Bourne v. Rookies Inc.

• Court: District Court, D. Nevada
• Decided: February 9, 2023
• Docket: 3:22-cv-00521
• Status: Unknown

Opinion

1 JNOeSvaHdUa AB aAr. NSoL.I K12E4R9,3 E SQ. 2 HILARY A. WILLIAMS, ESQ. Nevada Bar No. 14645 3 JACKSON LEWIS P.C. 300 S. Fourth Street, Suite 900 4 Las Vegas, Nevada 8910 1 Telephone: (702) 921-2460 5 Facsimile: (702) 921-2461 Email: joshua.sliker@jacksonlewis.com 6 Email: hilary.williams@jacksonlewis.com 7 Attorneys for Defendant Rookies Inc. d/b/a 8 Rookie’s Sports Bar and Grill 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 CHAD BOURNE, an individual Case No. 3:22-cv-00521-MMD-CSD 12 Plaintiff, DEFENDANT ROOKIES INC. D/B/A 13 vs. ROOKIE’S SPORTS BAR AND GRILL’S MOTION TO EXTEND TIME TO 14 ROOKIES INC. D/B/A ROOKIE’S SPORTS RESPOND TO PLAINTIFF’S BAR AND GRILL; DOES I through X; and COMPLAINT 15 ROE Corporations XI through XX, inclusive, (FIRST REQUEST) 16 Defendant. 17 18 Defendant ROOKIES INC. d/b/a ROOKIE’S SPORTS BAR AND GRILL (“Defendant”), 19 by and through its counsel Jackson Lewis P.C., hereby brings the instant Motion to Extend Time to 20 Respond to Plaintiff’s Complaint. Defendant’s response to the Complaint is currently due on 21 February 8, 2023. Defendant seeks an extension up to and including February 22, 2023. This is 22 Defendant’s first request to extend time to file its response to the Complaint. This Motion is based 23 on the following Memorandum of Points and Authorities, all pleadings and documents on file with 24 the Court, and any oral argument the Court deems proper. 25 MEMORANDUM OF POINTS AND AUTHORITIES 26 I. BACKGROUND 27 This case appears to be an employment discrimination case brought by Plaintiff Chad 28 Bourne (“Plaintiff”) against Defendant. Plaintiff served the Summons and Complaint on Defendant 1 on January 18, 2023, and the deadline to respond is February 8, 2023. 2 However, Defendant’s counsel was only retained on February 8, 2023, the same day as the 3 deadline to file a response to the Complaint. Defendant promptly called Plaintiff’s counsel to 4 evaluate the possibility of filing a stipulation to extend time to respond to the Complaint but was 5 unable to reach Plaintiff’s counsel. 6 As Defendant’s counsel was only recently retained, Defendant’s counsel has not been able 7 to investigate the allegations of Plaintiff’s Complaint or Defendant’s defenses thus prompting this 8 Motion. 9 II. LEGAL ARGUMENT 10 Fed. R. Civ. P. 6(b)(1) provides that when an act must be done within a specified time, the 11 Court “may, for good cause, extend the time . . . with or without motion or notice if the court acts, 12 or if a request is made, before the original time or its extension expires . . . .”[1] “Good cause” is not 13 a rigorous or high standard, and courts have construed the test broadly. Ahanchion v. Kenan Pictures, 14 624 F.3d 1253 (9th Cir. 2010). Rule 6(b) “[is] to be liberally construed to effectuate the general 15 purpose of seeing that cases are tried on the merits.” Rodgers v. Watt, 722 F.2d 456, 459 (9th Cir. 16 1983); Wong v. Regents of the Univ. of Calif., 410 F.3d 1052, 1060 (9th Cir. 2005) (“Of course, 17 courts should not mindlessly enforce deadlines.”). Indeed, the “good cause” standard “primarily 18 considers the diligence of the party seeking the amendment.” In re W. States Wholesale Nat. Gas 19 Antitrust Litig., 715 F.3d 716, 737 (9th Cir. 2013). In general, an application for extension of time 20 under Rule 6(b)(1)(A) will be granted in the absence of bad faith. Ahanchion, 624 F.3d at 1259 21 (quoting 4B CHARLES ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE § 22 1165 (3d ed. 2004)) (internal quotations omitted). 23 Here, there is good cause to extend the time for Defendant to file its response to Plaintiff’s 24 Complaint to February 22, 2023. Defendant’s counsel is evaluating Defendant’s defenses and the 25 allegations in Plaintiff’s Complaint. However, Defendant’s counsel has had insufficient time to 26 27 1 || investigate the allegations and prepare Defendant’s response having been retained on the date the 2 || response is due. Defendant’s counsel will also need time to confer with Defendant regarding the 3 || response. 4 As such, Defendant requires time to have a fair and sufficient opportunity to investigate and 5 || evaluate these matters and prepare its response. Accordingly, Defendant expressly reserves the right 6 || to assert defenses, including without limitation, motions under Fed. R. Civ. P. 12(b), as no such 7 || motion is made here and therefore none are waived. Szanto v. Marina Marketplace 1, LLC, No. 8 | 3:11-cv-00394-RCJ-VPC, 2013 U.S. Dist. LEXIS 168028, at *10 (D. Nev. Nov. 26, 2013). 9 || Defendant has acted diligently to retain defense counsel and begin preparing its defense. No prior 10 || extensions have been requested, and this request is not made in bad faith or to delay the proceedings. 1] Ii. CONCLUSION 12 For the foregoing reasons, Defendant respectfully requests the Court grant its Motion to 13 || Extend Time to Respond to Plaintiff's Complaint up to and including February 22, 2023. 14 DATED this 8th day of February, 2023. 15 JACKSON LEWIS P.C. 16 /s/ Joshua A. Sliker JOSHUA A. SLIKER, ESQ. M7 Nevada Bar No. 12493 18 HILARY A. WILLIAMS, ESQ. Nevada Bar No. 14645 19 300 S. Fourth Street, Ste. 900 Las Vegas, Nevada 89101 20 Attorneys for Defendant Rookies, Inc. 21 d/b/a Rookie’s Sports Bar and Grill 22 93 | IT ISSO ORDERED. 24 DATED: February 9, 2023. CS x 26 UNITED STATES MAGISTRATE JUDGE 27 28 LEWIS P.C