United States District Court, D. Nevada
D. FORD ATTORNEY GENERAL
B. WARD DEPUTY ATTORNEY GENERAL ATTORNEYS FOR DEFENDANTS
MOTION TO EXTEND DISCOVERY RESPONSE DEADLINE
(DEFENDANT'S FIRST REQUEST)
Renee Baker, James Dzurenda, Robin Hager, John Keast, Gregory
Martin and Brian Sandoval, by and through counsel, Aaron D.
Ford, Attorney General of the State of Nevada, and Harry B.
Ward, Deputy Attorney General, hereby move the Court to
extend the Discovery Response Deadline outlined in the
Scheduling Order of the Court of April 2, 2019, (ECF No. 40)
pursuant to LR 26-4 and LR IA 6-1 for an additional thirty
OF POINTS AND AUTHORITIES
a prisoner civil rights suit brought by Plaintiff John David
Pamplin ("Plaintiff), pursuant to 42 U.S.C. § 1983.
ECF No.8. Plaintiff is an inmate incarcerated by the Nevada
Department of Corrections ("NDOC"). Id.
Plaintiff is currently housed at Ely State Prison
asserts he was diagnosed with drop foot while he was at
Northern Nevada Correctional Center ("NNCC") and
provided with a drop foot brace. EFC No. 10 at 3. Plaintiff
alleges a correctional officer seized his brace during a cell
search telling Plaintiff he did not need it. Id.
Plaintiff asserts he has sent numerous medical kites for back
pain and for a new drop foot brace. Id. at 4.
August 28, 2018, the Court screened Plaintiffs First Amended
Complaint ("Complaint") and allowed Plaintiff to
proceed on Count I based on a state due process claim
dismissing Plaintiffs Count 1 claims under the Americans with
Disabilities Act ("ADA") and the Rehabilitation Act
("RA"). EFC No. 10 at 4-5. The Court also allowed
Plaintiff to proceed on Count II regarding alleged deliberate
indifference to serious medical needs. Id. at 6-8.
Plaintiff alleges the violations occurred at NNCC and High
Desert State Prison ("HDSP"). Id.
RELEVANT PROCEDURAL HISTORY
August 28, 2018, the Court issued Screening Order (EFC No.
10) and filed Plaintiffs Complaint. ECF No. 9 and ECF No. 10.
March 5, 2019, Plaintiff served a Request for Production of
Documents upon Defendants seeking the last known address of
an "unserved Defendant." ECF No. 36.
March 19, 2019, Defendants responded to Plaintiffs discovery
request (ECF No. 36) informing Plaintiff that a Scheduling
Order had yet been issued. ECF No. 38.
April 2, 2019, the Court issued its Scheduling Order, setting
July 1, 2019, as the Discovery deadline. ECF No. 40-2.
April 23, 2019, the Court denied Plaintiffs request for
production of documents suggesting the Plaintiff to properly
seek documents requested through discovery, and ...