Sipe v. Music Group of Las Vegas, LLC ( 2021 )

1 Amanda L. Ireland, Esq. Nevada Bar No. 13155 2 Ireland Law Group, LLC 7854 West Sahara Ave. 3 Las Vegas, Nevada 89117 Tel: (702) 427-2110 4 Fax: (702) 441-7637 amanda@irelandlawgroup.com 5 Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 SHANE SIPE, an individual, Case No.: 2:20-cv-00299-JCM-BNW 9 Plaintiff, v. 10 PLAINTIFF’S MOTION FOR A FINAL 11 MUSIC TRIBE COMMERCIAL NV INC.; EXTENSION OF TIME TO FILE HIS DOES I through X, inclusive; ROE OPPOSITION TO DEFENDANT’S 12 CORPORATIONS I through X, inclusive, MOTION FOR SUMMARY JUDGMENT 13 Defendant. 14 (Fourth Request) 15 Pursuant to Federal Rule of Civil Procedure 6(b)(1) and Local Rules IA 6.1, 6.2, Plaintiff 16 Shane Sipe, by and through his counsel, Amanda L. Ireland, Esq. of Ireland Law Group, LLC, 17 respectfully requests the Court Grant Plaintiff’s motion for a final extension of time to file his 18 Opposition to Defendant’s Motion for Summary Judgment until today, February 15, 2021. This 19 fourth and final request for extension is submitted contemporaneously with the Opposition brief 20 in an abundance of caution, since no further time is sought at the time of filing, however, the 21 previous Stipulation and Order (ECF No. 35.) extending the deadline for Plaintiff’s Opposition 22 until February 12, 2021, expired before it was possible to file Plaintiff’s Opposition brief, due to 23 unavoidable constraints and circumstances. 24 Defendant’s Motion was filed on December 17, 2020 (ECF No. 24) and an opposition 25 was originally due on January 7, 2021. Due to the holiday season and COVID-19 office closures 26 the parties stipulated to an initial extension on December 22, 2020 (ECF No. 25), granted on 27 December 28, 2020, (ECF No. 26), extending the deadline eight days until January 15, 2021. 28 1 On January 4, 2021, prior counsel filed a Motion to Withdraw, which was granted by 2 minute order on January 11, 2021. (ECF No. 29.) A status check regarding Plaintiff’s intent to 3 retain new counsel was set for January 14, 2021. Before appearing at the status check, Plaintiff 4 retained undersigned counsel January 12, 2021, and her appearance was noticed the same day 5 (ECF No. 31). Plaintiff immediately moved for a two-week extension until January 29, 2021 to 6 allow new counsel time to review the entire case file before responding to the dispositive motion. 7 (ECF No. 32). Plaintiff’s January 13th motion for an extension was granted on January 22, 2021. 8 (ECF No. 34). The parties subsequently filed a Stipulation and Proposed Order to extend the 9 deadline to respond until February 12, 2021 (ECF No. 35) which was granted February 4, 2021. 10 This is Plaintiff’s fourth request for an extension of time to file his opposition to Defendant’s 11 Motion for Summary Judgment. Plaintiff relies on the memorandum of points and authorities set 12 forth below in support of his request. 13 MEMORANDUM OF POINTS AND AUTHORITIES 14 Federal Rule of Civil Procedure 6(b)(1) provides that “[w]hen an act may or must be 15 done within a specified time, the court may, for good cause, extend the time: (A) with or without 16 motion or notice if the court acts, or if a request is made, before the original time or its extension 17 expires; or (B) on motion made after the time has expired if the party failed to act because of 18 excusable neglect. It is within a trial court’s sound discretion to determine whether to grant an 19 extension of time. Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258 (9th Cir. 2012). 20 This fourth and final request for an extension is made three days after expiry of the 21 current deadline to respond to the motion for summary judgment, therefore something more than 22 “good cause” must be shown. Here, Plaintiff’s neglect in seeking a final request is excusable 23 under the circumstances of Plaintiff’s need to change counsel at the 11th hour, due to a conflict of 24 interest that emerged after the close of discovery and filing of Defendant’s motion for summary 25 judgment. The ability of new counsel to fully apprehend and appreciate the implications raised 26 by the totality of the evidence, and adequately address the substantive issues in such a short time 27 frame was severely constrained and additional delay was unavoidable. 28 1 Since Plaintiffs claims for relief are asserted under remedial federal and state wage and 2 statutes, as well as the common law, allowing Plaintiff additional time to reconsider his 3 || litigation strategy following the unexpected need to change counsel comports with traditional 4 || notions of justice and fairness. 5 Plaintiff acknowledges the inconvenience to Defendant caused by the modest delay in 6 |! these proceedings. Thus, in his opposition to summary judgment, Plaintiff presents admissible 7 || evidence and affidavits in defense of his individual claims, but also narrows the issues for trial 8 by conceding his proposed collective and class actions. 9 Under the circumstances, a final three-day extension over a long public holiday weekend 10 |] is reasonable. Defendant Music Tribe, a multinational corporation, will not be prejudiced by the granting of this motion. But denial of the motion would cause extreme prejudice to Plaintiff. V2 Based on the foregoing, Plaintiff respectfully requests the Court grant him an extension 13 until February 15, 2021, to file his response to Defendant’s motion for summary judgment. DATED this 15" day of February 2021. IRELAND LAW GROUP, LLC 15 /s/ Amanda L. Ireland 16 Amanda L. Ireland, Esq. 17 Ireland Law Group 7854 West Sahara Ave. 18 Las Vegas, Nevada 89117 Tel: (702) 427-2110 19 Fax: (702) 441-7637 amanda(@irelandlawgroup.com 20 Attorney for Plaintiff 2] 22 IT IS SO ORDERED: 23 Plaintiff’s motion for a final extension of time to file his 94 Opposition to Defendant’s Motion for Summary Judgment until February 15, 2021 is hereby granted. 25 26 NBA Ae yo. Atala 27 UNLTED STATES DISTRICT JUDGE 28 Dated: February 17, 2021 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that on the 15th day of February 2021, I served PLAINTIFF’S 3 MOTION FOR A FINAL EXTENSION OF TIME TO FILE HIS OPPOSITION TO 4 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Fourth Request) via Electronic 5 Filing/Service Notification through CM/ECF to: 6 ATTORNEY OF RECORD TELEPHONE/FAX PARTIES 7 8 Mark H. Hutchings, Esq. Tel: (702) 660-7700 Plaintiff, HUTCHINGS LAW GROUP, LLC Fax: (702) 552-5202 Counter-Claimant 9 552 E. Charleston Blvd. Music Tribe 10 Las Vegas, Nevada 89104 Commercial NV Inc. MHutchings@HutchingsLawGroup.com 11 12 /s/ Anya Karakozov 13 ___________________________________ An employee of IRELAND LAW GROUP 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28