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

Opinion

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 6 SW North America, Inc. 7 10 SMITH & WESSON BRANDS, INC., on. il SMITH & WESSON INC., Case No.: 2:22-cv-01773-JCM-EJY 12 Plaintiffs, STIPULATION AND ORDER FOR 13 EXTENSION OF TIME FOR 14 v. DEFENDANT SW NORTH AMERICA, INC. TO FILE RESPONSIVE 1s || SW NORTH AMERICA, INC., PLEADING TO PLAINTIFFS’ 16 Defendants. COMPLAINT

17 (Second Request) 18 19 Pursuant to Fed. R. Civ. P. Rule 6(b)(1)(A) and LR IA 6-1, Plaintiffs SMITH & WESSON 20 } BRANDS, INC. and SMITH & WESSON INC. (“Plaintiffs” or “Smith & Wesson”), by and 21 through the law offices of BALLARD SPAHR LLP, and Defendant SW NORTH AMERICA, INC. 22 (“SWNA”), by and through the law offices of GALLIAN WELKER & ASSOCIATES, L.C., hereby 23 stipulate and agree to extend the time for Defendant SWNA to file an answer or other responsive 24 pleading to Smith & Wesson’s Complaint up to and including December 15, 2022. This is the 25 second request to extend the responsive pleading deadline, and good cause exists for granting this 26 extension, as attempts to effect a negotiated resolution remain ongoing. 27 28

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2 l. 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. On November 7, 2022, the parties submitted their first Stipulation for Extension of 8 Time for Defendant SW North America, Inc. to File Responsive Pleading to Plaintiffs’ Complaint 9 [ECF No. 14], with the Order [ECF No. 17] thereon being entered by the Court the same day. 10 4. Pursuant to colloquy between respective counsel, ongoing efforts to achieve a 11 negotiated resolution of the matter, and reasonable allowance of time for SWNA to prepare its 12 responsive pleading, as necessary, the parties hereby submit this second stipulation to extend the 13 time for SWNA to file a responsive pleading. 14 . LEGAL STANDARD 15 Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, in relevant part, that 16 “[w]hen an act may or must be done within a specified time, the court may, for good cause, extend 17 the time: (A) with or without motion or notice if the court acts, or if a request is made, before the 18 original time or its extension expires.” If additional time for any purpose is needed, the proper 19 procedure is to present a request for extension of time before the time fixed has expired. Canup 20 v. Mississippi Val. Barge Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). 21 An extension of time may always be sought and is usually granted on a showing of good 22 cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 F.R.D. 268 23 (N.D. Ohio 1947). Also, a district court possesses the inherent power to control its own docket. 24 Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); 25 Olivia v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). LR IA 6-1 additionally requires that a 26 motion to extend time must state the reasons for the extension requested and will not be granted a7 || if requested after the expiration of the specified period unless the movant demonstrates that the 28 failure to file the motion before the deadline expired resulted because of excusable neglect.

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2 As noted above, this is the second request for an extension of time from the current 3 deadline of December 5, 2022. This extension is timely, presented to the Court prior the expiry 4 of the noted deadline. Communication between the parties has been initiated regarding the subject 5 matter of the dispute with the goal of negotiating an amicable settlement to avoid any necessity 6 furtherance of the instant litigation. These continuing efforts constitutes good cause for 7 granting this request for extension of time up to and including December 15, 2022, for SWNA to 8 {| file a responsive pleading. 9 i 12 DATED this 2™4 day of December 2022. DATED this 2™4 day of December 2022. 13 || GALLIAN WELKER & Af ATES, L.C. | BALLARD SPAHR LLP 14 16 OG tf (——— /s/ Andrew S. Clark Nathan E/Lawrencé, NBN 15060 Joel E. Tasca, NBN 14124 '6 || 730 Las Vegas Blvd. S., Ste. 104 Andrew S. Clark, NBN 14854 4 17 || Las Vegas, Nevada 89101 1980 Festival Plaza Drive, Suite 900 Telephone: 702-892-3500 Telephone, a No ° 18 - 702-471- Facsimile: 702-386-1946 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., 21 Smith & Wesson Inc. 22 IT IS SO ORDERED. 23 24 DATED: December □□ 2022 __ 25 26 27 UNITED STA ISTRATE JUDGE

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