1 JAMES P. KEMP, ESQUIRE Nevada Bar No.: 006375 2 KEMP & KEMP, ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110, 3 Las Vegas, NV 89130 4 (702)258-1183 tel./(702) 258-6983 fax jp@kemp-attorneys.com 5 Attorneys for Plaintiff 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 * * * 9 TRACEY EGINTON, ) Plaintiff, ) Case No.: 2:25:-cv-01115-CDS-DJA 10 vs. ) ) ) PLAINTIFF’S EX PARTE MOTION TO 11 SEGA SAMMY CREATION USA INC., a ) EXTEND TIME TO SERVE SUMMONS Nevada corporation, ) AND COMPLAINT ON DEFENDANT 12 ) ) [SECOND REQUEST] 13 Defendant. ) ) 14 ) ) 15 COMES NOW PLAINTIFF by and through her counsel of record, JAMES P. KEMP, ESQ, 16 and pursuant to FRCP Rules 4 and 6 hereby moves the Court for an Order extending time to serve 17 18 process on Defendant SEGA SAMMY CREATION USA INC. for a period of approximately thirty 19 (30)days, through and including January 20, 2026. This Motion is made upon the papers and pleadings 20 set forth herein and attached hereto. The request for an extension of time is made in good faith and not 21 for purposes of delay. This is the second request for an extension of this deadline and is made prior to 22 the current deadline to serve process on the Defendant which is Thursday, December 18, 2025 23 Dated this 18th day of December, 2025. 24 /s/ James P. Kemp 25 JAMES P. KEMP, ESQUIRE Attorneys for Plaintiff 26 27 1 POINTS AND AUTHORITIES 2 I. INTRODUCTION 3 This case was filed with the court on June 21, 2025. There was one prior extension of the deadline 4 to serve the summons and complaint on Defendant Sega Sammy Creation USA Inc. (ECF No. 7) from 5 September 19, 2025 through and including December 18, 2025. This Motion is being brought in 6 accordance with LR-IA 6-1, FRCP Rule 6, and FRCP 4(m). (See generally Ex. A. Kemp Decl). 7 8 In summary, this case is a retaliation case under Title VII of the Civil Rights Act of 1964 and NRS 9 613.340 that alleges that the Defendant retaliated against Plaintiff in the process of filing and 10 prosecuting allegedly meritless and frivolous counterclaims in Plaintiff’s discrimination case currently 11 pending in Nevada state court in the Eighth Judicial District Court, Case No. A-23-877502-C. This case 12 in this court is based upon a new EEOC charge that was filed and administratively exhausted AFTER 13 the deadline to amend to add new claims in the state court case had expired and also because this case is 14 based upon a separate nucleus of operative fact that is not the same as the state court case. 15 The parties in state court participated in a settlement conference on November 19, 2025 and have 16 17 reached a resolution that, once finalized, is expected to result in a motion to voluntarily dismiss this 18 federal action and seek a sealing of the matter. The parties are working on finalizing the written 19 agreement to globally resolve all disputes. The Plaintiff believes that this case in federal court should 20 not be served, and litigation of issues should not begin in this court, given the high likelihood that the 21 matter will be finally and formally resolved by agreement. Accordingly, the Plaintiff asserts that there is 22 good cause to extend time to serve process on the Defendant in this case for an additional month, 23 through and including January 20, 2026. 24 II. ARGUMENT 25 26 A. Good cause exists to grant Plaintiff’s Motion to Extend Time for Service of Process on Defendant. 27 The facts set forth in the Declaration of James P. Kemp, Esq. (Exhibit A attached 1 hereto) is incorporated here by this reference as though fully set forth herein. 2 Federal Rules of Civil Procedure (FRCP) Rule 6(b) provides in relevant part: 3 4 (1) In General: When an act may or must be done within a specified time, the court 5 may, for good cause, extend time: (A) with to without motion or notice if the court acts, or is a request is made. 6 Fed. R. Civ. P. 6. 7 Furthermore, the Rule which governs the time limit for service in Federal Court says “[if] a 8 9 defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own 10 after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order 11 that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court 12 must extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m). This Rule “require[s] a 13 court to extend time if good cause is shown and ... allow[s] a court discretion to dismiss or extend time 14 absent a showing of good cause.” Matasareanu v. Williams, 183 F.R.D. 242, 245 (C.D. Cal. 1998), citing 15 Petrucelli v. Bohringer and Ratzinger, GMBH Ausdereitungsanlagen, 46 F.3d 1298, 1305 (3d Cir.1995). It is 16 important to note that this Motion is being filed BEFORE the current deadline has expired. Accordingly, 17 18 the Plaintiff does NOT have to show excusable neglect, simply good cause and Plaintiff knows of no 19 court that would decline to hold that giving parties time to finalize a global resolution of all disputes is 20 good cause. It certainly is good cause to attempt to resolve the case before any litigation, work, or judicial 21 resources are required. With good cause shown, the court “must” grant an extension for an appropriate 22 time under Rule 4(m). The additional one month to January 20, 2026 is an appropriate time under the 23 circumstances. The new requested deadline for serving process on Defendant is January 20, 2026. 24 /// 25 /// 26 27 1 III.CONCLUSION 2 Plaintiff respectfully request this Court to issue an Order permitting Plaintiff an additional one 3 month period through and including January 20, 2026 to perfect service against Defendant Sega Sammy Creation USA Inc. DATED December 18, 2025 ____/s/ James P. Kemp 7 JAMES P. KEMP, ESQUIRE 93 Nevada Bar No.: 006375 KEMP & KEMP, ATTORNEYS AT LAW 9 7435 W. Azure Drive, Suite 110, Las Vegas, NV 89130 10 Attorneys for Plaintiff 11 12 2 13 ORDER IT ISSO ORDERED:
& 15]! Dated this 22nd day of December, 2025
oes 16 IP XD | AM UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28
1 INDEX TO EXHIBITS 2 1. Declaration of James P. Kemp, Esq. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT A
Declaration of James P. Kemp, Esq.
EXHIBIT A 1 JAMES P. KEMP, ESQUIRE Nevada Bar No.: 006375 2 KEMP & KEMP, ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110, 3 Las Vegas, NV 89130 4 (702) 258-1183 tel./(702) 258-6983 fax jp@kemp-attorneys.com 5 Attorneys for Plaintiff 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 * * * 9 TRACEY EGINTON, ) Plaintiff, ) Case No.: 2:25:-cv-01115-CDS-DJA 10 vs. ) ) ) 11 SEGA SAMMY CREATION USA INC., a ) DECLARATION OF JAMES P. KEMP IN Nevada corporation, ) 12 ) SUPPORT OF EX PARTE MOTION TO ) EXTEND TIME TO SERVE SUMMONS 13 Defendant. ) AND COMPLAINT ) 14 ) ) 15 16 COMES NOW JAMES P. KEMP, ESQ., and hereby declares under penalty of perjury as 17 follows: 18 1. I am a resident of Clark County, Nevada, and over the age of eighteen (18) years of age. 19 2. I am an attorney duly licensed to practice before all courts within the State of Nevada, 20 including the United States District Court for the District of Nevada. I am counsel of record for 21 22 Plaintiff, Tracey Eginton. 23 3.
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1 JAMES P. KEMP, ESQUIRE Nevada Bar No.: 006375 2 KEMP & KEMP, ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110, 3 Las Vegas, NV 89130 4 (702)258-1183 tel./(702) 258-6983 fax jp@kemp-attorneys.com 5 Attorneys for Plaintiff 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 * * * 9 TRACEY EGINTON, ) Plaintiff, ) Case No.: 2:25:-cv-01115-CDS-DJA 10 vs. ) ) ) PLAINTIFF’S EX PARTE MOTION TO 11 SEGA SAMMY CREATION USA INC., a ) EXTEND TIME TO SERVE SUMMONS Nevada corporation, ) AND COMPLAINT ON DEFENDANT 12 ) ) [SECOND REQUEST] 13 Defendant. ) ) 14 ) ) 15 COMES NOW PLAINTIFF by and through her counsel of record, JAMES P. KEMP, ESQ, 16 and pursuant to FRCP Rules 4 and 6 hereby moves the Court for an Order extending time to serve 17 18 process on Defendant SEGA SAMMY CREATION USA INC. for a period of approximately thirty 19 (30)days, through and including January 20, 2026. This Motion is made upon the papers and pleadings 20 set forth herein and attached hereto. The request for an extension of time is made in good faith and not 21 for purposes of delay. This is the second request for an extension of this deadline and is made prior to 22 the current deadline to serve process on the Defendant which is Thursday, December 18, 2025 23 Dated this 18th day of December, 2025. 24 /s/ James P. Kemp 25 JAMES P. KEMP, ESQUIRE Attorneys for Plaintiff 26 27 1 POINTS AND AUTHORITIES 2 I. INTRODUCTION 3 This case was filed with the court on June 21, 2025. There was one prior extension of the deadline 4 to serve the summons and complaint on Defendant Sega Sammy Creation USA Inc. (ECF No. 7) from 5 September 19, 2025 through and including December 18, 2025. This Motion is being brought in 6 accordance with LR-IA 6-1, FRCP Rule 6, and FRCP 4(m). (See generally Ex. A. Kemp Decl). 7 8 In summary, this case is a retaliation case under Title VII of the Civil Rights Act of 1964 and NRS 9 613.340 that alleges that the Defendant retaliated against Plaintiff in the process of filing and 10 prosecuting allegedly meritless and frivolous counterclaims in Plaintiff’s discrimination case currently 11 pending in Nevada state court in the Eighth Judicial District Court, Case No. A-23-877502-C. This case 12 in this court is based upon a new EEOC charge that was filed and administratively exhausted AFTER 13 the deadline to amend to add new claims in the state court case had expired and also because this case is 14 based upon a separate nucleus of operative fact that is not the same as the state court case. 15 The parties in state court participated in a settlement conference on November 19, 2025 and have 16 17 reached a resolution that, once finalized, is expected to result in a motion to voluntarily dismiss this 18 federal action and seek a sealing of the matter. The parties are working on finalizing the written 19 agreement to globally resolve all disputes. The Plaintiff believes that this case in federal court should 20 not be served, and litigation of issues should not begin in this court, given the high likelihood that the 21 matter will be finally and formally resolved by agreement. Accordingly, the Plaintiff asserts that there is 22 good cause to extend time to serve process on the Defendant in this case for an additional month, 23 through and including January 20, 2026. 24 II. ARGUMENT 25 26 A. Good cause exists to grant Plaintiff’s Motion to Extend Time for Service of Process on Defendant. 27 The facts set forth in the Declaration of James P. Kemp, Esq. (Exhibit A attached 1 hereto) is incorporated here by this reference as though fully set forth herein. 2 Federal Rules of Civil Procedure (FRCP) Rule 6(b) provides in relevant part: 3 4 (1) In General: When an act may or must be done within a specified time, the court 5 may, for good cause, extend time: (A) with to without motion or notice if the court acts, or is a request is made. 6 Fed. R. Civ. P. 6. 7 Furthermore, the Rule which governs the time limit for service in Federal Court says “[if] a 8 9 defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own 10 after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order 11 that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court 12 must extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m). This Rule “require[s] a 13 court to extend time if good cause is shown and ... allow[s] a court discretion to dismiss or extend time 14 absent a showing of good cause.” Matasareanu v. Williams, 183 F.R.D. 242, 245 (C.D. Cal. 1998), citing 15 Petrucelli v. Bohringer and Ratzinger, GMBH Ausdereitungsanlagen, 46 F.3d 1298, 1305 (3d Cir.1995). It is 16 important to note that this Motion is being filed BEFORE the current deadline has expired. Accordingly, 17 18 the Plaintiff does NOT have to show excusable neglect, simply good cause and Plaintiff knows of no 19 court that would decline to hold that giving parties time to finalize a global resolution of all disputes is 20 good cause. It certainly is good cause to attempt to resolve the case before any litigation, work, or judicial 21 resources are required. With good cause shown, the court “must” grant an extension for an appropriate 22 time under Rule 4(m). The additional one month to January 20, 2026 is an appropriate time under the 23 circumstances. The new requested deadline for serving process on Defendant is January 20, 2026. 24 /// 25 /// 26 27 1 III.CONCLUSION 2 Plaintiff respectfully request this Court to issue an Order permitting Plaintiff an additional one 3 month period through and including January 20, 2026 to perfect service against Defendant Sega Sammy Creation USA Inc. DATED December 18, 2025 ____/s/ James P. Kemp 7 JAMES P. KEMP, ESQUIRE 93 Nevada Bar No.: 006375 KEMP & KEMP, ATTORNEYS AT LAW 9 7435 W. Azure Drive, Suite 110, Las Vegas, NV 89130 10 Attorneys for Plaintiff 11 12 2 13 ORDER IT ISSO ORDERED:
& 15]! Dated this 22nd day of December, 2025
oes 16 IP XD | AM UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28
1 INDEX TO EXHIBITS 2 1. Declaration of James P. Kemp, Esq. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT A
Declaration of James P. Kemp, Esq.
EXHIBIT A 1 JAMES P. KEMP, ESQUIRE Nevada Bar No.: 006375 2 KEMP & KEMP, ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110, 3 Las Vegas, NV 89130 4 (702) 258-1183 tel./(702) 258-6983 fax jp@kemp-attorneys.com 5 Attorneys for Plaintiff 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 * * * 9 TRACEY EGINTON, ) Plaintiff, ) Case No.: 2:25:-cv-01115-CDS-DJA 10 vs. ) ) ) 11 SEGA SAMMY CREATION USA INC., a ) DECLARATION OF JAMES P. KEMP IN Nevada corporation, ) 12 ) SUPPORT OF EX PARTE MOTION TO ) EXTEND TIME TO SERVE SUMMONS 13 Defendant. ) AND COMPLAINT ) 14 ) ) 15 16 COMES NOW JAMES P. KEMP, ESQ., and hereby declares under penalty of perjury as 17 follows: 18 1. I am a resident of Clark County, Nevada, and over the age of eighteen (18) years of age. 19 2. I am an attorney duly licensed to practice before all courts within the State of Nevada, 20 including the United States District Court for the District of Nevada. I am counsel of record for 21 22 Plaintiff, Tracey Eginton. 23 3. I make this declaration of my own personal knowledge and each assertion contained herein is 24 true and correct to the best of my knowledge, except those assertions made upon information and 25 belief, and as to those assertions, I believe them to be true. If called to testify to the matters contained 26 in this declaration, I would competently testify to the same. 27 1 4. Previously, in ECF No. 7, the court granted an extension of time through and including 2 December 18, 2025 to serve process on Defendant Sega Sammy Creation USA Inc. while the parties 3 pursued a settlement conference in state court. 4 5. The settlement conference took place in state court on November 19, 2025 and resulted in the 5 parties reaching a tentative global agreement to resolve all of the disputes between them. The parties 6 placed the material terms on the record in state court and are in the process of reducing all of the 7 8 terms to a written agreement. 9 6. Since Defendant Sega Sammy Creation USA Inc. has not appeared in this matter, filing on an 10 ex parte basis is proper. 11 7. This case arises out of allegedly frivolous, meritless, and retaliatory counterclaims brought by, 12 or financed by, Defendant Sega Sammy Creation USA Inc. against Ms. Eginton in Nevada State 13 Court. These retaliatory counterclaims were brought, and are allegedly being abusively prosecuted, to 14 punish, harass, and retaliate against Ms. Eginton because of her protected opposition to illegal 15 discrimination, harassment, and retaliation in bringing her claims under NRS 613.330 and 613.340. 16 17 The state statute and Title VII of the Civil Rights Act of 1964 afford relief for retaliation through a 18 civil action. Ms. Eginton has separately exhausted her administrative avenues through a charge that 19 was dual-filed with the U.S. Equal Employment Opportunity Commission (EEOC) and the Nevada 20 Equal Rights Commission (NERC). EEOC issued a Right to Sue notice and Ms. Eginton timely filed 21 this case. 22 8. It is my belief that a formal agreement will be reached and signed by the parties in the next few 23 weeks. 24 9. I believe that service of process in this case should be extended and delayed while the written 25 26 agreement resolving all disputes between the parties is perfected and executed. This should occur 27 1 within the next month at which time I would move to voluntarily dismiss the matter and to seek 2 sealing of this case. 3 10. I believe that good cause is shown for the extension of the deadline to serve process on 4 Defendant in this case by one more month, through and including January 20, 2026. 5 FURTHER, THE DECLARANT SAYETH NAUGHT. 6 7 DATED December 18, 2025 8 /s/ James P. Kemp 9 JAMES P. KEMP, ESQ. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27