BMG Rights Management (US) LLC v. The Fremont Country Club, LLC

Opinion

GALLIAN WELKER & ASSOCIATES, L.C. Nathan E. Lawrence, NBN 15060 2 || 730 Las Vegas Blvd. S., Ste. 104 ; || Las Vegas, Nevada 89101 Telephone: 702-892-3500 + || Facsimile: 702-386-1946 5 || nlawrence@vegascase.com Attorneys for Defendants 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 BMG RIGHTS MANAGEMENT (US) LLC 10 d/b/a BMG MONARCH, ‘TIL TUNES Case No.: 2:23-cv-00241-JAD-NIK 1) | ASSOCIATES, and UNIVERSAL MUSIC- MGB NA LLC d/b/a UNIVERSAL MUSIC- 12 || MGB SONGS, ORDER TO EXTEND TIME FOR Plaintiffs, DEFENDANTS TO FILE A RESPONSIVE PLEADING TO 15 PLAINTIFFS’ COMPLAINT THE FREMONT COUNTRY CLUB, LLC; '6 || PERLUNDIS, LLC; AVA BERMAN; and i7 || CARLOS ADLEY, (Third Request) 18 Defendants. 19 20 Pursuant to Fed. R. Civ. P. Rule 6(b)(1)(A-B) and Local Rules LR IA 6-1 and LR 7-1, 21 || Plaintiffs BMG RIGHTS MANAGEMENT (US) LLC d/b/a BMG MONARCH; ‘TIL TUNES 22 || ASSOCIATES; and UNIVERSAL MUSIC-MGB NA LLC d/b/a UNIVERSAL MUSIC-MGB 23 || SONGS (collectively, “Plaintiffs”), by and through the law offices of SNELL & WILMER L.L-P., 24 |fand Defendants THE FREMONT COUNTRY CLUB, LLC; PERLUNDIS, LLC; AVA 25 || BERMAN; and CARLOS ADLEY (collectively, “Defendants”), by and through the law offices 26 GALLIAN WELKER & ASSOCIATES, L.C., hereby stipulate and agree to extend the time for 27 || Defendants to file an answer or other responsive pleading to Plaintiffs’ Complaint [ECF No. 1] 28 to and including Friday, July 7, 2023. This is the third request to extend the responsive

Page | of 3

| || pleading deadline, and good cause exists for granting this extension, as the parties continue to be 2 || engaged in productive and good faith efforts to secure a negotiated resolution of the instant matter. 3 || Progress is being made, and the parties remain optimistic that a resolution may be reached. 4 PROCEDURAL HISTORY 5 lL. On February 15, 2023, Plaintiffs filed their Complaint [ECF No. 1]. 6 2. On or about February 16 - 18, 2023, service was effected upon the respective 7 || Defendants, proof of which service was filed with the Court on February 24, 2023 [ECF Nos. 6 - 9]. 8 3. On April 14, 2023, Plaintiffs filed their Request for Entry of Clerk’s Default 9 || Against Defendants Fremont Country Club, LLC, Perlundis, LLC, Ava Berman, and Carlos 10 || Adley (the “Request”) [ECF No. 10]. il 4. On April 27, 2023, the parties stipulated to dismiss the Request for Entry of Clerk’s 12 || Default and to make a first request to extend the time for Defendants to file a responsive pleading 13 |} [ECF No. 14], which the Court ordered on April 28, 2023 [ECF No. 15]. 14 5. On May 26, 2023, the parties stipulated to a second extension of time for Defendants 15 || to file a responsive pleading [ECF No. 16], which the Court ordered on May 30, 2023 [ECF No. 17]. 16 6. The current responsive pleading deadline is Monday, June 12, 2023. 17 7. The parties hereby submit this third stipulation for extension of time. 18 |] II. LEGAL STANDARD 19 LR IA 6-1 requires that a motion to extend time must state the reasons for the extension 20 || requested and will not be granted if requested after the expiration of the specified period unless 21 || the movant demonstrates that the failure to file the motion before the deadline expired resulted 22 || because of excusable neglect. Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, 23 relevant part, that “[w]hen an act may or must be done within a specified time, the court may, 24 || for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a 25 || request is made, before the original time or its extension expires; or (B) on motion made after the 26 || time has expired if the party failed to act because of excusable neglect.” 27 An extension of time may always be sought and is usually granted on a showing of good 28 || cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 F.R.D. 268

Page 2 of 3

| || (N.D. Ohio 1947). Also, a district court possesses the inherent power to control its own docket. 2 || Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); 3 || Olivia v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). 4 ||1. ARGUMENT 5 As noted above, this is the third request for an extension of time for the responsive 6 pleading. Counsel for the respective parties remain in regular and ongoing communication 7 |\|regarding the subject matter of the dispute and are endeavoring to negotiate an amicable 8 || settlement to avoid any necessity for furtherance of the instant litigation. This continuing good 9 || faith effort to resolve without litigation constitutes good cause for granting this request for 10 |} extension of time up to and including July 7, 2023, for Defendants to file a responsive pleading. 1 IT IS SO STIPULATED. ' |) DATED this 9" day of June 2023. DATED this 9" day of June 2023. 13 GALLIAN WELKER & AS ATES, L.C. SNELL & WILMER L.L.P. 14 ~) pr J,

16 || Nathan E. Lawrence/¥BN 15060 Nathan G. Kanute, NBN 12413 730 Las Végas Blvd. S., Ste. 104 Clark C. Knobel, NBN 15943 17 Tas Vegas, Nevada 89101 3883 Howard Hughes Pkwy., Ste. 1100 1s || Telephone: 702-892-3500 Las Vegas, Nevada 89169 Facsimile: 702-386-1946 Telephone: 702-784-5200 ig |) ACStme: 104-2 80- Facsimile: 702-784-5252 nlawrence@vegascase.com nkanute@swlaw.com 20 || Attorneys for Defendants cknobel@swlaw.com Attorneys for Plaintiffs 22 IT IS SO ORDERED. 23 24 DATED: June 12, 2023

26 27 He Z NEE _ 28 UNITED STATES MAGISTRATE JUDGE SA Page 3 of 3