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Beraha v. State

United States District Court, D. Nevada

December 3, 2019

ARTHUR JULIUS-GREEN BERAHA fka TRAVERS A. GREEN, Plaintiff,
v.
STATE OF NEVADA, et al., Defendants.

          AARON D. FORD Attorney General

          KATLYN M. BRADY, Attorneys for Defendants

          DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE SUMMARY JUDGMENT MOTION (FIRST REQUEST)

         Defendants, Renee Baker, James Dzurenda, William Gittere, and William Reubart, by and through counsel Aaron D. Ford, Attorney General of the State of Nevada, and Katlyn M. Brady, Deputy Attorney General, requests this Court grant a thirty (30) day extension of time to file a summary judgment motion.

         INTRODUCTION

         This Court should grant Defendants' motion for an extension of time to file a summary judgment motion. On November 19, 2019, undersigned counsel was assigned to represent the Defendants in this matter because the previous Deputy Attorney General unexpectedly left the Office of the Nevada Attorney General. Further, due to the Thanksgiving holiday, undersigned counsel will be unable to complete a review of the record and prepare a summary judgment motion before the deadline of December 2, 2019.

         BACKGROUND

         On January 18, 2018, Plaintiff filed the First Amended Complaint, ECF No. 10. On June 15, 2018, this Court filed its screening order. ECF No. 12. This Court allowed the following claims to proceed:

• Count I alleging a due process violation and a statutory violation against former Director Dzurenda. ECF No. 12 at 12:14-17.
• Count II, alleging free exercise, FLUIPA, and equal protection violations against former Director Dzurenda, former Warden Filson, and Bryen. Id. at 12:18-19.
• Count III, alleging federal telecommunication violations against Century Link, EPSI, and ICS. Further, Count III alleged a violation of Nevada's Deceptive Trade Practices Act against Century Link, EPSI and ICS. Id. at 12:21-24.

         On June 3, 2019, this Court entered its scheduling order. ECF No. 87. The original deadline for dispositive motions was October 2, 2019. ECF No. 87 at 3:27-27 - 4:1.

         On September 26, 2019, Plaintiff filed the Second Amended Complaint. ECF No. 105. Plaintiff alleged the following claims:

• Count I alleged a due process violation and statutory violation claim against former Director Dzurenda, in his official capacity only. Id. at 2-4.
• Count II alleged religious claims against former Director Dzurenda, William Gittere, and William Reubart. Id. at 5-7.
• Count III alleged religious claims regarding the ALEPH Institute against former Director Dzurenda and ...

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