Smith & Wesson Brands, Inc. v. SW North America, Inc.

D. Nevada

Smith & Wesson Brands, Inc. v. SW North America, Inc.

DecidedNovember 7, 2022

Docket2:22-cv-01773

StatusUnknown

This text of Smith & Wesson Brands, Inc. v. SW North America, Inc. (Smith & Wesson Brands, Inc. v. SW North America, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Smith & Wesson Brands, Inc. v. SW North America, Inc., (D. Nev. 2022).

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GALLIAN WELKER & ASSOCIATES, L.C. Nathan E. Lawrence, NBN 15060 2 || 730 Las Vegas Blvd. S., Ste. 104 3 || Las Vegas, Nevada 89101 Telephone: 702-892-3500 4 || Facsimile: 702-386-1946 5 || nlawrence@vegascase.com Attorneys for Defendant ° SW North America, Inc. 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 SMITH & WESSON BRANDS, INC., 11 SMITH & WESSON INC. Case No.: 2:22-cv-01773-JCM-EJY 12 Plaintiffs, STIPULATION AND ORDER FOR s | EXTENSION OF TIME FOR 14 v. DEFENDANT SW NORTH AMERICA, SW NORTH AMERICA. INC INC. TO FILE RESPONSIVE ae a PLEADING TO PLAINTIFFS’ 16 Defendants. COMPLAINT wed 17 (First Request) 18 19 20 Pursuant to Fed. R. Civ. P. Rule 6(b)(1)(A) and LR IA 6-1, Plaintiffs SMITH & WESSON 21 || BRANDS, INC. and SMITH & WESSON INC. (“Plaintiffs” or “Smith & Wesson’), by and 22 || through the law offices of BALLARD SPAHR LLP, and Defendant SW NORTH AMERICA, INC. 23 || “SWNA”), by and through the law offices of GALLIAN WELKER & ASSOCIATES, L.C., hereby 24 || stipulate and agree to extend the time for Defendant SWNA to file an answer or other responsive 25 || pleading to Smith & Wesson’s Complaint up to and including December 5, 2022. This is the first 26 ||request to extend the responsive pleading deadline, and good cause exists for granting this 27 || extension, as the parties are attempting to effect a negotiated resolution of the instant matter. 28

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PROCEDURAL HISTORY 2 1. On October 20, 2022, Plaintiffs filed their Complaint [ECF No. 1], initiating this 3 || action. 4 2. On October 21, 2022, the Court issued the summons as to SWNA, with service of 5 || process being effected on SWNA on October 25, 2022 [ECF No. 9]; accordingly, the initial deadline 6 || for a responsive pleading by SWNA is November 15, 2022. 7 3. Pursuant to colloquy between respective counsel and ongoing efforts to achieve a 8 || negotiated resolution of the matter, the parties hereby submit the instant stipulation to extend the 9 || time for SWNA to file a responsive pleading. 10 i LEGAL STANDARD 12 Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, in relevant part, that 1 “[w]hen an act may or must be done within a specified time, the court may, for good cause, extend 14 || the time: (A) with or without motion or notice if the court acts, or if a request is made, before the 45 15 || original time or its extension expires.” If additional time for any purpose is needed, the proper 16 || procedure is to present a request for extension of time before the time fixed has expired. Canup 17 || v. Mississippi Val. Barge Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). 18 An extension of time may always be sought and is usually granted on a showing of good 19 || cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 F.R.D. 268 20 || (N.D. Ohio 1947). Also, a district court possesses the inherent power to control its own docket. 21 || Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); 22 || Olivia v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). LR IA 6-1 additionally requires that a 23 || motion to extend time must state the reasons for the extension requested and will not be granted 24 requested after the expiration of the specified period unless the movant demonstrates that the 25 || failure to file the motion before the deadline expired resulted because of excusable neglect. 26 27 28

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1 ARGUMENT 2 As noted above, this is the first request for an extension of time from the originally 3 imposed deadline of November 15, 2022. This extension is timely, presented to the Court prior 4 ||the expiry of the noted deadline. Counsel for the respective parties are in communication 5 |jregarding the subject matter of the dispute and are endeavoring to negotiate an amicable 6 || Settlement to avoid any necessity for furtherance of the instant litigation. The continuing 7 negotiation constitutes good cause for granting this request for extension of time up to and 8 || including December 5, 2022, for SWNA to file a responsive pleading. 9 10 IT IS SO STIPULATED.

12 || DATED this 7" day of November 2022. DATED this 7 day of November 2022. S 13 GALLIAN WELKER & ATES, L.C. BALLARD SPAHR LLP 14 Co) Yifh 15 “YE Ady ive Andrew S. Clark Nathgh E. Lawrence, NBN 15060 Joel E. Tasca, NBN 14124 z= 16 || 730 Las Vegas Blyd. S., Ste. 104 Andrew S. Clark, NBN 14854 4 7 || Las Vegas, Nevada 89101 1980 Festival Plaza Drive, Suite 900 Telephone: 702-892-3500 Las Vegas, Nevada 89135 18 |! Facsimile: 702-386-1946 Telephone: 702-471-7000 ASHE. NEI Facsimile: 702-471-7070 19 || nlawrence@vegascase.com tasca@ballardspahr.com Attorneys for Defendant clarkas@ballardspahr.com SW North America, Inc. Attorneys for Smith & Wesson Brands, Inc., Smith & Wesson Inc. 22 23 IT IS SO ORDERED. 24 November 7, 2022 DATED; _SOvembst & 26 27 28 UNITED |STAT TRATE JUDGE

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GALLIAN WELKER & ASSOCIATES, L.C. Nathan E. Lawrence, NBN 15060 2 || 730 Las Vegas Blvd. S., Ste. 104 3 || Las Vegas, Nevada 89101 Telephone: 702-892-3500 4 || Facsimile: 702-386-1946 5 || nlawrence@vegascase.com Attorneys for Defendant ° SW North America, Inc. 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 SMITH & WESSON BRANDS, INC., 11 SMITH & WESSON INC. Case No.: 2:22-cv-01773-JCM-EJY 12 Plaintiffs, STIPULATION AND ORDER FOR s | EXTENSION OF TIME FOR 14 v. DEFENDANT SW NORTH AMERICA, SW NORTH AMERICA. INC INC. TO FILE RESPONSIVE ae a PLEADING TO PLAINTIFFS’ 16 Defendants. COMPLAINT wed 17 (First Request) 18 19 20 Pursuant to Fed. R. Civ. P. Rule 6(b)(1)(A) and LR IA 6-1, Plaintiffs SMITH & WESSON 21 || BRANDS, INC. and SMITH & WESSON INC. (“Plaintiffs” or “Smith & Wesson’), by and 22 || through the law offices of BALLARD SPAHR LLP, and Defendant SW NORTH AMERICA, INC. 23 || “SWNA”), by and through the law offices of GALLIAN WELKER & ASSOCIATES, L.C., hereby 24 || stipulate and agree to extend the time for Defendant SWNA to file an answer or other responsive 25 || pleading to Smith & Wesson’s Complaint up to and including December 5, 2022. This is the first 26 ||request to extend the responsive pleading deadline, and good cause exists for granting this 27 || extension, as the parties are attempting to effect a negotiated resolution of the instant matter. 28

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PROCEDURAL HISTORY 2 1. On October 20, 2022, Plaintiffs filed their Complaint [ECF No. 1], initiating this 3 || action. 4 2. On October 21, 2022, the Court issued the summons as to SWNA, with service of 5 || process being effected on SWNA on October 25, 2022 [ECF No. 9]; accordingly, the initial deadline 6 || for a responsive pleading by SWNA is November 15, 2022. 7 3. Pursuant to colloquy between respective counsel and ongoing efforts to achieve a 8 || negotiated resolution of the matter, the parties hereby submit the instant stipulation to extend the 9 || time for SWNA to file a responsive pleading. 10 i LEGAL STANDARD 12 Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, in relevant part, that 1 “[w]hen an act may or must be done within a specified time, the court may, for good cause, extend 14 || the time: (A) with or without motion or notice if the court acts, or if a request is made, before the 45 15 || original time or its extension expires.” If additional time for any purpose is needed, the proper 16 || procedure is to present a request for extension of time before the time fixed has expired. Canup 17 || v. Mississippi Val. Barge Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). 18 An extension of time may always be sought and is usually granted on a showing of good 19 || cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 F.R.D. 268 20 || (N.D. Ohio 1947). Also, a district court possesses the inherent power to control its own docket. 21 || Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); 22 || Olivia v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). LR IA 6-1 additionally requires that a 23 || motion to extend time must state the reasons for the extension requested and will not be granted 24 requested after the expiration of the specified period unless the movant demonstrates that the 25 || failure to file the motion before the deadline expired resulted because of excusable neglect. 26 27 28

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1 ARGUMENT 2 As noted above, this is the first request for an extension of time from the originally 3 imposed deadline of November 15, 2022. This extension is timely, presented to the Court prior 4 ||the expiry of the noted deadline. Counsel for the respective parties are in communication 5 |jregarding the subject matter of the dispute and are endeavoring to negotiate an amicable 6 || Settlement to avoid any necessity for furtherance of the instant litigation. The continuing 7 negotiation constitutes good cause for granting this request for extension of time up to and 8 || including December 5, 2022, for SWNA to file a responsive pleading. 9 10 IT IS SO STIPULATED.

12 || DATED this 7" day of November 2022. DATED this 7 day of November 2022. S 13 GALLIAN WELKER & ATES, L.C. BALLARD SPAHR LLP 14 Co) Yifh 15 “YE Ady ive Andrew S. Clark Nathgh E. Lawrence, NBN 15060 Joel E. Tasca, NBN 14124 z= 16 || 730 Las Vegas Blyd. S., Ste. 104 Andrew S. Clark, NBN 14854 4 7 || Las Vegas, Nevada 89101 1980 Festival Plaza Drive, Suite 900 Telephone: 702-892-3500 Las Vegas, Nevada 89135 18 |! Facsimile: 702-386-1946 Telephone: 702-471-7000 ASHE. NEI Facsimile: 702-471-7070 19 || nlawrence@vegascase.com tasca@ballardspahr.com Attorneys for Defendant clarkas@ballardspahr.com SW North America, Inc. Attorneys for Smith & Wesson Brands, Inc., Smith & Wesson Inc. 22 23 IT IS SO ORDERED. 24 November 7, 2022 DATED; _SOvembst & 26 27 28 UNITED |STAT TRATE JUDGE

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