Cevasco v. Allegiant Travel Company ( 2024 )

1 Deverie J. Christensen (NV Bar #6596) Deverie.Christensen@jacksonlewis.com 2 Phillip C. Thompson (NV Bar #12114) Phillip.Thompson@jacksonlewis.com 3 JACKSON LEWIS P.C. 4 300 S. Fourth Street, S uite 900 Las Vegas, Nevada 89101 5 Telephone: (702) 921-2460 Facsimile: (702) 921-2461 6 René E. Thorne (Admitted Pro Hac Vice) 7 Rene.Thorne@jacksonlewis.com JACKSON LEWIS P.C. 8 601 Poydras Street, Suite 1400 New Orleans, Louisiana 70130 9 Telephone: (504) 208-1755 Facsimile: (504) 208-1759 10 Attorneys for Defendants 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 12 13 ROBERT CEVASCO, JACK JONES, PATRICK JACKSON, and PAUL CASE NO.: 2:22-cv-01741-JAD-DJA 14 RADVANSKY on behalf of Allegiant 401(k) Retirement Plan, individually and on behalf of 15 all others similarly situated, MO OR TD IOE NR FG OR RA EN XT TIN EG N SJ IO OI NN T O F TIME TO FILE MOTON FOR 16 Plaintiffs, PRELIMINARY APPROVAL (Second Request) 17 vs. 18 ALLEGIANT TRAVEL COMPANY ECF No. 78 19 Defendant. 20 21 Pursuant to Federal Rules of Civil Procedure Rule 6(b) and this Court’s Order Granting the 22 Parties’ Request to Set Deadline to File Motion for Preliminary Approval (Doc. 75), Plaintiffs, 23 Robert Cevasco, Jack Jones, Patrick Jackson, and Paul Radvansky, on behalf of The Allegiant 401(k) 24 Retirement Plan, individually and on behalf of all others similarly situated, and Defendant, Allegiant 25 Travel Company (together the “Parties”), by and through their respective counsel, hereby move for 26 a brief one (1) week extension of time to file Plaintiffs’ Unopposed Motion for Preliminary 27 Approval. In support of this Motion, the Parties state as follows: 28 1 1. On July 3, 2024, the parties filed a Notice of Settlement and Request to Set Deadline 2 to File Motion for Preliminary Approval (“Notice of Settlement”). (Doc. 74). 3 2. Through the Notice of Settlement, the Parties advised this Court that they “have 4 reached a settlement in principle and are currently in the process of memorializing their agreement.” 5 (Doc. 74). 6 3. On July 11, 2024, this Court subsequently entered its Order granting the Parties’ 7 Request to Set Deadline to File Motion for Preliminary Approval (Doc. 75), wherein this Court 8 Ordered that the Parties shall file their Motion for Preliminary Approval by August 2, 2024. 9 4. On August 2, 2024 the Parties requested a two (2) week extension of time to 10 complete the settlement process. (Doc. 76). 11 5. The Court granted the Parties request extending the deadline for filing the motion 12 for preliminary approval to August 16, 2024. (Doc. 77). 13 6. The Parties are working diligently to finalize the memorialization of the settlement 14 agreement. Defendant believes it needs to obtain information from a third party before Defendant 15 can sign the settlement agreement. Plaintiffs cannot file their anticipated Motion for Preliminary 16 Approval until the settlement agreement is signed. 17 7. Accordingly, the Parties are in need of a brief one (1) week extension of time to 18 complete this process so that Defendant can complete its communications with the third party. 19 8. The granting of this Motion will not prejudice any party, as the Parties both agreed 20 to and file this Motion jointly. 21 9. This extension is being sought in good faith and not for delay or any other improper 22 purpose. 23 MEMORANDUM OF LAW 24 The Court should grant this Joint Motion and extend the deadline to file a Motion for 25 Preliminary Approval of the settlement, as requested herein. Pursuant to Federal Rule of Civil 26 Procedure 6(b)(1)(A), “A schedule may be modified only for good cause and with the judge’s 27 consent.” The Ninth Circuit has found that “‘Good cause’ is a non-rigorous standard that has been 28 construed broadly across procedural and statutory contexts.” Ahanchian v. Xenon Pictures, Inc., 1 | 624 F.3d 1253, 1259 (9th Cir. 2010). 2 Here, good cause exists to grant this brief extension of time to file a Motion for Preliminary 3 || Approval, as the Parties are endeavoring to finalize the memorialization of the settlement agreement 4 | and anticipate the ability to do so within the next week. The brief one (1) week extension will allow 5 || the Parties time to confer and complete this finalization, so that they can file the Motion for 6 || Preliminary Approval in a timely manner. 7 WHEREFORE, the Parties respectfully request that this Court enter an Order granting this g || Joint Motion for Extension of Time to File Motion for Preliminary Approval, as requested herein, g | making the new deadline August 23, 2024. 10 Dated: August 16, 2024 11 JACKSON LEWIS P.C. /s/ Michael McKay /s/ René E. Thorne 13 Michael C. McKay (Pro Hac Vice) René E. Thorne (Pro Hac Vice) MCKAY LAW, LLC Rene.Thorne @ jacksonlewis.com 14 5635 North Scottsdale Road, Suite 170 601 Poydras Street, Suite 1400 Scottsdale, Arizona 85250 New Orleans, Louisiana 70130 15 | Telephone: (480) 681-7000 Telephone: (504) 208-1755 16 McKay @McKayLaw.com Deverie J. Christensen (NV Bar #6596) 17 WENZEL FENTON CABASSA, P.A. Deverie.Christensen @ jacksonlewis.com Brandon J. Hill (Pro Hac Vice) Phillip C. Thompson (NV Bar #12114) 18 BHill@wfclaw.com Phillip. Thompson @ jacksonlewis.com Luis A. Cabassa (Pro Hac Vice) 300 S. Fourth Street, Suite 900 19 LCabassa@wfclaw.com Las Vegas, Nevada 89101 20 Amanda E. Heystek (Pro Hac Vice) Telephone: (913) 982-5759 AHeystek @ wfclaw.com 2] 1110 N. Florida Avenue, Suite 300 Tampa, Florida 33602 COUNSEL FOR DEFENDANT 22 | Telephone: (813) 229-8710 23 Michael Kind (Pro Hac Vi With good cause appearing, IT IS ORDERED MK o Gi iL (Pro Hac Vice) that the motion to extend time [ECF No. 78] is 24! JONDLAW LAW GRANTED, extending the deadline to 8/23/24. 25 8860 S. Maryland Parkway, Suite 106 Las Vegas, Nevada □□ TQ 26 Telephone: (702) 337-2311 U.S. District Ju hee Feti/A. Dorsey 97 Dated: 8/20/24 nune pro tube 8/16/24 28