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Johnson v. Northern Nevada Correctional Center

United States District Court, D. Nevada

May 26, 2017

Lausteveion Johnson, Plaintiff,
v.
Northern Nevada Correctional Center, et al., Defendants.

          ADAM 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 FINAL REQUEST)

         Defendants, 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.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. INTRODUCTION AND RELEVANT PROCEDURAL HISTORY

         This is 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).

         The 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 No. 19).

         An 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. 26).

         Johnson 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).

         Defendants 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.

         Defendants 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.

         Parties 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.

         In attempting contact with Johnson, it was discovered that Johnson has been placed in Disciplinary Segregation for an unrelated matter.

         With 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 ...


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