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| || AARON D. FORD FILED =—stsSSSCRECEIVED Attorney General ___— ENTERED SERVED ON 2 || KATLYN M. BRADY Bar No. 141738 COUNSELIPARTIES OF RECORD Deputy Attorney General —— 3 || State of Nevada Office of the Attorney General FEB 10 7079 4 || 555 E,. Washington Ave., Suite 3900 Las Vegas, Nevada 89101 5 |) (702) 486-0661 (phone) CLERK US DISTRICT COURT (702) 486-3778 (fax) DISTRICT OF NEVADA 6 || [email protected] BY: DEPUTY 7 || Attorneys for Defendants Renee Baker, James Dzurenda, 8 || William Gittere and William Reubart 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA ) bb ETL 12 | ARTHUR JULIUS-GREEN BERAHA fka TRAVERS A, GREEN, Case No. 3:17-cv-00366-RCJ-CLB 13 DEFENDANTS’ MOTION FOR 14 Plaintiff, EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF SUMMARY 15 || V. JUDGMENT 16 || STATE OF NEVADA, et al., (FIRST REQUEST) 17 Defendants. 18 19 Defendants, Renee Baker, James Dzurenda, William Gittere, and William Reubart, 20 |lby and through counsel Aaron D. Ford, Attorney General of the State of Nevada, and 21 || Katlyn M. Brady, Deputy Attorney General, requests this Court grant a thirty (80) day 22 || extension of time to file a Reply in Support of Summary Judgment. 23 INTRODUCTION 24 This Court should grant Defendants’ Motion for an Extension of Time to file a 25 ||\Summary Judgment. As Beraha filed an untimely opposition, Defendants’ Reply in 26 ||Support of Summary Judgment is due in the middle of undersigned counsel's trial 27 || preparation. Accordingly, Defendants’ respectfully request an extension of time until after 28 || trial to file a reply.

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1 BACKGROUND 2 On January 18, 2018, Plaintiff filed the First Amended Complaint. ECF No. 10. On 3 || June 15, 2018, this Court filed its screening order. ECF No. 12. This Court allowed the 4 || following claims to proceed: 5 e Count I alleging a due process violation and a statutory violation against 6 former Director Dzurenda. ECF No. 12 at 12:14-17. 7 Count II, alleging free exercise, FLUIPA, and equal protection violations 8 against former Director Dzurenda, former Warden Filson, and Bryen, Jd. at 9 12:18-19. 10 e Count II, alleging federal telecommunication violations against Century 11 Link, EPSI, and ICS, Further, Count III alleged a violation of □□□□□□□□ 12 Deceptive Trade Practices Act against Century Link, EPSI and ICS. Jd. at 13 12:21-24, 14 On June 3, 2019, this Court entered its scheduling order, ECF No. 87. The original 15 || deadline for dispositive motions was October 2, 2019. ECF No. 87 at 3:27-27 — 4:1. 16 On September 26, 2019, Plaintiff filed the Second Amended Complaint. ECF No. 17 || 105. Plaintiff alleged the following claims: 18 e Count I alleged a due process violation and statutory violation claim against 19 former Director Dzurenda, in his official capacity only. Id. at 2-4. 20 Count II alleged religious claims against former Director Dzurenda, William 21 Gittere, and William Reubart. Id. at 5-7. 22 e Count III alleged religious claims regarding the ALEPH Institute against 23 former Director Dzurenda and William Gittere. Id, at 7-9. 24 || Defendants filed an answer on October 17, 2019. ECF No. 108. 25 Plaintiff previously filed two requests to enlarge the discovery period, ECF No. 98 26 || (noting it was Plaintiffs second request). On September 26, 2019, this Court granted 27 || Plaintiffs motion and extended discovery. ECF No. 104. This Court noted no further 28 || discovery extensions would be granted. Id.

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1 On December 4, 2019, this Court granted Defendants’ Motion for an Extension of 2 || Time to file a Motion for Summary Judgment. ECF No. 115. The extension was prompted 3 ||by the sudden, and unexpected, resignation of the Deputy Attorney General previously 4 || assigned to this case. See generally ECF No. 113. 5 On January 2, 2020, Defendants filed a Motion for Summary Judgment. ECF No. 6 || 118. This Court’s minute order stated Beraha had 21 days to file an opposition. ECF No. 7 ||120 at 3. Accordingly, Beraha’s opposition was due January 23, 2020. However, the 8 || opposition was not filed with the Court until January 27, 2020. ECF No. 123. Accordingly, 9 || Defendants’ reply is due February 10, 2020. 10 Undersigned counsel is lead counsel for a federal bench trial scheduled to begin 11 || February 20, 2020 for Johnson v, Northern Nevada Correctional Center, et al., Case No. 12 || 2:15-cv-00884-JAD-NJK. See Declaration of Counsel, attached as Exhibit A. The trial 13 || brief, witness and exhibit list, and proposed findings of facts and conclusions of law are 14 ||due February 14, 2020, Despite diligently working on both trial preparation and the 15 liveply, undersigned counsel has been unable to complete the reply. See id. Undersigned 16 || counsel’s preparation was further impacted by a minute order requiring an Opposition to 17 || a Preliminary Injunction, due February 6, 2020 in Case No. 2:15-cv-00884-JAD-NuK. Id. 18 APPLICABLE LAW 19 Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), this Court may extend the 20 |\time to perform an act within a specific time for good cause shown. Similarly, FRCP 21 || 16(b)(4) permits a court to modify a scheduling order for good cause. The good cause 22 |linquiry focuses on the moving party’s diligence. See Johnson v. Mammoth Recreations, 93 || Inc.,

(9th Cir. 1992), Local Rule 26-4 requires all motions to extend 24 \la deadline set forth in a scheduling order to be filed no later than 21 days before the 25 || expiration of the subject deadline. “A request made after the expiration of the subject 26 || deadline will not be granted unless the movant also demonstrates that the failure to act 27 || was the result of excusable neglect”. 28 |j/t/

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1 LEGAL ARGUMENT 2 This Court should grant Defendants’ Motion to Extend the Dispositive Motion 3 |) deadline. 4 || A, Defendants Provide the Following Information Pursuant to LR 26-4. 5 First, the following discovery has been completed to date (LR 26-4(a): 6 □ Director Dzurenda has responded to two sets of Requests for Admissions, 7 responded to three sets of Production of Document Requests and one set of 8 Interrogatories. 9 ° Warden Gittere has responded to one set of requests for admissions. 10 e The Defendants, collectively, have responded to one set of requests for 11 admissions (document authentication requests) and a request for the 12 Production of Documents 13 Second, the only outstanding discovery issue is Plaintiffs pending motion to 14 || compel discovery directed at Wells Fargo, ECF No. 112. LR 26-4(b). 15 Third, the reason the current dispositive motion deadline cannot be met is 16 || undersigned counsel’s participation in trial preparation for the February 20, 2020 federal 17 ||bench trial in Las Vegas, Nevada. Further, on January 24, 2020, undersigned counsel 18 || received a minute order from the Honorable Judge Bouleware, requiring an opposition to 19 |la motion for a preliminary injunction. Jd. The opposition was due February 6, 2020. Id, 20 Further, due to the continuing need for trial preparation, undersigned counsel will 91 |\be unable to complete the reply by February 10, 2020. 22 Fourth, Defendants propose the following schedule: 23 □ Defendants’ Reply in Support of Summary Judgment due March 9, 2020. 24 Jojnt Pretrial Order shall be filed no later than thirty (30) days after the 25 decision of any pending dispositive motions 26 || B. Excusable Neglect and Good Cause Support an Extension 27 This Court should find that excusable neglect and good cause support an extension 8 || of time. Excusable neglect exists for failing to comply with the 21 day requirement set out

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1 ||in LR 26-4, As reply briefs are due 14 days after the opposition, undersigned counsel 2 || could not comply with the 21 day requirement. 3 Further, good cause supports the extension based on undersigned counsel’s 4 || participation in trial preparation and in drafting an unexpected opposition to a motion for 5 || a preliminary injunction. Despite diligently working on the opposition, trial preparation, 6 || and reply, undersigned counsel is unable to complete the reply before February 10, 2020.! 7 CONCLUSION 8 This Court should grant an extension of the dispositive motion deadline. Excusable 9 || neglect exists because reply briefs are due 14 days after the opposition and thus counsel 10 ||could not comply with the 21 day requirement. Counsel has diligently worked on this i1 || matter, but has been unable to complete the reply due to the unexpected opposition to a 12. || motion for preliminary injunction and trial preparation. 13 DATED this 7th day of February, 2020. 14 Respectfully submitted, 15 AARON D. FORD 16 Attorney General

17 By:/s/ Katlyn M. Brady KATLYN M. BRADY, Bar No. 14173 18 Deputy Attorney General 19 Attorneys for Defendants 20 ORDER \ 21 IT IS SO ORDERED. Defendants shall have until March 9, 2020, to file a Reply in 22, || Support of Summary Judgment. 23 Dated this (O= day Sebnuasip- 2020. 24 25 : UNITED $TATES GISTRATE JUDGE 26 27 Wj 2 1 Due to issues involving scheduling inmate phone calls and undersigned counsel’s schedule, counsel was unable to arrange a telephonic meeting to discuss an extension, However, Plaintiff previously denied a request to extend the dispositive motion deadline.

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1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the State of Nevada, Office of the Attorney 3 |General, and that on February 7, 2020, I electronically filed the foregoing 4 || DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN 5 |SUPPORT OF SUMMARY JUDGMENT (FIRST REQUEST), via this Court’s 6 |l electronic filing system. Parties that are registered with this Court's electronic filing 7 || system will be served electronically. For those parties not registered, service was made 8 || by depositing a copy for mailing in the United States Mail, first-class postage prepaid, at 9 || Las Vegas, Nevada to the following: 10 || Arthur Julius-Greene Beraha, #48494 Ely State Prison P.O. Box 1989 12 || Ely, NV 89301 13 14 /s/ Yolonda Laster An employee of the Office 15 of the Attorney General 16 17 18 19 20 21 22 23 24 25 26 27 28

EXHIBIT A

DECLARATION OF KATLYN M. BRADY

EXHIBIT A

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1 || AARON D. FORD . Attorney General 2 || KATLYN M. BRADY Bar No, 14178 Deputy Attorney General 3 || State of Nevada Office of the Attorney General 4 || 5565 E, Washington Ave., Suite 8900 Las Vegas, Nevada 89101 5 A455 486-0661 (phone) (702) 486-3773 (fax) 6 || [email protected] 7 || Attorneys for Defendants Renee Baker, James Dzurenda, g || William Gittere and William Reubart 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 || ARTHUR JULIUS-GREEN BERAHA fka TRAVERS A. GREEN, Case No. 3:17-cv-00866-RCJ-CLB 13 DECLARATION OF COUNSEL 14 Plaintiff, 15 || v- 16 || STATE OF NEVADA, et al., 17 Defendants. 18

19 DECLARATION OF KATLYN M. BRADY 20 I, Katlyn M. Brady, being first duly sworn under oath, deposes and states as 21 || follows: 22 1, I am an attorney licensed to practice law in all courts within the State of 23 || Nevada, and am employed as a Deputy Attorney General in the Office of the Nevada 24 || Attorney General. I have been assigned to represent Defendants in Green v. State of 25 || Nevada, et al., Case No. 3:17 -cv-00366-RCJ-CLB and as such, have personal knowledge of 26 || the matters contained herein. 27 2. The deadline to file Defendants’ Reply in Support of Summary Judgment is 28 || February 10, 2020.

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1 3. On January 24, 2020, the Office of the Nevada Attorney General (OAG) a 2 || Minute Order directing Defendants to respond to a Motion for a Preliminary Injunction in 3 || Silua v. Stogner, Case No. 3:20-cv-00027-RFB-WGC. Defendants’ Opposition was due 4 || February 6, 2020. 5 4, As undersigned counsel had not yet received Beraha’s Opposition to the 6 || Motion for Summary Judgment, my calendar appeared clear and I was assigned to work 7 ||on the Opposition. 8 5. I did not receive a copy of Beraha’s Opposition until January 27, 2020. By 9 || then, I was working on the Opposition and trial preparation simultaneously. 10 6. Currently, undersigned counsel is lead defense counsel for a federal bench 1] trial scheduled for February 20, 2020. The trial brief, witness and exhibit list, and 12 || proposed findings of fact and conclusions of law are due February 14, 2020. 13 7, Despite diligently working on all three matters, including working over 14 |\| weekends, counsel has been unable to complete the Reply in Support of Summary 15 || Judgment. 16 8, I am requesting this enlargement of time due to excusable neglect, and 17 || affirm that I am not engaging in purposeful delay. 18 Executed on this 7th day of February, 2020. 19 /s/ Katlyn M. Brady 20 Katlyn M. Brady (Bar No. 14173)

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