1 A AAtRtoOrNne Dy .G FeOneRrDal 2 SAMUEL L. PEZONE, JR. (Bar No. 15978) Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 1 State of Nevada Way, Suite 100 Las Vegas, Nevada 89119 5 (702) 486-4070 (phone) (702) 486-3768 (fax) 6 Email: [email protected]

7 Attorneys for Defendants

8 UNITED STATES DISTRICT COURT

9 DISTRICT OF NEVADA

10 TONEY A. WHITE, Case No. 2:24-cv-01667-GMN-BNW

11 Plaintiff, DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO 12 v. RESPOND TO THE FIRST AMENDED COMPLAINT 13 HDSP DENTAL DEPARTMENT, et al., [FIRST REQUEST] 14 Defendants. 15 Defendants, Jeremy Bean, Frank Dreesen, James Dzurenda, Glenn Fowler, William 16 Kuloloia, Brian Williams Sr., Julie Williams, and Kenneth Williams, hereby request an 17 extension of time to file their responsive pleading to the First Amended Complaint, ECF 18 No. 28. This is Defendant’s first requested extension of the subject deadline. 19 MEMORANDUM OF POINTS AND AUTHORITY 20 I. APPLICABLE LAW 21 Pursuant to Fed. R. Civ. P. 6(b), the “court may, for good cause, extend the time . . . 22 with or without motion or notice . . . if a request is made, before the original time or its 23 extension expires,” or “on motion made after the time has expired if the party failed to act 24 because of excusable neglect.” 25 To demonstrate good cause, the party seeking modification must show “that, even in 26 the exercise of due diligence, [the party was] unable to meet the timetable set forth in the 27 order.” Cruz v. City of Anaheim, CV-1003997-MMM-JEMX,

, at *2 (C.D. 28 Cal. Dec. 19, 2011) (citing Zivkovic v. Southern California Edison Co.,

, 1087 1 (9th Cir. 2002); Johnson v. Mammoth Recreations, Inc.,

(9th Cir. 1992)). 2 Prejudice to the opposing party is a factor in determining good cause, though lack of 3 prejudice is “not a prerequisite.”

4 II. ARGUMENT 5 Defendants seek an extension of time to file their responsive pleading to the First 6 Amended Complaint, ECF No. 28. Good cause is present to extend this deadline until 7 December 26, 2025. 8 Counsel for Defendants sustained a large second degree burn to his left thigh while 9 attempting to steep a pot of tea in his office on November 5, 2025. Counsel was triaged at 10 the University Medical Center (UMC) that day, and counsel has since attended several 11 outpatient appointments with UMC’s Burn and Wound Clinic. Due to these appointments 12 and the need to perform daily dressing changes, Defendants’ counsel was intermittently 13 out of office through the third week of November. 14 These intermittent absences and the intervening Thanksgiving holiday have 15 prevented counsel from reviewing the First Amended Complaint and revising Defendants’ 16 motion to dismiss to address Plaintiff’s new allegations, if any. Deadlines in various other 17 matters within the next two weeks will prevent counsel from beginning revisions any 18 sooner than the week of Christmas. An extension to December 26, 2025, will allow 19 undersigned counsel adequate time to revise and file Defendants’ motion to dismiss. 20 Plaintiff will likely not be prejudiced by this extension. 21 Accordingly, Defendants respectfully request that this extension be granted for good 22 cause shown. See Ahanchian v. Xenon Pictures, Inc.,

, 1260 (9th Cir. 2010) 23 (holding that the “district court abused its discretion in denying party’s timely motion” to 24 extend time because the party “demonstrated the ‘good cause’ required by Rule 6, and 25 because there was no reason to believe that [the party] was acting in bad faith or was 26 misrepresenting his reasons for asking for the extension”). 27 28 1 CONCLUSION 2 Good cause and excusable neglect exist for an extension of the deadline to respond 3 the First Amended Complaint. This is the first request presented by Defendants seeking 4 |}an extension of the deadline. There will be no prejudice to the Plaintiff in granting an 5 extension of time until December 26, 2025. 6 DATED this 4th day of December, 2025. 7 AARON D. FORD 3 Attorney General By: /s/ Samuel L. Pezone Jr. 9 SAMUEL L. PEZONE JR. (Bar No. 15978) 10 Deputy Attorney General

u Attorneys for Defendants 12 13 14 IT IS SO ORDERED. 15 16 17

19 UNITED STATES MAGISTRATE JUDGE DATED: December 5, 2025 20 21 22 23 24 25 26 27 28

1 CERTIFICATE OF SERVICE 2 I certify that I am an employee of the State of Nevada, Office of the Attorney General, 3 and that on December 4th, 2025, I electronically filed the foregoing DEFENDANTS’ 4 MOTION FOR EXTENSION OF TIME TO RESPOND TO THE FIRST AMENDED 5 COMPLAINT [FIRST REQUEST] via this Court’s electronic filing system. Parties who 6 are registered with this Court’s electronic filing system will be served electronically.

7 /s/ Andrea Beckett 8 ANDREA BECKETT, an employee of the Office of the Nevada Attorney General 9

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