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, DEFENDANTS’ MOTION FOR vs. EXTENSION OF TIME TO SUBMIT DISPOSITIVE MOTION STATE OF NEVADA, et al., (Second 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 April 13, 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 inmate Plaintiff Brett Doyle, concerning events that allegedly took place at the Lovelock Correctional Center, asserting claims arising under 42 U.S.C. § 1983.

27 On October 14, 2021, this Court entered a Scheduling Order. ECF No. 26. The discovery cut off was January 12, 2022, and the dispositive motions are to be filed by time to file their dispositive motion from February 9, 2022 to March 14, 2022, which this Court granted. ECF Nos. 34 & 35.

4 Defendants now file this extension of time requesting this Court grant an additional 30 days to file their dispositive motion.

6 II. ARGUMENT 7 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. 12 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)).

14 LR IA 6-1 discusses requests for continuances. The rule states: 15 (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 16 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 17 extend time to take discovery.”)

18 This is the second 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.

24 Counsel has made progress since requesting the first extension of time and does not expect to request a third extension.

26 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 finalize 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 2 and not for the purpose of delay.

3 CONCLUSION 4 The NDOC Defendants request this Court extend the deadline for dispositive motions 5 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 April 13, 2022, to file a dispositive motion in 8 matter.

9 DATED this 14th day of March 2022.

10 AARON D. FORD Attorney General 12 By: /s/ David A. Bailey DAVID A. BAILEY, Bar No. 13661 13 Deputy Attorney General 14 Attorneys for Defendants Renee Baker, Scott Davis, and 15 Harold Wickham 17 IT ISSO ORDERED.

CS Oe 19 U.S. MAGISTRAT DGE 90 DATED: March 15, 2022