Caballero v. Aranas

1 || AARON D. FORD Attorney General || MEREDITH N. BERESFORD, Bar No. 13308 Deputy Attorney General || State of Nevada Public Safety Division || 100 .N. Carson Street Carson City, NV 89701-4717 || Tel: (775) 684-1120 E-mail: [email protected] Attorneys for Defendant Melissa Mitchell 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA EMMANUEL CABALLERO 10 , Case No. 3:19-cv-00079-MMD-CLB 1] Plaintiff, || v. MOTION TO EXTEND THE DEADLINE T' FILE AN OPPOSITION TO PLAINTIFEF’S ROMEO ARANAS. etal. MOTION FOR PRELIMINARY 8 EO INJUNCTION 14 Defendants.

15 Defendant, Melissa Mitchell, by and through counsel, Aaron D. Ford, Attorney General of t || State of Nevada, and Meredith N. Beresford, Deputy Attorney General, hereby move to extend t || deadline to file an Opposition to the Plaintiff's Motion for Preliminary Injunction in this □□□□□□ || seven (7) days.

19 Emmanuel Caballero is a prisoner in the lawful custody of the Nevada Department || Corrections (NDOC), and has submitted a Motion for Preliminary Injunction (Motion) (ECF 2!

21 || Defendant’s deadline to respond to the Motion is July 15, 2020.

22 Federal Rule of Civil Procedure 6(b)(1) governs enlargements of time and provides as follows: 23 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 24 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 25 expired if the party failed to act because of excusable neglect.

26 /// /// 28 /// || The proper procedure, when additional time for any purpose is needed, is to present a request f || extension of time before the time fixed has expired. Canup v. Miss. Val. Barge Line Co., 31 F.R.D. 2: || (W.D. Pa. 1962). Extensions of time may always be asked for, and usually are granted on a showing || good cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 F.R.D. 2: || (N.D. Ohio 1947).

6 Defendant has requested additional medical documentation to determine whether Plaintiff h || sought medical and/or dental assistance for tooth #15 prior to the filing of this Motion for Prelimina || Injunction. The Defendant last received updated medical documentation in December 2019. Howev || the Plaintiff's request may concern medical documentation presented in the last seven montl || Although the Plaintiff's Complaint does not address any conduct by NDOC in the last seven montl || the documentation is relevant to the Plaintiff's request and Defendant would like to have the □□□□ || updated information to present to the Court. Plaintiff has provided no information to the Court in | || Motion about whether he sent an appropriate kite or documented a “man-down” for tooth #15. (E¢ || 29). Plaintiff has not established in his Motion that he is precluded from getting an appointment w: || Dr. Benson. (ECF 29). Defendant would like to confirm with the medical records and dental recor || that this information is correct prior to submission of any opposition to the Court. Additionally, t || documents Defendant is requesting will correspond to whether Plaintiff has a likelihood of success | || the merits and whether he will suffer irreparable harm.

19 Good cause exists to extend the time to file this motion. This request is made in good faith a || not for the purpose of delay. Defendant respectfully submits that none of the parties will be prejudic || by a one-week or seven (7) day extension of time since the Court filed Plaintiffs Complaint | || November 25, 2019 and the Plaintiff waited approximately eight months to file this Motion 1 || Preliminary Injunction.

24 /// 25 /// 26 /// /// 28 /// 1 If granted, the new deadline to file Defendant’s Opposition to Motion for Preliminary Injuncti || would be Wednesday, July 22, 2020.

3 DATED this 14th day of July, 2020.

4 AARON D. FORD 5 Attorney General By: /s/ Meredith N. Beresford □□ 6 MEREDITH N. BERESFORD, Bar No. 13308 Deputy Attorney General Attorneys for Defendant IT IS SO ORDERED.

V2 Dated: July 15, 2020.

13 * 15 UNITED STATES*MAGISTRATE JUDGE 2] 1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the Office of the Attorney General, State of Nevada, and th || on this 14th day of July, 2020, I caused to be served, a true and correct copy of the foregoir || MOTION TO EXTEND THE DEADLINE TO FILE AN OPPOSITION TO PLAINTIFF || MOTION FOR PRELIMINARY INJUNCTION, by U.S. District Court CM/ECF Electronic Filt |] on: || Emmanuel Caballero #1135573 c/o Law Librarian Northern Nevada Correctional Center ? Carson City, NV 89702 [email protected] 1] 12 /s/ Perla M. Hernandez An employee of the 13 Office of the Attorney General 2]