Munoz v. Killion ( 2024 )

1 DARRELL D. DENNIS Nevada Bar No. 06618 2 Darrell.Dennis@lewisbrisbois.com CHRISTOPHER A. ELSEE 3 Nevada Bar No. 13333 Christopher.Elsee@lewisbrisbois.com 4 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 Telephone: 702.893.3383 / Facsimile: 702.893.3789 6 Attorney for Defendants Matthew Killion and J. Rental, Inc. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 ALEXIS MUNOS, an individual; LUIS CASE NO. 2:24-cv-00096-RFB-MDC 11 CASTILLO LEYS, an individual; NARCISO 12 MUNOZ GIL, an individual; YURIEN MUNOZ, an individual, 13 DEFENDANTS’, MATTHEW KILLION Plaintiffs, AND J. RENTAL, INC., UNOPPOSED 14 MOTION FOR EXTENSION TO 15 v. RESPOND TO THE COMPLAINT 16 MATTHEW KILLION, an individual; J. [FIRST REQUEST] RENTAL, INC. d/b/a HANK RENTAL, a 17 foreign corporation; DOES I-X, inclusive; AND ROE BUSINESS ENTITIES I-X; 18 inclusive, 19 Defendants. 20 Defendants J. RENTAL, INC. d/b/a HANK RENTAL and MATTHEW KILLION, 21 through undersigned counsel and pursuant to the applicable Federal Rules of Civil Procedure, 22 including rules 6, 12, and 81, and Local Rule 6-1, hereby move this Court for its first unopposed 23 24 extension of time through Friday, January 26, 2024, to respond to Plaintiffs’ Complaint. [Doc. No. 25 1-3]. In support hereof, Defendants state as follows: 26 1. This litigation arises out of a complaint against the Defendants due to a motor 27 vehicle accident that occurred on December 15, 2021. [Doc. 1-3]. 1 2. On January 11, 2024, Defendants removed this litigation to federal court. [Doc. 1]. 2 3. Pursuant to rule 81, Defendant Killion’s response to the Complaint was due to be 3 served on Thursday, January 18, 2024, and Defendant J. Rental’s response to the Complaint is due 4 on January 24, 2024. 5 4. Defendants are respectfully requesting this Court grant this unopposed motion to 6 extend their deadline to respond to the Complaint through and including Friday, January 26, 2024. 7 8 5. This is Defendants’ first motion for extension of time to respond to the Complaint. 9 6. Federal Rule of Civil Procedure 6(b)(1)(A) provides that this Court has broad 10 discretion to enter an extension of time for good cause. See also Fed. R. Civ. P. 6(b) (Comm. 11 Note, 1946) (“Rule 6(b) is a rule of general application giving wide discretion to the court to 12 enlarge these time limits or revive them after they have expired . . .”); L.R. 6-1. 13 7. Through no fault of Defendants and due to counsel’s excusable neglect, the 14 15 response to the Complaint for both Defendants was inadvertently calendared as due to be served 16 on January 24, 2024. See Antonetti v. McDaniels, 2019 U.S. Dist. LEXIS 10346 (D.C. Nev. June 17 20, 2019) (finding that a calendaring error was excusable neglect); Moradi v. Adelson, 2011 U.S. 18 Dist. LEXIS 74060 (D.C. Nev. July 7, 2011) (“[A] counsel’s calendaring error, which resulting in 19 a late filing, qualified as ‘excusable neglect.” (quoting Pincay v. Andrews, 389 F.3d 853, 860 (9th 20 Cir. 2004))). 21 8. Furthermore, good cause exists for the relief requested in order to allow Defendants 22 23 sufficient time to review and approve the response to the Complaint. 24 9. Pursuant to rules 6 and 12, and local rule 6-1, counsel for Defendants has conferred 25 with counsel for Plaintiffs, Eric Larsen, and is authorized to represent that Plaintiffs do not have 26 any objection to this extension request. 27 1 10. This Motion is made in good faith and not for the purpose of unnecessary delay, 2 and no party will be prejudiced as a result of the relief requested herein. 3 11. A copy of the Proposed Order is attached as Exhibit A. 4 WHEREFORE, based on the above facts and legal authorities, Defendants J. RENTAL, 5 INC. d/b/a HANK RENTAL and MATTHEW KILLION respectfully request this Court grant this 6 First Unopposed Motion and extend the deadline for filing a response to Plaintiffs’ Complaint 7 8 through and including Friday, January 26, 2024. 9 Dated this the 24th day of January, 2024. 10 LEWIS BRISBOIS BISGAARD & SMITH LLP 11 /s/ Christopher A. Elsee 12 DARRELL D. DENNIS Nevada Bar No. 006618 13 CHRISTOPHER A. ELSEE Nevada Bar No. 13333 14 6385 S. Rainbow Boulevard, Suite 600 15 Las Vegas, Nevada 89118 Tel. 702.893.3383 16 Attorneys for Defendants Matthew Killion and J. Rental, Inc. 17 18 19 20 21 22 23 24 25 26 27 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that on the 24th day of January, 2024, I electronically filed 3 DEFENDANTS’ MATTHEW KILLION AND J. RENTAL, INC.’S NOTICE OF 4 REMOVAL with the Clerk of the Court through the E-Filing System. 5 Paul S. Padda, Esq. Nevada Bar No. 10417 6 psp@paulpaddalaw.com Eric R. Larsen, Esq. 7 Nevada Bar No. 9423 elarsen@paulpaddalaw.com 8 PAUL PADDA LAW, PLLC 4560 South Decatur Boulevard, Ste. 300 9 Las Vegas, NV 89103 Tel: 702-366-1888 10 Fax: 702-366-1940 Attorney for Plaintiffs 11 12 /s/ Billi Montijo 13 Employee of LEWIS BRISBOIS BISGAARD & SMITH LLP 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA || ALEXIS MUNOS, an individual; LUIS CASE NO. 2:24-cv-00096-RFB-MDC CASTILLO LEYS, an individual; NARCISO 5 || MUNOZ GIL, an individual; YURIEN 6 MUNOZ, an individual, Plaintiffs ORDER GRANTING DEFENDANTS’, 7 , MATTHEW KILLION AND J. RENTAL, ily INC., UNOPPOSED MOTION FOR EXTENSION TO RESPOND TO THE || MATTHEW KILLION, an individual; J. COMPLAINT RENTAL, INC. d/b/a HANK RENTAL, a 10 foreign corporation; DOES I-X, inclusive; [FIRST REQUEST] 11 || AND ROE BUSINESS ENTITIES I-X; inclusive, 12 Defendants. 13 14 THIS CAUSE came before the Court on Defendants’, J. RENTAL, INC. d/b/a HANK 15 || RENTAL and MATTHEW KILLION, First Unopposed Motion for Extension to Respond to the 16 || Complaint, and the Court having reviewed the Motion, the Court file, and being otherwise advised 17 in its premises, hereby Orders that: 18 1. The Court finds that Defendants have demonstrated excusable neglect pursuant to Federal 19 Rule of Civil Procedure 6(b), and Local Rule 6-1. 20 2. The Court further finds good cause to grant the Motion and extend the Defendants’ deadline to respond to Plaintiffs’ Complaint, as agreed-to by the parties in the Motion. 22 3. Accordingly, Defendants’ Motion is GRANTED. 3 4. Defendants shall file a response to Plaintiffs’ Complaint by January 26, 2024. 24 5. All other deadlines shall remain in place. 25 6. Defendants are advised of the typo in the Certificate of Service. Please correct in the future. 26 IT IS SO ORDERED. oe q- 27 Date: January 30, 2024 OK) 28 GY {| Maximiliano D. Coxe Il