1 SAO BYRON E. THOMAS, ESQ. (NBN 8906) 2 E-mail: [email protected] LAW OFFICES OF BYRON THOMAS 3 3275 S. Jones Blvd, Ste 104 Las Vegas, Nevada 89146 4 Telephone: 702 747-3103 Attorneys for Plaintiff 5 UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF NEVADA 7 ALEX GILBERT, an individual; DIANE Case No.: 2:21-cv-02244-JCM-EJY 8 GILBERT, an individual;

9 Plaintiffs, MOTION TO EXTEND DEADLINE TO v. FILE RESPONSE WESTERN ALLIANCE 10 BANCORPORATION DBA BANK OF NEVADA’S MOTION TO DISMISS 11 INTEGRATED FINANCIAL ASSOCIATES, INC., COMPLAINT OR, IN THE a Nevada corporation; KEN TEMPLETON, an ALTERNATIVE, FOR SUMMARY 12 individual, WILLIAM DYER, an individual; ALAN JUDGMENT R. SMITH an individual TOWN CENTER 13 LENDER GROUP LLC, a Nevada limited liability ( FIRST REQUEST) company; INTEGRATED MANAGERS LLC, a 14 Nevada limited liability company; WESTERN ALLIANCE BANCORPORATION dba BANK OF 15 NEVADA, a Delaware corporation; DOES I-X; ROES XI-XX; 16 Defendants. COMES now Plaintiffs Alex and Diane Gilbert by and through their counsel 17 Law Offices of Byron Thomas and files this Motion to Extend Deadline to File 18 19 Response to Western Alliance Bancorporation DBA Bank of Nevada’s Motion to 20 Dismiss or in the Alternative Motion for Summary Judgment (the “Request”). This 21 first Request is based on the points of authorities and any argument ordered by the 22 Court 23 / / / 24 / / / 25 / / / 26 27 / / / 1 2 POINTS AND AUTHORITIES 3 A. Request for Extension 4 Federal Rule of Civil Procedure 6(b) provides: 5 b) EXTENDING TIME. 6 (1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time: 7 (A) with or without motion or notice if the court acts, or if a request is made, 8 before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act 9 because of excusable neglect. (2) Exceptions. A court must not extend the time to act under Rules 50(b) and 10 (d), 52(b), 59(b), (d), and (e), and 60(b).

11 Local Rule IA 6-1 in relevant part states that "[ e]very motion or stipulation to extend time 12 shall inform the Court of any previous extensions granted and state the reasons for the extension 13 requested,” The Defendant WESTERN ALLIANCE BANCORPORATION dba BANK OF 14 15 NEVADA filed a Motion to Dismiss Complaint or in the Alternative Motion for Summary Judgment 16 on February 24, 2022 (the “Motion”). A party has 21 days to respond to a motion for summary 17 judgment. LR 7-2(b). Therefore, the motion is timely and Plaintiff must only show good cause. 18 Courts interpreting FRCP 6(b) have held the rule ''(is] to be liberally construed to effectuate 19 the general purpose of seeing that cases are tried on the merits.'· Ananchian v. Xenon Pictures, Inc. 20

(9th Cir. 2010) quoting Rodgers v.Watt,

(9th Cir. 1983) 21 quoting Staren v. American Nat'l Bank & Trust Co. of Chicago,

(7th Cir. 22 23 1976); see also Fed. R. Civ. P. 1 ("[The Federal Rules] should be construed and administered to 24 secure the just, speedy, and inexpensive determination of every action and proceeding."). 25 B Danger of Prejudice 26 The Ninth Circuit has stated its preference for adjudicating claims on the merits, largely in 27 the name of judicial economy. Moradi v. Adelson, No. 11-00595, Docket #50 at 3 (D. Nev. 2011) citing, Molfetta v. Time Ins. Co., No. 2:07-cv-01240- JCM-LRL,

, at *1 (D. Nev. 1 2 May 17, 2010) ("Due to the judicial preference of adjudicating issues on the merits, the court has 3 exercised its discretion and considered Plaintiffs untimely opposition, and all arguments presented 4 therein."); and cf Dayton Valley Investors, LLC v. Union Pac, RR Co., 664 F. Supp. 2s 1174, 1179 5 (D. Nev. 2009) (finding good cause for allowing a belated summary judgment motion where the 6 Court would ·'eventually address'' the issues raised in that motion). 7 There is no danger of prejudice. No hearing has been set on the Motion. The discovery plan 8 is not yet due, no trial date has been set. Therefore, a ten-day delay should not prejudice the parties. 9 10 C. Length of Delay. 11 Plaintiffs seek a ten day extension. In analyzing the length of the delay the 12 Ahanachian, Court looked at the effect the delay would have on the summary judgment hearing date 13 and the date of the trial.

. In the instant case the delay would have a negligible 14 effect on the case, because of the early stage of the case. No hearing or trial date has been set. 15 / / / 16 / / / 17 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 25 / / / 26 / / / 27 1 D. Reason for Delay. 2 Counsel for Plaintiffs has been ill for several days. Counsel is also preparing for 3 || trial. Counsel for Plaintiffs is a solo practitioner and therefore there is no other party 4 that can handle these matters. Thus, the Plaintiffs need the additional time to file a 5 response to the Motion. 6 CONCLUSION 4 For the foregoing reason the Plaintiffs respectfully request a ten day extension of the deadline to

9 file a response to the Motion. 10 DATED this __ 17th day of March 2022 11 LAW OFFICES OF BYRON THOMAS 12 /s/ Byron E. Thomas BYRON THOMAS, ESQ. 13 Nevada Bar No. 8906 3275 S. Jones Blvd., Ste. 104 14 Las Vegas, Nevada 89146 (702) 747-3103 15 byronthomaslaw @ gmail.com Attorney for Plaintiff 16 17 IT IS SO ORDERED: 18 19 itor ©. Atala, SO 20 UNITED! STATES DISTRICT JUDGE, , 21

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