Klein v. Flamm

Attorney General NATHAN M. CLAUS (Bar No. 15889) Deputy Attorney General State of Nevada Office of the Attorney General 1 State of Nevada Way, Suite 100 Las Vegas, Nevada 89119 (702) 486-7629 (phone) (702) 486-3768 (fax) Email: [email protected] Attorneys for Defendants Micheal Flamm and Jose Garcia 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA PAUL SCOTT KLEIN, Case No. 3:23-cv-00337-ART-CSD ORDER GRANTING 12 Plaintiff, DEFENDANTS’ REQUEST FOR 7-DAY EXTENSION TO RESPOND v. TO PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING MICHAEL FLAMM, et al., ORDER AND PRELIMINARY INJUNCTION 15 Defendants.

ECF Nos. 52 and 53 17 Defendants, Micheal Flamm and Jose Garcia, hereby request a 7 Day Extension to Respond to Plaintiff's Motions for Temporary Restraining Order and Preliminary Injunction. ECF Nos. 52 and 53.

20 MEMORANDUM OF POINTS AND AUTHORITIES I. PROCEDURAL HISTORY 22 This prison civil rights action was brought by Paul Scott Klein (Klein), asserting claims arising under 42 U.S.C. § 1983. ECF Nos. 4 & 22. Klein sues for alleged events while he was incarcerated at Northern Nevada Correctional Center (NNCC). Id. 25 Following mandatory screening of the Complaint under the Prison Litigation Reform Act (PLRA), this Court allowed Klein to proceed with one First Amendment retaliation claim against Defendants Micheal Flamm and Jose Garcia for a claim that Klein was forced to abandon an appeal from a disciplinary hearing. ECF No. 3 at 8:18-24 and 12:10-11.

2 allowed Klein to proceed with additional claims against Garica for allegedly retaliating against Klein by terminating him from a job within the prison. See ECF Nos. 23 (R&R screening the supplemental complaint) & 26 (Order adopting R&R). Discovery completed in this matter on March 15, 2025. ECF No. 35 at 7.

6 Defendants filed their motion for summary judgment on June 18, 2025. ECF No. 47.

7 As of the filing of this motion, Klein has not filed any opposition.

8 On July 3, 2025, Klein filed Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction. ECF Nos. 52 & 53. Any response to this motion is currently due on July 17, 2025.

11 Defendants seek a one-week extension to Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction. The responses require this extension of time to adequately explain defendants’ objections to the discovery, and the discussions between Burdsal and counsel for defendants regarding the meet and confer issues.

15 II. ARGUMENT 16 Pursuant to Fed. R. Civ. P. 6(b), the “court may, for good cause, extend the time . . .

17 with or without motion or notice . . . if a request is made, before the original time or its extension expires.” Defendants seek an extension of time to respond to the motions filed by Klein. Good cause is present to extend the deadline for the response to Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction to July 24, 2025.

21 Counsel for Defendants has a phone call with Klein on Wednesday morning to talk about this motion to see if there is a way to resolve it without court intervention. Further, counsel will be speaking with Klein about whether he intends to file an opposition to the motion for summary judgment and if so, will be working on a proposed stipulation and order for this court to review. In addition, counsel is still gathering all of the needed facts for the response to ensure it is complete. Counsel believes that a 7-day extension is all that is needed to complete the response, especially after speaking with Klein.

28 /// 1 Accordingly, Defendants respectfully request that the extension be granted for good ||cause shown. See Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1260, (9th Cir. 2010) || (holding that the “district court abused its discretion in denying party’s timely motion” to |}extend time because the party “demonstrated the ‘good cause’ required by Rule 6, and because there was no reason to believe that [the party] was acting in bad faith or was || misrepresenting his reasons for asking for the extension’).

7 CONCLUSION 8 Based on the foregoing, and for good cause, Defendants request an extension of time 9 July 24, 2025, to respond to Plaintiff's Motion for Temporary Restraining Order and || Preliminary Injunction. ECF Nos. 52 & 58.

11 DATED this 14th day of July, 2025.

12 AARON D. FORD 13 Attorney General By: /s/ Nathan M. Claus 14 NATHAN M. CLAUS (Bar No. 15889) Deputy Attorney General 16 Attorneys for Defendants || SO ORDERED.

19 || DATED: July 15, 2025.

20 CS oy 21 Craig S. Denney 99 United States Magistrate Judge