Sladek v. Roberson

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 Matthew Gregory, Michael Thalman, and Robert Robinson 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA JEFF SLADEK, Case No. 3:19-cv-00764-MMD-CLB 11 Plaintiff, DEFENDANTS’ MOTION FOR vs. EXTENSION OF TIME TO SUBMIT DISPOSITIVE MOTION ROBERSON, et al., (First Request) 14 Defendants.

16 Defendants Matthew Gregory, Michael Thalman, and Robert Robinson (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 21-day extension of time, to March 30, 2022, to file a dispositive motion. 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 Plaintiff Jeff Sladek, concerning events that allegedly took place at the Warm Springs Correctional Center, asserting claims arising under 42 U.S.C. § 1983.

27 On August 11, 2021, this Court entered an Amended Scheduling Order. ECF No. 45. The discovery cut off was February 7, 2022, and the dispositive motions are to be filed time requesting this Court grant an additional 21 days to file their dispositive motion.

3 II. ARGUMENT 4 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. 9 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)).

11 LR IA 6-1 discusses requests for continuances. The rule states: 12 (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 13 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 14 extend time to take discovery.”)

15 This is the first request and is requested for good cause. See LR 26-3. Counsel for the NDOC Defendants requires additional time to properly present the arguments to challenge Plaintiff’s Complaint. The NDOC Defendants’ request will not hinder nor prejudice Plaintiff’s prosecution of his case. The requested 21-day extension of time is needed to allow Counsel to finalize an appropriate dispositive 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.

23 / / / / / / / / / / / / / / / / / / 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 30, 2022, to file a dispositive motion in || this matter.

7 DATED this 9th day of March 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 ITI RDERED. , 17 U.S. MAGISTRATE JUDGE 18 DATED: ch 10, 2022 2 I certify that I am an employee of the Office of the Attorney General, State of Nevada, and that on this 9th day of March 2022, I caused to be served a copy of the foregoing, DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO SUBMIT DISPOSITIVE MOTION (First Request), by U.S. District Court CM/ECF system.

6 For those parties not registered with the Court’s CM/ECF system, true and correct copies were sent via U.S. Mail to the following: 8 Jeff Sladek Cheney Street, #18 9 Reno, NV 89502 11 /s/ Karen Easton An employee of the 12 Office of the Attorney General