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Gill v. Aranas

United States District Court, D. Nevada

July 9, 2019

KEVIN ROHN GILL, Plaintiff,
v.
ROMEO ARANAS, etal., Defendants.

          AARON D. FORD Attorney General DOUGLAS R. RANDS, Bar No. 3572 Senior Deputy Attorney General State of Nevada Public Safety Division Attorneys for Defendant Romeo Aranas

          ORDER DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT

         Defendant, Romeo Aranas, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Douglas R. Rands, Senior Deputy Attorney General, hereby move this Honorable Court for an enlargement of time to answer or otherwise respond to Plaintiffs complaint. A hearing on this motion is not requested.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. RELEVANT FACTS AND PROCEDURAL HISTORY

         This case is a pro se civil suit pursuant to the Eighth Amendment to the United States Constitution. (ECF No. 29 at 3-15). Plaintiff, Kevin Rohn Gill (Plaintiff), is an inmate in the lawful custody of the Nevada Department of Corrections (NDOC). (ECF No. 1-1, 6, 29). Plaintiff sues Defendant for deliberate indifference to serious medical need and cruel and unusual punishment. The Court's Screening Order only allowed him to proceed on a single deliberate indifference claim. (ECF No. 5 at 5).

         Plaintiff filed his Second Amended Complaint in this matter on May 2, 2019, (ECF No. 37). A revised Notice of Acceptance of Service was filed May 28, 2019. (ECF No. 44). Accordingly, Defendants' answer is due today, July 8, 2019. Unfortunately, Defendants are unable to comply with this deadline. Due to a recent reassignment of this matter, due to the resignation of the prior attorney counsel is unable to timely answer or otherwise respond to the Complaint. This is the result of temporary short-staffing in this Bureau of Litigation at the Office of the Attorney General. Defendants' counsel is also currently preparing to assist in a jury trial before the United States District Court, which is scheduled to commence on August 12, 2019, and counsel needs sufficient time to prepare for trial. Therefore, Defendants request fifteen (15) additional days, or up to and including Tuesday, July 23, 2019, to answer or otherwise respond to Plaintiffs complaint.

         II. DISCUSSION

         Federal Rule of Civil Procedure 6(b) governs enlargements of time and provides as follows:

(1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time:
(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or
(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

         Here, the answer or other response to Plaintiffs complaint is due today, July 8, 2019. Defendant is requesting the enlargement of time in advance of the expiration of the period originally prescribed by the Federal Rules of Civil Procedure to respond. Therefore, the Court may extend the time for good cause. Defendant needs the requested enlargement due to a recent and dramatic increase in his counsel's current workload. The Bureau of Litigation at the Office of the Attorney General has recently experienced short-staffing, because other attorneys accepted new employment opportunities. This short-staffing problem should be resolved in the very near future. Moreover, counsel is currently preparing for a jury trial before the United States District Court and needs sufficient time to prepare.

         Defendant asserts the current short-staffing and his counsel's need to prepare for trial constitutes good cause for the requested enlargement. Consequently, Defendant requests fifteen (15) additional days, or up to and including Tuesday, July 23, 2019, to answer or otherwise respond to Plaintiffs complaint.

         IV. ...


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