Kamedula v. Carr et al, No. 3:2018cv00544 - Document 60 (D. Nev. 2020)
Court Description: ORDER granting ECF No. 59 Motion. Responses to ECF Nos. 57 and 58 Motions to Compel due by 8/28/2020. Signed by Magistrate Judge Carla Baldwin on 8/13/2020. (Copies have been distributed pursuant to the NEF - LW)
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Kamedula v. Carr et al Doc. 60 Case 3:18-cv-00544-MMD-CLB Document 60 Filed 08/13/20 Page 1 of 7 1 2 3 4 5 6 7 8 9 AARON D. FORD Attorney General PETER E. DUNKLEY, Bar No. 11110 Deputy Attorney General State of Nevada Public Safety Division 100 N. Carson Street Carson City, NV 89701-4717 Tel: (775) 684-1259 E-mail: pdunkley@ag.nv.gov Attorneys for Defendants Renee Baker, Dwayne Baze, David Carpenter, Ian Carr, Stephen Clark, Daniel Collier, Ray East Pamela Feil, Joseph Ferro, Tim Garrett, Valaree Olivas, William Sandie, Nathan Wake, and Harold Wickham 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 BRIAN KAMEDULA, 14 Case No. 3:18-cv-00544-MMD-CLB Plaintiff, 15 vs. 16 IAN CARR, et al., 17 DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS TO COMPEL (ECF Nos. 57, 58) (First Request) Defendants. 18 Defendants, Renee Baker, Dwayne Baze, David Carpenter, Ian Carr, Stephen Clark, 19 Daniel Collier, Ray East, Pamela Feil, Joseph Ferro, Tim Garrett, Valaree Olivas, William 20 Sandie, Nathan Wake, and Harold Wickham, by and through counsel, Aaron D. Ford, 21 Attorney General of the State of Nevada, and Peter E. Dunkley, Deputy Attorney General, 22 hereby request a 16-and 14-day extensions, respectively, until August 28, 2020, to respond 23 to Plaintiff’s Motions to Compel (ECF Nos. 57, 58). MEMORANDUM OF POINTS AND AUTHORITIES 24 25 I. BACKGROUND AND FACTS 26 Defendants respectfully request 16- and 14-day extensions of time from the current 27 deadlines of August 12 and 14, 2020, to respond to Plaintiff’s Motions to Compel. As noted 28 previously, Plaintiff has propounded multiple sets of discovery to the fourteen Defendants 1 Dockets.Justia.com Case 3:18-cv-00544-MMD-CLB Document 59 60 Filed 08/12/20 08/13/20 Page 2 of 5 7 1 totaling no less than 96 interrogatories, 972 requests for admission, and 103 requests for 2 production of documents. On July 7, 2020, Plaintiff and the undersigned had a conference 3 call regarding the requests for production of documents at issue in Plaintiff’s Motions to 4 Compel. During the call, the undersigned told Plaintiff he believed he would be able to 5 provide a status and/or supplement by July 24, 2020. However, on Sunday, July 19, 2020, 6 the undersigned received notice from the Office of Attorney General regarding a possible 7 exposure to COVID-19, and was notified not to return to the Office until after receiving a 8 negative test result. On July 28, 2020, the undersigned received a (negative) test result, and 9 was cleared to return to the office. On July 28, 2020, the undersigned sent a letter to Plaintiff 10 indicating that he was unable to update Plaintiff by July 24th but that he would do so when 11 he could. (Exhibit A.) Apparently, the letter to Plaintiff crossed in the ethers with Plaintiff’s 12 Motions to Compel, which were filed on July 29 and 31, 2020. 13 In light of the COVID-19 related administrative procedural complications within the 14 State of Nevada, and at the Office of the Attorney General (OAG), good cause exists for 15 Defendants’ request for an extension.1 16 II. 17 18 DISCUSSION Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as follows: 19 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. 20 21 22 Fed. R. Civ. P. 6(b)(1). Additionally, “The district court is given broad discretion in 23 supervising the pretrial phase of litigation….” Zivkovic v. S. California Edison Co., 302 F.3d 24 1080, 1087 (9th Cir. 2002) (citation omitted). See also, Laub v. U.S. Dep't of Interior, 342 F.3d 25 1080, 1093 (9th Cir.2003) (noting the district court's broad discretion in discovery matters). 26 In this case, Defendants asserts that the requisite good cause is present to warrant the 27 requested extension of time. In addition to the Motions to Compel, Plaintiff has propounded 28 1 Defendants are not waiving the right to seek a protective order if necessary. 2 Case 3:18-cv-00544-MMD-CLB Document 59 60 Filed 08/12/20 08/13/20 Page 3 of 5 7 1 1,171 discrete discovery requests to multiple defendants responding in various capacities. In 2 addition to the sheer number of discrete requests to the Defendants, Defendants make the 3 instant request in light of the ongoing productivity obstacles related to COVID-19, including 4 Nevada Governor Sisolak’s many emergency declarations, beginning on March 15, 2020, and 5 then the March 31, 2020 Declaration of Emergency (Directive 010) – ‘Stay at Home Order’ -- 6 and the Governor’s subsequent extensions and additional directives and clarifications. In 7 response to COVID-19 and the Governor’s Directives, the OAG has directed all OAG 8 employees to comply with the Governor’s orders, limit in-office work and stay at home while 9 and until the OAG implements and transitions to alternate, home-based working 10 arrangements or the COVID-19 restrictions are lifted. Currently, the OAG is restricting the 11 in-office attendance of employees to 25% of capacity for all staff. In addition to the OAG office 12 restrictions, the undersigned was unable to be in-office, where physical document access and 13 review is possible, at any time from July 20 through July 28. 14 In light of the administrative directives, and due to the difficulties the instant 15 circumstances place on obtaining and reviewing the necessary supporting documents, and 16 difficulty corresponding between the OAG and Defendants, Defendants respectfully request 17 that the Court extend the deadlines to respond to the Motions to Compel until August 28, 18 2020. Defendants’ request will not hinder or prejudice Plaintiff’s case. Close of discovery is 19 currently set for October 5, 2020 (ECF No 53). The requested extension of time will not 20 change the scheduling order and should permit sufficient time to overcome the administrative 21 and procedural obstacles created by the response to COVID-19, and to evaluate responses to 22 the substance of Plaintiff’s requests, possibly eliminating or at least reducing the need for the 23 Motions to Compel. 24 Finally, the OAG and Plaintiff have productively conferred in prior discovery issues, 25 see, e.g., ECF No. 53. While the OAG has not conferred with Plaintiff regarding his Motions 26 to Compel, the OAG remains hopeful that future conferences will nevertheless be productive, 27 and minimize the need for Court intervention. 28 /// 3 Case 3:18-cv-00544-MMD-CLB Document 59 60 Filed 08/12/20 08/13/20 Page 4 of 5 7 1 III. CONCLUSION 2 For the above reasons, Defendants respectfully requests extensions until August 28, 3 2020, to permit sufficient time for Defendants to respond to Plaintiff’s Motions to Compel, as 4 set forth below: 5 6 7 8 9 10 Proposed Schedule for Responding to Plaintiff’s Motions To Compel Proposed Deadline for the currently outstanding Motions to Compel: August 28, 2020. DATED this 12th day of August 2020. AARON D. FORD Attorney General By: 11 /s/ Peter E. Dunkley PETER E. DUNKLEY, Bar No. 11110 Deputy Attorney General 12 Attorneys for Defendants 13 14 IT IS SO ORDERED: 15 16 ___________________________________ U.S. MAGISTRATE JUDGE 17 August 13, 2020 DATED:________________________ 18 19 20 21 22 23 24 25 26 27 28 4 Case 3:18-cv-00544-MMD-CLB Document 59 60 Filed 08/12/20 08/13/20 Page 5 of 5 7 1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the Office of the Attorney General, State of Nevada, 3 and that on this 12th day of August, 2020, I caused a copy of the foregoing, 4 DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND TO 5 MOTIONS TO COMPEL (First Request), to be served, by U.S. District Court CM/ECF 6 Electronic Filing on the following: 7 Brian Kamedula #24627 Care of LCC Law Librarian Lovelock Correctional Center 1200 Prison Road Lovelock, NV 89419 lcclawlibrary@doc.nv.gov 8 9 10 11 12 13 ____________________ An employee of the Office of the Attorney General 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Case3:18-cv-00544-MMD-CLB 3:18-cv-00544-MMD-CLB Document Document59-1 60 Filed Case Filed08/13/20 08/12/20 Page Page61ofof72 Case3:18-cv-00544-MMD-CLB 3:18-cv-00544-MMD-CLB Document Document59-1 60 Filed Case Filed08/13/20 08/12/20 Page Page72ofof72
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