Allegiant Travel Company v. Kinzer ( 2021 )

1 JOSHUA A. SLIKER, ESQ. Nevada Bar No. 12493 2 HILARY A. WILLIAMS, ESQ. Nevada Bar No. 14645 3 JACKSON LEWIS P.C. 4 300 S. Fourth Street, Ste. 900 Las Vegas, Nevada 89101 5 Telephone: (702) 921-2460 Email: joshua.sliker@jacksonlewis.com 6 Email: hilary.williams@jacksonlewis.com 7 Attorneys for Petitioners Allegiant Travel Co., and Allegiant Air, LLC 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ALLEGIANT TRAVEL COMPANY, a Nevada Case No.: 2:21-cv-01649-JAD-NJK corporation; ALLEGIANT AIR, LLC, a Nevada 12 ORDER GRANTING limited liability company, PETITIONERS’ MOTION TO EXTEND 13 Petitioners, TIME TO FILE PROOF OF SERVICE 14 vs. 15 (FIRST REQUEST) JASON W. KINZER, an individual, 16 Respondent. 17 18 Petitioners ALLEGIANT TRAVEL COMPANY and ALLEGIANT AIR, LLC (together, 19 “Allegiant”), by and through their attorneys, the law firm of Jackson Lewis P.C., bring the instant 20 Motion to Extend the October 8, 2021 deadline established by the Court (ECF No. 4) for Petitioners 21 to file proof of service on Respondent Jason W. Kinzer of their Application to Confirm Arbitration 22 Award (ECF No. 1) and Motion for Leave to Redact or File Certain Documents Under Seal (ECF 23 No. 2). This Motion is based on the Memorandum of Points and Authorities attached hereto, the 24 pleadings and papers on file herein, and any oral argument the Court allows. 25 MEMORANDUM OF POINTS AND AUTHORITIES 26 Petitioners filed their Application to Confirm Arbitration Award (ECF No. 1) and Motion 27 for Leave to Redact or File Certain Documents Under Seal (ECF No. 2) with this Court on 1 both the Application and Motion by October 8, 2021. ECF No. 4. Petitioners respectfully request 2 that the time to file proof of service be extended one week to October 15, 2021. 3 The decision to grant an extension or continuance is within the Court’s sound discretion. 4 F.T.C. v. Gill, 265 F.3d 944, 954-55 (9th Cir. 2001). Federal Rule of Civil Procedure 6(b)(1) 5 provides that when an act must be done within a specified time, the Court “may, for good cause, 6 extend the time . . . with or without motion or notice if the court acts, or if a request is made, before 7 the original time or its extension expires . . . .” The “good cause” standard “primarily considers the 8 diligence of the party seeking the amendment.” In re W. States Wholesale Nat. Gas Antitrust Litig., 9 715 F.3d 716, 737 (9th Cir. 2013). 10 Here, good cause exists for extending the deadline for Petitioners to file proof of service. 11 See Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010) (requests for extensions 12 of time made before the applicable deadline has passed should generally be granted in the absence 13 of bad faith or prejudice to adverse party; good cause for an extension of time under Rule 6(b) is a 14 “non-rigorous standard” that is construed broadly). Petitioners served Douglas Desjardins, Esq., 15 counsel for Respondent Jason W. Kinzer, with copies of the Application and Motion via email on 16 October 6, 2021.1 Exhibit 1 (“Attachments” section). Mr. Desjardins has confirmed that he will be 17 accepting service of the Application and Motion on behalf of Respondent. See Exhibit 2 (“I will 18 have some changes to the motion—but no issue with what [Petitioners] want[].”) However, the 19 parties are still working to finalize the language of the acceptance of service form and expect to 20 complete that process early next week. 21 Good cause exists to enlarge the time by which a party may file a document where additional 22 time is needed to prepare such document. See O’Connor v. U.S. I.R.S., 698 F. Supp. 204, 205 (D. 23 Nev. 1988) (district court granted the plaintiffs’ motion for an extension of time to oppose a motion 24 for summary judgment); Germaine Music v. Universal Songs of Polygram, 275 F.Supp.2d 1288, 25 1301 (district court granted movant’s motion for additional time to oppose a motion for summary 26 judgment). That is the case here. 27 1 Petitioners make this request in good faith and not to delay these proceedings. Therefore 2 || Petitioners respectfully requests that the Court grant this Motion, and allow Petitioners unti 3 || October 15, 2021, in which to file Respondent’s acceptance of service of the Application an 4 || Motion, or proof of service of the same. 5 DATED this 8 day of October, 2021. 6 JACKSON LEWIS P.C. /s/ Joshua A. Sliker 8 JOSHUA A. SLIKER, ESQ. Nevada Bar No. 12493 9 HILARY A. WILLIAMS, ESQ. 10 Nevada Bar No. 14645 300 S. Fourth Street, Ste. 900 11 Las Vegas, Nevada 89101 12 Attorneys for Petitioners Allegiant Travel Ce and Allegiant Air, LLC 13 ORDER 15 Good cause appearing, IT IS HEREBY ORDERED that the motion to extend time 16 [ECF No. 5] is GRANTED. kes 18 UNITED STATES DISTRICT JUDGE 19 October 12, 2021 20 21 22 23 24 25 26 27 28