: To: Cc: Subject: Date: Attachments: Importance: Sandra L. Geyer EveryoneCarson Melissa K. Mendoza; Jennifer L. Ross FW: Enterprise IT Services – Notification - Network Issues *Update* Monday, June 22, 2020 2:22:46 PM image002.png High Please see the essage fro EITS. Fro : Outside Age cy List <OUTSIDEAGENCIES@LISTSERV.STATE.NV.US> O Behalf Of State E ail Ad i Se t: Mo day, Ju e , : PM To: OUTSIDEAGENCIES@LISTSERV.STATE.NV.US Su je t: E terprise IT Ser ices – Notificatio - Net ork Issues *Update* I porta e: High Enterprise IT Services – Notification - Network Issues *Update* Outage Des riptio The fiber cut has been identified and is due to a severed utility power line. Fiber restoration efforts are pending the utility provider restoration to ensure the area is safe to work in. We will continue working on this and will send updates as they are received and needed for this event. Thank you for your time and patience Affe ted Users Everyone State Audie e Everyone State User A tio N/A Ne t Update N/A If you have any questions or problems, please contact the POC below and we can assist you. Poi t of Co ta t EITS Help Desk: eitshelp@admin.nv.gov 775-684-4333 Tha k ou – EITS Help Desk EITS Clie t Servi es – Help Desk State of Ne ada | Depart e t of Ad i istratio | Di isio of E terprise IT Ser ices T: . | F: . | E: EITShelp@ad i . .go Website: http://it.nv.gov/Helpdesks -- Request Portal: https://helpdesk.nv.gov/HEAT //ace To unsubscribe from the OUTSIDEAGENCIES list, click the following link: ? TICKET=NzM3NjI4IFNHZXllckBBRy5OVi5HT1YgT1VUU0lERUFHRU5DSUVTII%2FDRhBVksOR&c=SIGNOFF
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