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Barnes v. Gettierr

United States District Court, D. Nevada

January 7, 2020

JAQUAN BARNES, Plaintiff,
v.
WILLIAM GETTIERR, et al., Defendants

          AARON D. FORD Attorney General ROST C. OLSEN, Bar No. 14410 Deputy Attorney General Attorneys for Defendants Mark Boyd, William Gittere, and Evelyn Rodriguez

          MOTION FOR EXTENSION OF TIME TO FILE NOTICE AS REQUIRED IN THE MINUTE ORDER (ECF No. 20)

         Defendants Mark Boyd, William Gittere, and Evelyn Rodriguez, by and through counsel, Aaron D. Ford, Attorney General of the State of Nevada, and Peter E. Dunkley, Deputy Attorney General (DAG), hereby submit their Motion for Extension of Time to File Notice as Required in ECF No. 20. This Motion is based on Federal Rule of Civil Procedure 6(b)(1)(B), the following Memorandum of Points and Authorities, and all papers and pleadings on file in this action.

         MEMORANDUM OF POINTS AND AUTHORITIE 5

         Defendants respectfully request until close of business on Friday, January 10, 2020 to file the Notice called for in ECF No. 20 explaining why the Office of the Attorney General does not accept service on behalf of Defendant Richard C. Adams. At the time of entry and service of the Minute Order (ECF No. 20) on December 19, 2019, undersigned counsel inadvertently neglected to ensure the deadline was properly noted on his calendar. Decl. of Rost C. Olsen, ¶ 5.

         This matter subsequently came back to the undersigned's attention on January 6, 2020 when Court staff reached out to him to inquire as to the status of the Notice. Id. at ¶ 6.

         The requested extension of time will afford Defendants adequate time to properly brief the Notice and submit it to the Court.

         Federal Rule of Civil Procedure 6(b)(1) governs extensions of time and provides as follows:

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.

"[E]xcusable neglect" is an "elastic concept." Pioneer Inv. Servs. Co. v. Brunswick Assocs., 507 U.S. 380, 392, 113 S.Ct. 1489, 1496, 123 L.Ed.2d 74 (1993). The determination of what is "excusable" is "at bottom an equitable one, taking account of all relevant circumstances surrounding the party's omission." Id. at 395, 113 S.Ct. at 1498. "Cases should be decided upon their merits whenever reasonably possible." Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986).

         In this case, Defendants' failure to timely file and objection or a request for an extension is due to excusable neglect. See Decl. of Rost C. Olsen, ¶ ¶ 1-6. The shortage of support staff during the holiday season in which the Minute Order was entered and undersigned's inadvertent oversight led to the failure of placing this particular deadline on his calendar. Id. at ¶ ¶ 4-6. This failure, in combination with managing other competing deadlines, resulted in undersigned's inadvertent failure to timely prepare and submit the Notice. Id. at ¶ ¶ 4-6. The requested extension will permit undersigned an opportunity to properly brief and file the Notice. Defendants assert that the circumstances are such that excusable neglect is present which would warrant the requested extension of time aid will facilitate the policy of a decision on the merits. See Id. at ¶ ¶ 4-6; see also Eitel, 782 F.2d at 1472.

         For these reasons, Defendants respectfully request an extension of time until close of business on Friday, January 10, 2020, to file the Notice required in ECF No. 20.

         I. EXHIBIT A. Declaration of Rost C. Olsen

         EXHIB ...


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