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, Case No. 3:19-cv-00079-MMD-CLB 11 Plaintiff, lly MOTION TO EXTEND THE DEADLIN TO FILE AN OPPOSITION TO 13 PLAINTIFF’S MOTION FOR ROMEO ARANAS, et ai., SANCTIONS IN LIGHT OF ECF NO. 5 14 Defendants.

15 Defendants, Melissa Mitchell and the Estate of Gene Yup, by and through couns« || Aaron D. Ford, Attorney General of the State of Nevada, and Meredith N. Beresfor || Deputy Attorney General, hereby move to extend the deadline to file an Opposition || Plaintiff's Motion for Sanctions to September 8!, 2020.

19 Emmanuel Caballero is a prisoner in the lawful custody of the Nevada Departme: || of Corrections (NDOC) and has submitted a Motion for Sanctions (Motion) (ECF No. 5: || Defendants’ deadline to respond to the Motion is August 24, 2020.

22 Federal Rule of Civil Procedure 6(b)(1) governs enlargements of time and provid || as follows: 24 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 25 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 26 after the time has expired if the party failed to act because of excusable neglect.

1 September 7, 2020 is an observed Court holiday.

1 || The proper procedure, when additional time for any purpose is needed, is to present || request for extension of time before the time fixed has expired. Canup v. Miss. Val. Bar.

3 || Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). Extensions of time may always be asked for, a1 || usually are granted on a showing of good cause if timely made under subdivision (b)(1) 5 the Rule. Creedon v. Taubman, 8 F.R.D. 268 (N.D. Ohio 1947).

6 In this case, DAG Beresford spoke with Caballero on Wednesday, August 19, 20: □□□ Friday, August 21, 2020 in an attempt to resolve the outstanding issues surroundi 8 this Motion. During that call, Caballero graciously indicated he would not oppose || motion to extend the deadline if Defendants would seriously consider his request for ¢ || offer of judgment. As required, DAG Beresford must present the current offer to clien || and determine whether there is any acceptance or counteroffer to be made. Further, || light of the Court’s Order (ECF No. 56) setting a hearing approximately six weeks ov || Defendants respectfully request additional time to respond in order to properly relay a1 || offers/counteroffers and gather all information relevant to the Motion to provide to tl || Court.

16 During the meet and confer calls with Caballero, DAG Beresford informed him tl || discovery is forthcoming. DAG Beresford also informed him of the recent death of : |/immediate family member, to which Caballero was very kind. DAG Beresford did n || believe an extension would be necessary until this morning.

20 Good cause exists to extend the time to file this opposition. This request is made || good faith and not for the purpose of delay. Defendant respectfully submits that none || the parties will be prejudiced by a two-week (14) day extension of time since the heari || regarding this matter is scheduled for September 25, 2020.

25 WW/// W/// WW/// 1 If granted, the new deadline to file Defendant’s Opposition to Motion for □□□□□□□□ || would be Tuesday, September 8, 2020 3 DATED this 24th day of August, 2020.

4 AARON D. FORD ; Attorney General By: _/s/ Meredith N. Beresford 6 MEREDITH N. BERESFORD, Bar No. 13308 Deputy Attorney General Attorneys for Defendant 9 IT IS SO ORDERED.

Dated day of Aug,, 2020. wn ALi 1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the Office of the Attorney General, State || Nevada, and that on this 24th day of August, 2020, I caused to be served, a true a || correct copy of the foregoing, MOTION TO EXTEND THE DEADLINE TO FILE A || OPPOSITION TO PLAINTIFF’S MOTION FOR SANCTIONS IN LIGHT OF EC || NO. 56, by U.S. District Court CM/ECF Electronic Filing on: || Emmanuel Caballero #1135573 c/o Law Librarian Northern Nevada Correctional Center P.O. Box 7000 Carson City, NV 89702 [email protected] 12 /s/ Perla M. Hernandez 13 An employee of the Office of the Attorney General