Lazos v. Parks

AARON D. FORD |} Attorney General DAVID A. BAILEY, Bar No. 13661 || Deputy Attorney General State of Nevada 3 N. Carson Street Carson City, Nevada 89701-4717 || Tel: (775) 684-1163 E-mail: [email protected] Attorneys for Defendants under || Limited Notice of Appearance 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA || FELIPE P. LAZOS, JR., Case No. 3:22-cv-00099-RCJ-CLB 12 Plaintiff, DEFENDANTS’ MOTION FOR lly, EXTENSION OF TIME [FIRST REQUEST] || ERIN PARKS, et al., 15 Defendant.

17 Defendants Michael Minev and Erin Parks, by and through counsel, Aaron D. Ford, || Attorney General of the State of Nevada, and David A. Bailey, Deputy Attorney General, ||hereby request this Court to extend Defendants’ deadline to respond to Plaintiff Felipe || Lazos, Jr.’s Emergency Motion (ECF No. 3). This motion is based on Federal Rule of Civil || Procedure 6(b)(1)(A), LR 1A 6-1, the following Memorandum of Points and Authorities, and || all papers and pleadings on file in this case, and such other and further information as this || Court may deem appropriate to consider.

24 MEMORANDUM OF POINTS AND AUTHORITIES 25 RELEVANT FACTS AND PROCEDURAL HISTORY 26 This is a pro se prisoner civil rights action brought by inmate Plaintiff Filipe Lazos, || Jv. #67232), currently housed at Lovelock Correctional Center, asserting claims arising || under 42 U.S.C. § 1983. ECF No. 8. Following judicial screening under 42 U.S.C. § 1915A, 1 Court allowed one claim to proceed alleging deliberate indifference to a serious medical ||need. ECF No. 7 at 6.

3 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—cv013887—RLH— ||PAL, 2010 WL 38910072, at *2 (D.Nev. 2010)). 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 13 previous extensions of the subject deadline the court granted. (Examples: “This is the first stipulation for extension of time to 14 file motions.” “This is the third motion to extend time to take discovery.”)

16 This is the first request to extend this deadline and is requested for good cause.

17 Defendants’ research into Plaintiff's claims has revealed that the procedure he has ||/requested has been approved and is in the process of being scheduled. Defendants, ||therefore, request a seven-day extension of time to respond to Plaintiffs Emergency || Motion.

21 This request for an additional week to respond will not hinder Lazos’s prosecution of ||his case. Defendants assert that the requisite good cause is present to warrant the W/// ||requested extension of time, and that this request is made in good faith and not for the || purpose of delay.

3 DATED this 13th day of May 2022.

4 AARON D. FORD Attorney General 6 By: /s/ David A. Bailey DAVID A. BAILEY, Bar No. 13661 7 Deputy Attorney General 8 Attorneys for Defendant 12 iT IS SO ORDERED.

13 Dated: May 16, 2022 14 .

15 UNITED STATES GISTRATE JUDGE 1 CERTIFICATE OF SERVICE 2 I certify that Iam an employee of the Office of the Attorney General, State of Nevada 3 that on thisl3th day of May, 2022, I caused to be served a copy of the foregoing, ||DEFENDANTS’ MOTION FOR EXTENSION OF TIME [FIRST REQUEST], U.S. || District Court CM/ECF Electronic Filing to: 6 Felipe P. Lazos, Jr., #67232 7 1200 Prison Road 3 Lovelock, Nevada 89419-5110 9 /s/ Karen Easton An employee of the 10 Office of the Attorney General