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Pamplin v. Baker

United States District Court, D. Nevada

August 26, 2019

JOHN DAVID PAMPLIN, Plaintiff,
v.
WARDEN BAKER, et al., Defendants.

          AARON D. FORD ATTORNEY GENERAL

          HARRY B. WARD DEPUTY ATTORNEY GENERAL ATTORNEYS FOR DEFENDANTS

          MOTION TO EXTEND DISCOVERY RESPONSE DEADLINE (DEFENDANT'S FIRST REQUEST)

         Defendants 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 (30) days.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. BACKGROUND

         This is 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 ("ESP"). Id.

         Plaintiff 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.

         On 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.

         II. RELEVANT PROCEDURAL HISTORY

         On August 28, 2018, the Court issued Screening Order (EFC No. 10) and filed Plaintiffs Complaint. ECF No. 9 and ECF No. 10.

         On 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.

         On 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.

         On April 2, 2019, the Court issued its Scheduling Order, setting July 1, 2019, as the Discovery deadline. ECF No. 40-2.

         On April 23, 2019, the Court denied Plaintiffs request for production of documents suggesting the Plaintiff to properly seek documents requested through discovery, and ...


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