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Martinez v. Baker

United States District Court, D. Nevada

June 20, 2017

ROBERT C. MARTINEZ, Plaintiff,
v.
RENEE BAKER, in her Official and Individual Capacity; JOSHUA MILLER, in his Individual Capacity; JOSHUA SASSER, in his Individual Capacity; JOHN M. OXBORROW, in his Individual Capacity; JACOB W. PARR, in his Individual Capacity; MICHAEL FLETCHER, in his Official and Individual Capacity; HAROLD M. BYRNE, in his Official and Individual Capacity; JOHN DOE INVESTIGATOR, in his Official and Individual Capacity; JAMES "GREG" COX, in his Official and Individual Capacity, BRIAN SANDOVAL, in his Official Capacity; BARBARA CEGAVSKE, in her Official and Individual Capacity; ADAM LAXALT, in his Official Capacity; CAMERON HORSLEY, in his Individual Capacity; PAMELA DEL PORTO, in her Individual Capacity; WALTER ROMERO, in his Individual Capacity; STATE OF NEVADA ex rel., BOARD OF PRISON COMMISSIONERS; STATE OF NEVADA ex rel. Nevada Department of Corrections; and Does 1 through 10; Defendants.

          ADAM PAUL LAXALT Attorney General JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General TIFFANY E. BREINIG (Bar No. 9984) Deputy Attorney General State of Nevada Office of the Attorney General Attorneys for Adam Paul Laxalt, Barbara Cegavske, Harold Byrne, James "Greg" Cox, Jacob W. Parr, John M. Oxborrow, Renee Baker, Brian Sandoval, Joshua Miller, and Michael Fletcher

         DEFENDANTS JAMES COX, BRIAN SANDOVAL, BARBARA CEGAVSKE, ADAM PAUL LAXALT, STATE OF NEVADA EX REL. BOARD OF PRISON COMMISSIONERS, AND STATE OF NEVADA EX REL. NEVADA DEPARTMENT OF CORRECTIONS' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT

         Defendants James Cox, Brian Sandoval, Barbara Cegavske, Adam Panl Laxalt, State of Nevada ex rel. Board of Prison Commissioners, State of Nevada ex rel. Nevada Department of Corrections, by and through counsel, Adam Paul Laxalt, Nevada Attorney General, Jared M. Frost, Senior Deputy Attorney General, and Tiffany E. Breinig, Deputy Attorney General, hereby move for an extension of time to respond to Plaintiffs Second Amended Complaint filed June 5, 2017 (ECF No. 53). This motion is made and based on the following memorandum of points and authorities, the attached Declaration of Counsel, the pleadings and papers on file, and any other evidence the Court deems appropriate to consider.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. Background

         This is inmate civil rights case filed pursuant to 42 U.S.C. section 1983. Plaintiff filed his original Complaint on June 20, 2010. ECF No. 1.

         On September 12, 2016, Plaintiff filed a first-amended Complaint. ECF No. 17.

         On October 26, 2016, Defendants Cox, Sandoval, Cegavske, Laxalt, State of Nevada ex rel. Board of Prison Commissioners, and State of Nevada ex rel. Nevada Department of Corrections filed a motion to dismiss. ECF No. 27. On that same day, Defendants Baker, Miller, Oxborrow, Parr, Fletcher, and Byrne filed an Answer. ECF No. 28.

         On October 27, 2016, the Court issued a scheduling order. ECF No. 29.

         On December 16, 2016, the Court granted the parties' request for special scheduling review and issued new scheduling deadlines. ECF No. 41. Pursuant to the December 2016 order, all discovery must be completed by July 26, 2017, and any motions to amend the pleadings must be filed by April 27, 2017. Id. at 2-3. On March 9, 2017, Plaintiff filed a motion for leave to file a second-amended Complaint. ECF No. 45.

         On Jnne 1, 2017, the Court issued a minute order granting Plaintiffs motion to file a second-amended complaint.

         On June 19, 2017, Defendants Baker, Miller, Oxborrow, Parr, Fletcher, and Byrne filed an Answer to Plaintiffs second-amended complaint.

         This motion for an extension of time for Defendants Cox, Sandoval, Cegavske, Laxalt, State of Nevada ex rel. Board of Prison Commissioners, and State of Nevada ex rel. Nevada Department of Corrections to respond to Plaintiffs second-amended complaint follows.

         II. ...


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