Gould v. Trinity Services Group, Inc.

Opinion

5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7

8 STEVEN ERIC GOULD, Case No. 2:21-cv-00045-APG-NJK 9 Plaintiff(s), Order 10 v. [Docket No. 31] 11 TRINITY SERVICES GROUP, et al., 12 Defendant(s). 13 Pending before the Court is a motion to extend the deadline to respond to the complaint, 14 filed by Defendants Trinity Services, Harvey, and Mendoza on an ex parte basis. Docket No. 31. 15 Courts do not generally permit ex parte motion practice unless the movant proffers a weighty 16 reason for it. See, e.g., Maxson v. Mosaic Sales Sols. U.S. Operating Co., 2015 WL 4661981, at 17 *1 (D. Nev. July 29, 2015). Courts are particularly reluctant to allow ex parte motions without 18 sufficient justification because the CM/ECF system by default does not make those filings 19 available to the opposing party even after the request is adjudicated by the Court. See id. at *1 n.1. 20 While the Court does not require a response to the pending motion to resolve it, the motion 21 provides no explanation as to why Plaintiff should be left in the dark that the motion was filed.1 22 As such, the Clerk’s Office is INSTRUCTED to remove the CM/ECF restrictions for this motion 23 and to mail a copy of the motion to Plaintiff along with this order. 24 Having resolved the above administrative issue, the Court turns to the substance of the 25 request. The Court may extend an unexpired deadline for good cause. Fed. R. Civ. P. 6(b)(1)(A). 26

27 1 The motion indicates that it is possible to obtain ex parte relief under Rule 6(b)(1)(A) of the Federal Rules of Civil Procedure. See Docket No. 31 at 2. The motion does not explain why 28 the circumstances of this case warrant such an approach, however. 1} The moving Defendants indicate that Trinity will waive service, counsel has been recently 2|| retained, and additional time is needed to prepare a responsive pleading. See Docket No. 31 at 2. 3] Such reasoning suffices for an extension. Accordingly, the motion to extend is GRANTED and the deadline for the moving Defendants to respond to the complaint is EXTENDED to December 22, 2021. 6 IT IS SO ORDERED. 7 Dated: November 23, 2021 Nancy J. Koppa, 9 United StatesMagistrate Judge 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28