Marks v. State of Nevada

Attorney General HENRY H. KIM (Bar No. 14390) Deputy Attorney General State of Nevada Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, Nevada 89101 (702) 486-3095 (phone) (702) 486-3773 (fax) Email: [email protected] Attorneys for Defendant Vincent Lorenz

9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA Louis Marks, Case No. 2:18-cv-01421-RFB-BNW 12 Plaintiff, DEFENDANT’S MOTION TO EXTEND v. TIME TO SUBMIT A MEDIATION STATEMENT State of Nevada, et al., 15 Defendants.

16 Defendant Vincent Lorenz, by and through counsel, Aaron D. Ford, Attorney General for the State of Nevada, and Henry H. Kim, Deputy Attorney General, hereby files this Motion to Extend Time to submit a mediation statement.

19 I. INTRODUCTION 20 On July 30, 2020, this Court issued an Order setting an inmate early mediation conference on September 25, 2020. ECF No. 16 at 1:15-6. Ordinarily, mediation statements are due one week before the mediation conference. However, this Court ordered that the mediation statements be submitted to the Court by 4:00 p.m. on Friday, August 18, 2020.

24 II. APPLICABLE LAW 25 Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as follows: /// /// 1 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 2 motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (B) on motion made 3 after the time has expired if the party failed to act because of excusable neglect.

5 Any request to change deadlines established in the scheduling order must be |}supported by a showing of good cause pursuant to Fed. R. Civ. P. 16(b)(4), which turns || primarily on a showing that the deadlines currently in place could not reasonably be met || despite the diligent of the movant. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 9 (9th Cir. 1992).

10 || III. ARGUMENT 11 Lorenz respectfully requests that this Court grant a 30-day extension on the || deadline to submit a mediation statement. The undersigned has a mediation statement in || another matter due on August 18, 2020, with the mediation conference set on August 25, 14 2020. Additionally, the undersigned is working remotely due to the pandemic and has 15 limited access to the office data and resources. A 30-day extension would afford the ||undersigned and Lorenz an opportunity to submit a more thorough and meaningful || mediation statement.

18 ||IV. CONCLUSION 19 For the foregoing reasons, Defendant Lorenz respectfully requests that this Court || grant a 30-day extension on the deadline to submit a mediation statement.

21 DATED this 7th day of August, 2020.

22 Respectfully submitted, || ITISSO ORDERED AARON D. FORD oA Attorney General DATED: August 11, 2020 By: /s/ Henry H. Kim 25 HENRY H. KIM (Bar No. 14390) 926 Deputy Attorney General Attorneys for Defendant Vincent Lorenz Sx les se bat || BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, and that on August 7, 2020, I electronically filed the foregoing DEFENDANT’S MOTION TO EXTEND TIME TO SUBMIT A MEDIATION STATEMENT, via this Court’s electronic filing system. Parties that are registered with this Court’s electronic filing system will be served electronically. For those parties not registered, service was made by emailing a copy to the following: 8 Louis Marks #94433 Southern Desert Correctional Center 9 PO Box 208 Indian Springs, NV 89070 10 [email protected] Plaintiff, Pro Se /s/ Sheri Regalado 12 Sheri Regalado, an employee of the Office of the Nevada Attorney General