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 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 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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1 LL PROCEDURAL HISTORY 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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1 ARGUMENT 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 10 IT IS SO STIPULATED. 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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