Susan Baker v. Dean Meiling

1 Robert C. Ryan (NSBN 7164) .

Timothy A. Lukas (NSBN 4678) Joshua M. Halen (NSBN 13885) HOLLAND & HART LLP 5441 Kietzke Lane, Second Floor Reno, Nevada 89511 Tel.: (775) 327-3042 / Fax: (775) 786-6179 [email protected] [email protected] [email protected] Adam Hosmer Henner (NSBN 12779) Phil Mannelly (NSBN 14236) MCDONALD CARANO LLP 100 W. Liberty Street, Tenth Floor Reno, NV 89501 Telephone: (775) 788-2000 [email protected] [email protected] Attorneys for Defendants CHEMEON Surface Technology, LLC, Dean Meiling, Madylon Meiling, DSM Partners, LP, DSM P GP LLC, and Suite B LLC IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SUSAN BAKER, ET AL., Case No.: 3:20-cv-00518-MMD-CLB Plaintiffs, v. MOTION FOR EXTENSION OF TIME TO FILE THE JOINT SCHEDULING DEAN MEILING, et al., 19 ORDER Defendants. (First Request) 22 Counterclaimant CHEMEON Surface Technology, LLC (“CHEMEON”), by and through its counsel, files this Motion for Extension of Time to File the Joint Scheduling Order, pursuant to Fed. R. Civ. P. 6 and LR IA 6-1.

1 MEMORANDUM OF POINTS & AUTHORITIES I. LAW & ARGUMENT 3 On March 29, 2021, this Court lifted the Stay it had entered pending Plaintiffs’ unsuccessful appeal to the Ninth Circuit Court of Appeals, reinstated the previously filed Motions for Judgment on the Pleadings, and ordered the parties to file a Joint Scheduling Order pursuant to LR 16-1 on or before April 28, 2021. (ECF No. 131.) Plaintiffs’ counsel made no attempt to contact Defendants’ counsel to discuss the joint scheduling order, despite it generally being a plaintiff’s responsibility to coordinate the drafting and filing of a joint scheduling order.

9 This afternoon, April 28, 2021, the Court entered its Order granting Defendants’ Motion for Judgment on the Pleadings, dismissing Plaintiffs’ Complaint with Prejudice. (ECF No. 137.)

11 Pending before the Court remains CHEMEON’s Counterclaim. (ECF No. 16.) CHEMEON seeks a brief extension of time of the deadline for the filing of a joint scheduling order to weigh its options regarding its Counterclaim in light of the dismissal with prejudice of Plaintiffs’ Complaint.

15 Federal Rule of Civil Procedure 6(b)(1) governs enlargements of time and provides: When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or 17 if a request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable 18 neglect.

19 The proper procedure, when additional time for any purpose is needed, is to present a request for extension of time before the time fixed has expired. Canup v. Miss. Val. Barge Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). Extensions of time may always be asked for, and usually are granted on a showing of good cause if timely made under subdivision (b)(1) of the Rule.

23 Creedon v. Taubman, 8 F.R.D. 268 (N.D. Ohio 1947).

24 In view of the Court’s dismissal with prejudice of Plaintiffs’ Complaint this afternoon, CHEMEON’s Counterclaim is the only claim pending before the Court. CHEMEON requests additional time to consider its options, including whether to proceed with its Counterclaim.

27 Should CHEMEON decide not to proceed with its Counterclaim, a scheduling order will be unnecessary as there will be no claims pending before the Court. This extension of time will thus give CHEMEON adequate time to assess its options and possibly save the Court and parties from expanding time and recourses on a scheduling order that may be unnecessary.

3 CHEMEON would normally request a stipulated extension and file the same with the Court, but given the Court issuing its Order this afternoon, CHEMEON has deemed it necessary to file this Motion. This Motion is made in good faith and is not for the purpose of delay. ID. CONCLUSION 7 Based on the foregoing, CHEMEON respectfully requests this Motion for Enlargement 8|| of Time be granted and the deadline for filing a joint scheduling order be extended seven days, until May 5, 2021.

10 DATED this 28th day of April, 2021.

1] D HOLLAND & HART LLP 13 /s/ Robert C. Ryan Robert C. Ryan (SBN 7164) 14 IT IS SO ORDERED. Timothy A. Lukas (SBN 4678) Dated: April 29 2021 Joshua M. Halen (SBN 13885) 15 5441 Kietzke Lane, Second Floor * Reno, Nevada 89511 16 T: (775) 327-3042 UNITED STATES MAGISTRATE JUDGE MCDONALD CARANO LLP 18 Adam Hosmer Henner (SBN 12779) Phil Mannelly (SBN 14236) 19 100 W. Liberty Street, Tenth Floor Reno, Nevada 89501 20 T: (775) 788-2000 Attorneys for Defendants CHEMEON 22 Surface Technology, LLC, Dean Meiling, Madylon Meiling, DSM Partners, LP, DSM 23 P GP LLC, and Suite B LLC 16645144