Carley v. Gentry et al, No. 2:2017cv02670 - Document 77 (D. Nev. 2019)

Court Description: ORDER granting ECF No. 76 Unopposed Motion : Answer/response to ECF No. 75 Second Amended Complaint due by 1/17/2020. Signed by Magistrate Judge Cam Ferenbach on 12/18/2019. (Copies have been distributed pursuant to the NEF - DRM)

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Carley v. Gentry et al 1 2 3 4 5 6 Doc. 77 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 Avenue Suite 3900 Las Vegas, Nevada 89101 (702) 486-3177 (phone) (702) 486-3773 (fax) Email: jfrost@ag.nv.gov 7 8 Attorneys for Defendants Sheryl Foster, Patrick Vejar, and Jo Gentry 9 10 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 ELIZABETH CARLEY, 15 Plaintiff, 16 v. 17 JO GENTRY, et al., Case No. 2:17-cv-02670-MMD-VCF DEFENDANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S SECOND AMENDED COMPLAINT (First Request) 18 Defendants. 19 20 Defendants Sheryl Foster, Patrick Vejar, and Jo Gentry, by and through counsel, 21 Aaron D. Ford, Nevada Attorney General, and Jared M. Frost, Senior Deputy Attorney 22 General, hereby request a thirty (30) day extension of time to respond to Plaintiff’s Second 23 Amended Complaint filed December 4, 2019 (ECF No. 75). Defendants’ extension request 24 is made and based on the following memorandum of points and authorities, the pleadings 25 and papers on file herein, and any other evidence the Court deems appropriate to consider. 26 /// 27 /// 28 /// 30 Page 1 of 4 Dockets.Justia.com 1 2 MEMORANDUM OF POINTS AND AUTHORITIES I. 3 4 BACKGROUND This is a prisoner civil rights action. Plaintiff filed her original Complaint on October 16, 2017. ECF No. 1-1. 5 On September 5, 2018, the Court issued its Screening Order. ECF No. 3. 6 On November 16, 2018, the parties participated in a mediation conference that did 7 not result in settlement. ECF No. 7. 8 On March 22, 2019, Plaintiff filed an Amended Complaint ECF No. 27. 9 On April 1, 2019, Defendants Foster and Vejar filed a Motion to Dismiss Plaintiff’s 10 Amended Complaint. ECF No. 32. 11 12 On April 16, 2019, Defendant Gentry filed a Joinder to the Motion to Dismiss Plaintiff’s Amended Complaint. ECF No. 35. 13 14 On June 21, 2019, the Court issued its Discovery Plan and Scheduling Order. ECF No. 44. 15 On August 16, 2019, Defendant filed a Motion to Stay Discovery. ECF No. 46. 16 On September 16, 2019, Plaintiff a motion to file a second-amended complaint. ECF 17 No. 53. 18 19 On September 27, 2019, Plaintiff filed a motion requesting appointment of counsel. ECF No. 57. 20 21 On October 16, 2019, the Court granted Defendants’ motion to stay discovery. ECF No. 61. 22 23 On December 4, 2019, the Court granted Plaintiff’s motion to file a second-amended complaint and denied Defendants’ motion to dismiss as moot. ECF No. 74. 24 Defendants’ request for a thirty (30) day extension of time to respond to the second- 25 amended complaint follows. 26 II. 27 28 30 APPLICABLE LAW Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), the Court may extend the time to perform an act within a specified time for good cause shown. Page 2 of 4 1 III. ARGUMENT 2 Defendants submit that their request for additional time to respond to the second- 3 amended complaint is supported by good cause. Since this Court denied Defendants’ motion 4 to dismiss and filed the second-amended complaint on December 4, defense counsel has 5 contacted Defendants and requested a call back to discuss their response. Exhibit 1 6 (Declaration of Counsel). However, additional time is needed to confer with all Defendants 7 and to complete a response. Id. Furthermore, defense counsel is scheduled to be out of the 8 office from December 24, 2019, through January 1, 2020, and Plaintiff does not oppose the 9 extension request. See id. Consequently, the Court should grant Defendants’ request for an 10 additional thirty (30) days to respond to the second-amended complaint. 11 IV. 12 13 14 15 16 17 CONCLUSION DATED this 18th day of December, 2019. AARON D. FORD Attorney General By: /s/ Jared M. Frost JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General Attorneys for Defendant Sheryl Foster, Patrick Vejar, and Jo Gentry 18 19 20 21 22 23 ORDER IT IS SO ORDERED. Defendants shall file their Response to Plaintiff’s SecondAmended Complaint (ECF No. 75) on or before January 17, 2020. Dated this 18th day of December, 2019. 24 25 26 ____________________________________________ UNITED STATES MAGISTRATE JUDGE 27 28 30 Page 3 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 December 18, 2019, I electronically filed the foregoing DEFENDANTS’ 4 UNOPPOSED MOTION FOR EXTENSION OF TIME 5 PLAINTIFF’S SECOND AMENDED COMPLAINT (First Request) via this Court’s 6 electronic filing system. Parties who are registered with this Court’s electronic filing 7 system will be served electronically. For those parties not registered, service was made by 8 depositing a copy for mailing in the United States Mail, first-class postage prepaid, at Las 9 Vegas, Nevada, addressed to the following: 10 11 12 TO RESPOND TO Elizabeth Carley, #1095997 Florence McClure Women’s Correctional Center 4370 Smiley Road Las Vegas, Nevada 89115 Plaintiff, Pro Se 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 EXHIBIT 1 Declaration of Counsel EXHIBIT 1 1 2 3 4 5 6 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 Avenue Suite 3900 Las Vegas, Nevada 89101 (702) 486-3177 (phone) (702) 486-3773 (fax) Email: jfrost@ag.nv.gov 7 8 Attorneys for Defendants Sheryl Foster, Patrick Vejar, and Jo Gentry 9 10 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 ELIZABETH CARLEY, 15 Case No. 2:17-cv-02670-MMD-VCF Plaintiff, 16 v. 17 JO GENTRY, et al., DECLARATION OF COUNSEL 18 Defendants. 19 I, JARED M. FROST, hereby declare, based on personal knowledge and/or information 20 21 and belief, that the following assertions are true: 1. 22 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 Unopposed Motion for Extension of Time to Respond to Plaintiff’s Second Amended 25 Complaint. 2. 26 Since this Court denied Defendants’ motion to dismiss and filed the second- 27 amended complaint on December 4, I have contacted Defendants and requested a call back 28 /// 30 Page 1 of 2 1 to discuss their response. However, additional time is needed to confer with all Defendants 2 and to complete a response. 3 4 5 3. Furthermore, I am scheduled to be out of the office from December 24, 2019, through January 1, 2020, on planned annual leave. 4. On December 17, 2019, I spoke with Plaintiff by phone and asked if she 6 opposed Defendants’ extension request. Plaintiff confirmed that she did not oppose the 7 request. 8 5. 9 Pursuant to 28 U.S.C. section 1746 Declarant certifies, under penalty of perjury, that 10 11 12 13 14 15 16 This request is made in good faith and not for the purpose of delay. the foregoing is true and correct. DATED this 18th day of December, 2019. AARON D. FORD Attorney General By: /s/ Jared M. Frost JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General Attorneys for Defendant Sheryl Foster, Patrick Vejar, and Jo Gentry 17 18 19 20 21 22 23 24 25 26 27 28 30 Page 2 of 2

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