United States District Court, D. Nevada
PAUL LAXALT Attorney General Frank A. Toddre II (Bar. No.
11474) Deputy Attorney General State of Nevada Office of the
Attorney General Attorneys for Defendants Isidro Baca, Renee
Baker, Julio Calderin, James Cox, Brandon Lawrence, Luis
Lopez, Dwight Neven, Brian Williams and Johnny Youngblood
MOTION TO EXTEND DISCOVERY DEADLINES (SECOND AND
Isidro Baca, Renee Baker, Julio Calderin, James Cox, Brandon
Lawrence, Luis Lopez, Dwight Neven, Brian Williams, and
Johnny Youngblood, by and through counsel, Adam Paul Laxalt,
Attorney General of the State of Nevada, and Frank A. Toddre
II, Deputy Attorney General, hereby move for a final
extension of the remaining discovery and scheduling deadlines
for an additional seventy-five (75) days. Defendants'
motion is based on Federal Rule of Civil Procedure 7 and
Local Rules 7-2 and 26-4, the following memorandum of points
and authorities, the pleadings and papers on file and the
attached Declaration of Counsel.
OF POINTS AND AUTHORITIES
INTRODUCTION AND RELEVANT PROCEDURAL HISTORY
an inmate civil rights action brought pursuant to 42 U.S.C.
§ 1983. Plaintiff Lausteveion Delano Johnson (Plaintiff)
is an inmate in the custody of the Nevada Department of
Corrections (NDOC), currently housed at Southern Desert
Correctional Center (SDCC). That the causes of action took
place while incarcerated at Northern Nevada Correctional
Center (NNCC), SDCC, Ely State Prison (ESP), and High Desert
State Prison (HDSP). The Original Complaint alleged six
discrete claims for Eighth Amendment Deliberate indifference
to medical needs, First Amendment Religious exercise
violations, First Amendment retaliation claims, First
Amendment access to the Courts, and Fourteenth Amendment
equal protection claims. (ECF No. 2). The initial Screening
Order dismissed certain First and Eighth Amendment claims.
(ECF No. 11).
parties' Early Mediation Conference was initially set for
May 27, 2016, but was vacated for global settlement
negotiations. The parties conducted two global settlement
conferences, the final conference occurring on July 22, 2016.
No settlement was reached and Judge Foley found that all of
Johnson's cases should be returned to the normal
litigation track and lifted the associated global stay. (ECF
inmate early mediation conference was set for October 7,
2016. (ECF No. 21). A settlement was not reached. (ECF No.
24). The Court has entered its initial Scheduling Order
regarding representation and responsive pleadings. (ECF No.
filed a Motion for Appointment of Counsel on October 27,
2016. (ECF No. 28). Defendants opposed on November 9, 2016.
(ECF No. 29). The Court denied the motion finding that
Johnson had not demonstrated "exceptional
circumstances" to support an appointment. (ECF No. 33).
filed an Answer on December 16, 2016. (ECF NO. 34). The Court
issued its scheduling Order, with a discovery deadline of
March 20, 2017. (ECF No. 36). Johnson has propounded
discovery to all Defendants and it has been answered.
propounded discovery upon Johnson on February 9, February 15,
and March 15, 2017. Johnson advised that he had lost the
discovery requests. See Ex. A "Declaration of
Counsel". Parties agreed to a 60 day extension,
Defendants filed said request on March 16, 2017. (ECF No.
43). Johnson subsequently advised that he need a new copy of
all discovery. Ex. A.
had an additional meet and conferred and agreed upon another
extension of time. Ex. A. On May 8, 2017, Defendants received
Johnson's answered parts of the discovery in undated
correspondence. The discovery responses do not comply with
FRCP 30 or 36 in form and Johnson has not responded to any of
the Requests for Production.
attempting contact with Johnson, it was discovered that
Johnson has been placed in Disciplinary Segregation for an
the additional discovery time, Defendants will seek to cure
written discovery defects through an oral deposition in an
effort to conserve judicial resources and avoid unnecessary
motion practice over problems that are likely rooted in
procedural inefficiency and prison ...