Doyle v. State of Nevada

Attorney General DAVID A. BAILEY, Bar No. 13661 Deputy Attorney General State of Nevada N. Carson Street Carson City, NV 89701-4717 Tel: (775) 684-1163 E-mail: [email protected] Attorneys for Defendants Renee Baker, Scott Davis, and Harold Wickham 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA BRETT DOYLE, Case No. 3:19-cv-00725-MMD-CSD 11 Plaintiff, ORDER GRANTING vs. DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO SUBMIT STATE OF NEVADA, et al., DISPOSITIVE MOTION (First Request) 14 Defendants.

16 Defendants Renee Baker, Scott Davis, and Harold Wickham (collectively the “NDOC Defendants”), by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and David A. Bailey, Deputy Attorney General, hereby request a 30-day extension of time, to March 14, 2022, to file a dispositive motion.1 The present motion is based on Federal Rule of Civil Procedure 6(b)(1)(A), LR 1A 6-1, LR 26-3, the following Memorandum of Points and Authorities, and all papers and pleadings on file in this case.

22 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION AND PROCEDURAL HISTORY 24 This is a pro se prisoner civil rights action brought by inmate Plaintiff Brett Doyle, concerning events that allegedly took place at the Lovelock Correctional Center, asserting claims arising under 42 U.S.C. § 1983.

1 Thirty days following February 11, 2022 is Sunday, March 13, 2022, so the requested deadline is adjusted to the next Court business day.

2 discovery cut off was January 12, 2022, and the dispositive motions are to be filed by February 9, 2022. Id. at 5-6. Discovery is complete. Defendants now file this extension of time requesting this Court grant an additional 30 days to file their dispositive motion.

5 II. ARGUMENT 6 Courts have inherent powers to control their dockets, see Ready Transp., Inc. v. AAR Mfg, Inc., 627 F.3d 402, 404 (citations omitted), and to “achieve the orderly and expeditious disposition of cases.” Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991). “Such power is indispensable to the court’s ability to enforce its orders, manage its docket, and regulate insubordinate . . . conduct.” See Wallace v. U.S.A.A. Life General Agency, Inc., 862 F. Supp. 11 2d 1062, 1068 (D. Nev. Sept. 30, 2010) (citing Mazzeo v. Gibbons, No. 2:08–cv01387–RLH– PAL, 2010 WL 3910072, at *2 (D.Nev. 2010)).

13 LR IA 6-1 discusses requests for continuances. The rule states: 14 (a) A motion or stipulation to extend time must state the reasons for the extension requested and must inform the court of all previous extensions of 15 the subject deadline the court granted. (Examples: “This is the first stipulation for extension of time to file motions.” “This is the third motion to 16 extend time to take discovery.”)

17 This is the first request and is requested for good cause. See LR 26-3. Counsel entered his appearance on behalf of the NDOC Defendants on January 21, 2022. See ECF No. 31. Despite diligent research and analysis of the nuances of both First Amendment law and, especially, the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 20000cc et seq., Counsel requires additional time to properly present cogent arguments addressing the allegations Plaintiff raises in his Complaint.

23 The NDOC Defendants’ request will not hinder nor prejudice Plaintiff’s prosecution of his case. The requested 30-day extension of time is needed to allow Counsel to prepare an appropriate motion. The NDOC Defendants assert that the requisite good cause is present to warrant the requested extension of time, and that this request is made in good faith and not for the purpose of delay.

28 / / / 1 CONCLUSION 2 The NDOC Defendants request this Court extend the deadline for dispositive motions |}in this matter. The NDOC Defendants assert that the requisite good cause is present to || warrant the requested extension of time. The request is timely. Therefore, the NDOC || Defendants request additional time, up until March 14, 2022, to file a dispositive motion in || this matter.

7 DATED this 9» day of February 2022.

8 AARON D. FORD Attorney General 10 By: /s/ David A. Bailey DAVID A. BAILEY, Bar No. 13661 11 Deputy Attorney General 12 Attorneys for Defendants Renee Baker, Scott Davis, and 13 Harold Wickham 15 IT IS SO ORDERED.

18 DATED: February 10, 2022