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Peck v. State ex rel. Nevada Department of Correction

United States District Court, D. Nevada

April 26, 2019

FRANK PECK, Plaintiff,
v.
STATE OF NEVADA, ex rel. Nevada Department of Correction, et al.; PRISON COMMISSIONERS; GOVERNOR BRIAN SANDOVAL; SECRETARY OF STATE BARBARA CEGAVSKI; ATTORNEY GENERAL ADAM LAXALT; DIRECTOR OF PRISONS JAMES DZURENDA; WARDEN BRIAN WILLIAMS, HDSP; ASSOCIATE WARDEN JENNIFER NASH; ASSOCIATE WARDEN PERRY RUSSELL; ACTING ASSOCIATE WARDEN T. TIERNES; WORKER ENNIS WRIGHT and LAW LIBRARY SUPERVISOR JAQUES GRAHAM; FOOD SUPERVISER MANAGER DWAINE WILSON; ATTORNEY GENERAL FRANK A. TODDRE, II, DISTRICT COURT JUDGE JERRY A WIESE; SGT. ALEXIS LOZANO; SGT. JULIE MATOUSEC; SGT. DUGAN; OFFICER JOEL QUEROZ, sued in the Individual and Official capacities, Defendants.

          AARON D. FORD Attorney General JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General State of Nevada Office of the Attorney General Attorneys for Defendants James Dzurenda Brian Williams, Troy Ternes, Alexis Lozano, Jennifer Nash, Duane Wilson, Joel Quiroz, Perry Russell, Jacques Graham, Shanon Ennis-Wright, Julie Matousek, Brian Sandoval, Adam Laxalt, Barbara Cegavske, Francis Moka, Alfonso Alvarez, and Monique Hubbard-Pickett

          DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND RESTRAINING ORDER (ECF NO. 68 AND 69)

         Defendants James Dzurenda Brian Williams, Troy Ternes, Alexis Lozano, Jennifer Nash, Duane Wilson, Joel Quiroz, Perry Russell, Jacques Graham, Shanon Ennis-Wright, Julie Matousek, Brian Sandoval, Adam Laxalt, Barbara Cegavske, Francis Moka, Alfonso Alvarez, and Monique Hubbard-Pickett Defendants James Dzurenda, Brian Williams, Troy Ternes, Alexis Lozano, Jennifer Nash, Duane Wilson, Joel Quiroz, Perry Russell, Jacques Graham, Shanon Ennis-Wright, Julie Matousek, Brian Sandoval, Adam Laxalt, Barbara Cegavske, Francis Moka, Alfonso Alvarez, and Monique Hubbard-Pickett, by and through counsel, Aaron D. Ford, Nevada Attorney General, and Jared M. Frost, Senior Deputy Attorney General, hereby request an additional thirty-three (33) days to respond to Plaintiff's “Motion for Preliminary Injunction and Restraining Order” filed April 11, 2019, and docketed at ECF No. 68 and ECF No. 69. Defendants' request 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 a prisoner civil rights matter. ECF No. 7.

         On July 5, 2018, the Court screened Plaintiff's Complaint. ECF No. 6. Pursuant to the Screening Order, Plaintiff was permitted to proceed on numerous claims. See id.

         On December 7, 2018, the parties participated in a mediation conference at which no resolution was reached. ECF No. 22.

         On January 24, 2019, the Attorney General filed an Acceptance of Service for Defendants James Dzurenda, Brian Williams, Troy Ternes, Alexis Lozano, Jennifer Nash, Duane Wilson, Joel Quiroz, Perry Russell, Jacques Graham, Shanon Ennis-Wright, and Julie Matousek.

         On January 31, 2019, Plaintiff filed an Amended Complaint. ECF No. 40.

         On April 1, 2019, the Court screened Plaintiff's Amended Complaint pursuant to Defendants' request. ECF No. 65. The Court incorporated its previous findings concerning claims presented in the original Complaint and allowed Plaintiff to proceed on additional claims. Id. at 3-5.

         On April 11, 2019, Plaintiff filed his “Motion for Preliminary Injunction and Restraining Order.” ECF No. 68; ECF No. 69.

         On April 15, 2019, Defendants filed a Motion for Case Management Conference due to the complexity of the case and Plaintiff's practice and history of filing frivolous, unsupported, or unnecessary motions. ECF No. 70.

         On April 18, 2019, the Attorney General filed an Acceptance of Service for Francis Moka, Alfonso Alvarez, and Monique Hubbard-Pickett. ECF No. 72.

         On April 24, 2019, the Court scheduled a hearing on Defendants' Motion for Case Management ...


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