Euro Motor Sport Inc. v. ARB Las Vegas

Opinion

1 Carl E. G. Arnold Nevada State Bar Number - 8358 2 1428 S. Jones Boulevard Las Vegas, Nevada 89146 3 Telephone: 702.358.1138 4 carl@cegalawgroup.com 5 Robert L. J. Spence, Jr. (pro hac vice approved) Kristina A. Woo (pro hac vice approved) 6 65 Union Avenue, Suite 900 7 Memphis, Tennessee 38103 Telephone: 901.312.9160 8 rspence@spencepartnerslaw.com kwoo@spencepartnerslaw.com 9 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 11 12 EURO MOTOR SPORT INC., and 13 SAMMIE BENSON, Case No.: 2:21-cv-00177-CDS-BNW 14 Plaintiffs 15 vs. ORDER GRANTING UNOPPOSED 16 ARB LAS VEGAS d/b/a LAS MOTION FOR EXTENSION OF DEADLINE TO FILE MOTION FOR 17 VEGAS TOWING, DEFAULT JUDGMENT (First Request) 18 Defendant [ECF No. 66] 19 20 21 COME NOW, the Plaintiffs, Euro Motor Sport, Inc., and Sammie, 22 Benson (collectively referred to as “Plaintiffs”), by and through undersigned counsel 23 of record, and move this Court to extend the Deadline for Plaintiffs to file a Motion 24 for Default Judgment through Thursday, August 3, 2023 (“Unopposed Motion”). 25 In support of this Unopposed Motion, the Plaintiffs state as follows: 26 27 28 1 I. INTRODUCTION 2 The Plaintiffs’ Unopposed Motion seeks a brief ten (10) day extension of the Court 3 mandated deadline to file a motion for default judgment that satisfies the requirements 4 of Fed. R. Civ. P. 55 and the factors established in Eitel v. McCool, 782 F.2d 1470, 5 1471-72 (9th Cir. 1986) by Monday, July 24, 2023. See ECF Doc. 64. 6 7 In support of this Unopposed Motion, Plaintiffs submit that the parties have for the 8 past several weeks engaged in settlement discussions and on Friday, July 21, 2023, 9 entered into a Settlement Agreement that will resolve all matters in this cause and 10 which will lead to the entry of a Stipulation of Dismissal of this cause. As Plaintiffs 11 seek to preserve all procedural and/or substantive rights available to them as the 12 13 parties finalize the Settlement Agreement, Plaintiffs request a brief ten (10) day 14 extension of the deadline to file a motion for default judgment. 15 II. RELEVANT FACTS GERMANE TO A CONSIDERATION OF THE ISSUE 16 1. On or about December 7, 2022, Magistrate Judge Brenda Weksler granted 17 Defendant Counsel, Andrew Leavitt’s, Motion to Withdraw as Counsel of Record for 18 19 the Defendant, and ordered Defendant to hire new counsel within sixty (60) days. 20 2. Defendant failed to hire new counsel by Monday, February 6, 2023. 21 3. On or about February 21, 2023, Magistrate Judge Weksler ordered 22 Defendant to retain counsel and have them file a notice of appearance by March 21, 23 2023. 24 25 4. On March 22, 2023, Defendant Counsel James Beckstrom, II entered a 26 notice of appearance on behalf of Defendant. ECF Doc. 57. 27 28 1 5. On March 24, 2023, Defendant Counsel James Beckstrom, II filed a Motion 2 to Withdraw as Attorney. ECF Doc. 60. 3 6. On March 28, 2023, Magistrate Judge Weksler granted Defendant Counsel 4 James Beckstrom, II’s Motion to Withdraw, and ordered Defendant to hire new 5 counsel by April 27, 2023, advising that failure to do so may result in default being 6 7 entered against Defendant. ECF Doc. 61. 8 7. On May 1, 2023, Magistrate Judge Weksler provided Defendant with one 9 last opportunity to retain counsel by May 16, 2023. 10 8. On June 7, 2023, Magistrate Judge Weksler issued a Report and 11 Recommendation that a default judgment be entered against Defendant for failure to 12 13 comply with Court orders and retain counsel. ECF Doc. 63. 14 9. On June 29, 2023, District Judge Cristina D. Silva adopted Magistrate 15 Judge Weksler’s Report and Recommendation, and ordered the Clerk of the Court 16 enter a default against Defendant and that Plaintiffs file a motion for default judgment 17 in compliance with Fed. R. Civ. P. 55 and Eitel v. McCool, 782 F.2d 1470, 1471-72 18 19 (9th Cir. 1986) by July 24, 2023. ECF Doc. 64. 20 10. On Friday, July 21, 2023, the parties entered into a Settlement Agreement 21 that resolves all claims pending before the Court. 22 11. Plaintiffs seek a brief ten (10) day extension to finalize the initial compliance 23 obligation under the Settlement Agreement. To the extent Defendant is compliant 24 25 with the initial terms of the Settlement Agreement, Plaintiffs will file with the Court a 26 Stipulation of Dismissal Without Prejudice. To the extent Defendant fails to comply 27 28 1 with the terms of the Settlement Agreement, Plaintiffs will file a proper Motion for 2 Default Judgment. 3 III. STATEMENT AS TO WHY THE MOTION FOR DEFAULT JUDGMENT 4 CANNOT BE FILED WITHIN THE TIME LIMIT SET BY THE COURT’S ORDER 5 Plaintiffs have the ability to within the time limit set by the Court file a motion for 6 7 default judgment in compliance with Fed. R. Civ. 55 and Eitel v. McCool, 782 F.2d 8 1470, 1471-72 (9th Cir. 1986). However, given the execution of the Settlement 9 Agreement between the parties and the brief period time for the initial compliance 10 obligation, in the interest of judicial economy and to avoid incurring unnecessary legal 11 expenses and costs, Plaintiffs request a brief extension of ten (10) days to determine 12 13 whether the entire matter may be resolved with a Stipulation of Dismissal Without 14 Prejudice. 15 IV. PROPOSED EXTENSION OF DEADLINE TO FILE MOTION FOR 16 DEFAULT JUDGMENT 17 Based on the foregoing, the Plaintiffs request the Court grant their Motion and 18 extend the deadline to file a motion for default judgment against the Defendants 19 through Thursday, August 3, 2023. 20 V. LR IA 1-3(f) AND LR 26-6 DECLARATION 21 22 I, Kristina A. Woo, declare in compliance with LR IA 1-3(f) and LR 26-6 that on 23 Monday, July 24, 203 at 11:17 a.m., I sent an electronic communication to Defendant 24 regarding the relief sought in this Motion. 25 /s/ Kristina A. Woo 26 27 28 Respectfully Submitted, 2 By: /s/ Robert L. J. Spence, Jr. 3 Robert L. J. Spence, Jr. (pro hac vice approved) Kristina A. Woo (pro hac vice approved) 4 80 Monroe Avenue, Garden Suite One Memphis, Tennessee 38103 5 Telephone: 901.312.9160 6 Facsimile: 901.521.9550 rspence@spence-lawfirm.com 7 kwoo@spence-lawfirm.com 8 /s/ CarLE. G. Arnold 9 Carl E.G. Arnold (State Bar No.8358) 1428 S. Jones Blvd. 10 Las Vegas, Nevada 89146 Telephone: 702.358.1138 11 carl@cegalawgroup.com 12 Attorneys for Plaintiffs 13 14 CERTIFICATE OF SERVICE | do hereby certify that a copy of the foregoing has been served through the 15 || Court’s ECF filing system, electronic mail, and/or U.S. Mail on the following this 24" day of July, 2023. 16 17 ARB Las Vegas d/b/a Las Vegas Towing 18 c/o Danielle Leleu 2968 Marco Street B 19 Las Vegas, Nevada 89115 20 /s/ Robert L. J. Spence, Jr. 21 22 23 *\ 24 IT IS SO ORDERED: 25 LZ 26 ¢ 67A— UNIT DATATES DISTRICT JUDGE 27 28 Date July25,2023