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Mitchell v. State

United States District Court, D. Nevada

July 10, 2019

DONALD E. MITCHELL, JR., Plaintiff,
v.
STATE OF NEVADA, ex rel, Defendants.

          AARON D. FORD Attorney General

          JARED M. FROST (Bar No. 11132) Senior Deputy Attorney General Attorneys for Defendants Devona Jimenez and Patrick Moreda

          DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE SUMMARY JUDGMENT MOTION

         Defendants Devona Jimenez (Troutman) and Patrick Moreda, by and through counsel, Aaron D. Ford, Nevada Attorney General, and Jared M. Frost, Senior Deputy Attorney General, hereby move for an additional thirty (30) day extension of time to file a summary judgment motion. Defendants' motion is made and based on Rule 6 of the Federal Rules of Civil Procedure, 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 an inmate civil rights lawsuit. Plaintiff filed his initial Complaint on April 5, 2017. ECF No. 1-1. Pursuant to the Court's Screening Order, Plaintiff was allowed to proceed on one claim of retaliation against Defendant Jimenez and one claim of retaliation and due process violations against Defendant Moreda. ECF No. 2 at 8.

         On September 11, 2018, the Attorney General entered an Acceptance of Service for Devona Jimenez and Patrick Moreda. ECF No. 9.

         On October 22, 2018, Defendants filed an Answer. ECF No. 10.

         On January 15, 2019, the Court issued its Scheduling Order. ECF No. 11. Pursuant to the Scheduling Order, discovery in this action must be completed by April 17, 2019, and summary judgment motions must be filed by June 3, 2019. Id.

         On April 14, 2019, Plaintiff filed a Motion to Compel Discovery. ECF No. 14.

         On April 17, 2019, the discovery period expired. ECF No. 11.

         On April 26, 2019, Defendants filed their Opposition to Plaintiff's Motion to Compel Discovery. ECF No. 15.

         On May 31, 2019, Defendants filed a motion to extend the time to file a summary judgment motion ...


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