Donald E. Mitchell Jr v. State of Nevada Department of Corrections et al, No. 2:2017cv00986 - Document 23 (D. Nev. 2019)
Court Description: ORDER Granting 19 , 20 Motions to Extend Time re 11 Scheduling Order. Motions due by 8/2/2019. Signed by Magistrate Judge Brenda Weksler on 7/10/2019. (Copies have been distributed pursuant to the NEF - MR)
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Donald E. Mitchell Jr v. State of Nevada Department of Corrections et al 1 2 3 4 5 6 7 Doc. 23 AARON D. FORD Attorney General JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General State of Nevada Office of the Attorney General 555 East Washington Ave., #3900 Las Vegas, Nevada 89101 (702) 486-3177 (phone) (702) 486-3773 (fax) E-mail: jmfrost@ag.nv.gov Attorneys for Defendants Devona Jimenez and Patrick Moreda 8 9 10 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 DONALD E. MITCHELL, JR., Case No. 2:17-cv-00986-JAD-BNW Plaintiff, 15 DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO FILE SUMMARY JUDGMENT MOTION 16 vs. 17 STATE OF NEVADA, ex rel, (Second Request) Defendants. 18 19 20 Defendants Devona Jimenez (Troutman) and Patrick Moreda, by and through 21 counsel, Aaron D. Ford, Nevada Attorney General, and Jared M. Frost, Senior Deputy 22 Attorney General, hereby move for an additional thirty (30) day extension of time to file a 23 summary judgment motion. Defendants’ motion is made and based on Rule 6 of the Federal 24 Rules of Civil Procedure, the following memorandum of points and authorities, the attached 25 Declaration of Counsel, the pleadings and papers on file, and any other evidence the Court 26 deems appropriate to consider. 27 /// 28 /// 30 Page 1 of 4 Dockets.Justia.com Case 2:17-cv-00986-JAD-BNW Document 22 Filed 07/03/19 Page 2 of 4 1 2 MEMORANDUM OF POINTS AND AUTHORITIES I. BACKGROUND 3 This is an inmate civil rights lawsuit. Plaintiff filed his initial Complaint on April 5, 4 2017. ECF No. 1-1. Pursuant to the Court’s Screening Order, Plaintiff was allowed to 5 proceed on one claim of retaliation against Defendant Jimenez and one claim of retaliation 6 and due process violations against Defendant Moreda. ECF No. 2 at 8. 7 8 On September 11, 2018, the Attorney General entered an Acceptance of Service for Devona Jimenez and Patrick Moreda. ECF No. 9. 9 On October 22, 2018, Defendants filed an Answer. ECF No. 10. 10 On January 15, 2019, the Court issued its Scheduling Order. ECF No. 11. Pursuant 11 to the Scheduling Order, discovery in this action must be completed by April 17, 2019, and 12 summary judgment motions must be filed by June 3, 2019. Id. 13 On April 14, 2019, Plaintiff filed a Motion to Compel Discovery. ECF No. 14. 14 On April 17, 2019, the discovery period expired. ECF No. 11. 15 On April 26, 2019, Defendants filed their Opposition to Plaintiff’s Motion to Compel 16 Discovery. ECF No. 15. 17 18 On May 31, 2019, Defendants filed a motion to extend the time to file a summary judgment motion for thirty (30) days. ECF No. 19. 19 This second motion for an extension of time to file a summary judgment motion 20 follows. 21 II. 22 APPLICABLE LAW Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), the Court may extend the 23 time to perform an act within a specified time for good cause shown. 24 III. ARGUMENT 25 Defendants submit that good cause exists for an additional thirty (30) day extension 26 of time to file a summary judgment motion. Since Defendants requested an extension of 27 time on May 31, 2019, the undersigned has made some progress in drafting the summary 28 judgment motion, including the introduction and background section and the statement of 30 Page 2 of 4 1 undisputed facts. See Exhibit 1 (Declaration of Counsel). However, the undersigned has 2 been unable to complete the motion due to his responsibilities to meet deadlines in other 3 cases and his administrative responsibilities. See id. No further requests for extensions of 4 the dispositive motion deadline are anticipated, and the undersigned will make every effort 5 to ensure Defendants’ motion is completed by, or prior to, the new deadline. 6 DATED this 2nd day of July, 2019. 7 AARON D. FORD Attorney General 8 9 By: /s/ Jared M. Frost JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General 10 11 Attorneys for Defendants Devona Jimenez and Patrick Moreda 12 13 14 15 16 ORDER 17 18 19 20 IT IS SO ORDERED. Defendants shall have until August 2, 2019, to file a Motion for Summary Judgment. Dated this 10th day of July, 2019. 21 22 23 ____________________________________________ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 30 Page 3 of 4 Case 2:17-cv-00986-JAD-BNW Document 22 Filed 07/03/19 Page 4 of 4 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 July 2, 2019, I electronically filed the foregoing DEFENDANTS’ MOTION 4 FOR EXTENSION OF TIME TO FILE SUMMARY JUDGMENT MOTION (Second 5 Request) via this Court’s electronic filing system. Parties who are registered with this 6 Court’s electronic filing system will be served electronically. 7 registered, service was made by depositing a copy for mailing in the United States Mail, 8 first-class postage prepaid, at Las Vegas, Nevada, addressed to the following: 9 10 11 For those parties not Donald E. Mitchell, #94796 High Desert State Prison P.O. Box 650 Indian Springs, Nevada 89070 Plaintiff, Pro Se 12 13 14 15 /s/ Carol A. Knight CAROL A. KNIGHT, an employee of the Office of the Nevada Attorney General 16 17 18 19 20 21 22 23 24 25 26 27 28 30 Page 4 of 4 Case 2:17-cv-00986-JAD-BNW Document 22-1 Filed 07/03/19 Page 1 of 4 EXHIBIT 1 Declaration of Counsel EXHIBIT 1 Case 2:17-cv-00986-JAD-BNW Document 22-1 Filed 07/03/19 Page 2 of 4 1 2 3 4 5 6 7 AARON D. FORD Attorney General JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General State of Nevada Office of the Attorney General 555 East Washington Ave., #3900 Las Vegas, Nevada 89101 (702) 486-3177 (phone) (702) 486-3773 (fax) E-mail: jmfrost@ag.nv.gov Attorneys for Defendants Devona Jimenez and Patrick Moreda 8 9 10 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 DONALD E. MITCHELL, JR., Case No. 2:17-cv-00986-JAD-BNW Plaintiff, 15 16 vs. DECLARATION OF COUNSEL 17 STATE OF NEVADA, ex rel, Defendants. 18 19 20 21 22 I, JARED M. FROST, hereby declare, based on personal knowledge and/or information and belief, that the following assertions are true: 1. I am a Senior Deputy Attorney General employed by the Nevada Attorney 23 General in the Litigation Division, and I make this declaration in support of Defendants’ 24 motion for an extension of time in which to file a summary judgment motion in the above- 25 captioned matter 26 2. Since Defendants requested an extension of time on May 31, 2019, the 27 undersigned has made some progress in drafting the summary judgment motion, including 28 a draft of the introduction and background section and the statement of undisputed facts. 30 Page 1 of 3 Case 2:17-cv-00986-JAD-BNW Document 22-1 Filed 07/03/19 Page 3 of 4 1 However, I have been unable to complete the motion due to my responsibilities to meet 2 deadlines in other cases. 3 3. My responsibilities to meet deadlines during the past thirty (30) days include: 4 Rexroad v. Nevin, USDC Case No. 2:17-cv-01629 (answer to complaint filed 06/04/19); Howard 5 v. Cox, USDC Case No. 2:17-cv-01002 (notice of appearance filed 06/05/19); Peck v. State of 6 Nevada, USDC Case No. 2:18-cv-00237 (response to motion for injunction filed 06/07/19); 7 Hernandez v. Aranas, USDC Case No. 2:18-cv-00102 (response to motion for appointment of 8 counsel filed 06/07/19); Peck v. State of Nevada, USDC Case No. 2:18-cv-00237 (response to 9 motion for sanctions filed 06/11/19); Linsey v. Dzurenda, USDC Case No. 2:18-cv-00902 10 (motion for reconsideration filed 06/11/19); Johnson v. Lewis, USDC Case No. 2:17-cv-01668 11 (response to motion to dismiss filed 06/19/19); Brown v. State of Nevada, USDC Case No. 2:17- 12 cv-00832 (acceptance of service filed 06/20/19); Reese v. Fulker, USDC Case No. 2:17-cv-01627 13 (motion to extend discovery deadlines filed 06/20/19); Farvela v. Barth, USDC Case No. 2:16- 14 cv-00831 (settlement conference statement submitted 06/22/19); Furtado v. State of Nevada, 15 USDC Case No. 2:18-cv-00188 (stipulation to stay case for settlement negotiations filed 16 06/25/19); Peck v. State of Nevada, USDC Case No. 2:18-cv-00237 (28-page motion to dismiss 17 filed 06/28/19); Farvela v. Barth, USDC Case No. 2:16-cv-00831 (settlement conference 18 conducted on 06/28/19). 19 4. My administrative responsibilities have also impacted my ability to work on this 20 case in the past thirty (30) days. These responsibilities include review of attorney work 21 product, including court filings, drafted by other attorneys in the Litigation Division, the 22 supervision of a summer law intern, and various assignments to review internal policies and 23 practices. 24 /// 25 /// 26 /// 27 /// 28 /// 30 Page 2 of 3 Case 2:17-cv-00986-JAD-BNW Document 22-1 Filed 07/03/19 Page 4 of 4 1 5. 2 Pursuant to 28 U.S.C. section 1746 Declarant certifies, under penalty of perjury, that 3 4 5 6 7 8 This request is made in good faith and not for the purpose of delay. the foregoing is true and correct. DATED this 2nd day of July, 2019. ADAM PAUL LAXALT Attorney General By: /s/ Jared M. Frost JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 Page 3 of 3
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