Moreno v. Nev. Dept. Corr.

wh BOY OY BD UVETV Nr UE ON ie er UU eee || AARON D. FORD FILED _____. RECEIVED Attorney General —— ENTERED ——— SERVED ON || DENNIS W. HOUGH, Bar No. 11995 COUNSEU/PARTIES OF RECORD Deputy Attorney General || State of Nevada Public Safety Division JUL 23 2019 || 100 N. Carson Street Carson City, □□ 89701-4717 CLERK US DISTRICT COURT || Tel: (775) 684-1254 DISTRICT OF NEVADA E-mail: [email protected] BY: 6 DEPUTY Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA dEYR |] FLAVIO MORENO, Case No. 3:18-cv-00137-MMD-CBC 1] Plaintiff, 12 v. DEFENDANTS’ MOTION FOR ENLARGEMENT OF STAY 13 NEV. DEPT. CORR., et al., 14 Defendants.

15 Defendants, by and through counsel, Aaron Ford, Attorney General of the State of Nevada, anc || Dennis W. Hough, Deputy Attorney General, hereby move this Honorable Court an enlargement of th || stay in this matter until one week following the yet-to-be-scheduled Early Mediation Conference. Thi: || motion is based on Fed. R. Civ. P. 6(b)(1), the following memorandum of points and authorities, and al || papers and pleadings on file herein.

20 MEMORANDUM OF POINTS AND AUTHORITIES _ 0 INTRODUCTION 22 This case is an inmate civil rights action pursuant to 42 U.S.C. § 1983. ECF No. 4 at 1. Plaintifi || Flavio Moreno (Plaintiff), is an inmate in the custody of the Nevada Department of Corrections. Jd. Th || events at issue in Plaintiff's complaint took place at Lovelock Correctional Center. Jd.

25 The Court has not yet set the Early Mediation Conference. — |V/// Will W/// wAOw Ve AU VV VV EVE Oe eS eee lee oe eee Tw Oe || II. DISCUSSION 2 A. Fed. R. Civ. P. 6(b)(1) allows this Court to extend deadlines.

3 District courts have inherent power to control their dockets. Hamilton Copper & Steel Corp. v. || Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cir || 1992). Fed. R. Civ. P. 6(b)(1) governs enlargements of time and provides as follows: 6 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 7 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 8 party failed to act because of excusable neglect.

9 “The proper procedure, when additional time for any purpose is needed, is to present to the || Court a timely request for an extension before the time fixed has expired (i.e., a request presentec |] before the time then fixed for the purpose in question has expired).” Canup v. Miss. Valley Barge Lin || Co., 31 F.R.D. 282, 283 (D.Pa. 1962). The Canup Court explained that “the practicalities of life” (suct |] as an attorney’s “conflicting professional engagements” or personal commitments such as vacations || family activities, illnesses, or death) often necessitate an enlargement of time to comply with a cour || deadline. Jd. Extensions of time “usually are granted upon a showing of good cause, if timely made.

16 || Creedon v. Taubman, 8 F.R.D. 268, 269 (D.Ohio 1947). The good cause standard considers a party’ || diligence in seeking the continuance or extension. Johnson v. Mammoth Recreations, Inc., 975 F.2 || 604, 609 (9th Cir. 1992).

19 B. Good cause exists to enlarge the stay and allow the parties to continue settlemen || negotiations.

21 In the present case, the 90-day stay expires before the date currently set for an Early □□□□□□□□□ || Conference. It is appropriate that the Court’s timelines conform to the calendar realities.

23 |}/// |/// |/// W/// /// A □□ a EVENT NN ME OT Te ee TN eee” || 11. CONCLUSION 2 The Court should enlarge the time for stay until one week past the currently set Early |] Mediation Conference. The 90-day Stay should be enlarged to one week past the date of the Early || Mediation Conference.

5 DATED this 24th day of July, 2019.

6 AARON D. FORD 7 Attorney General - DENNIS W. HOUGH, Bar N6. 11995 9 Deputy Attorney General 10 Attorneys for Defendants 3 he IS SO ORDERED 14 MAGIST@ATE JUDGE 15 DATED: WAS LOTUVEUU LO ESIVEVILZ EY OW OUI A OD Ver OM ee I CERTIFICATE OF SERVICE 2 I certify that I am an employee of the Office of the Attorney General, State of Nevada, and tha lion this 24th day of July, 2019, I caused to be served a copy of the foregoing, DEFENDANTS: || MOTION FOR ENLARGEMENT OF STAY, by U.S. District Court CM/CFE Electronic Filing to: Flavio Moreno, #1049218 Care of LCC Law Librarian || Lovelock Correctional Center 1200 Prison Road || Lovelock, NV 89419 [email protected] \ 12 / !

SE f | / pid 13 ~ Loe IX. / 14 An employee of the Office of the Attorney General