Walsh v. Unforgettable Coatings, Inc.

1 PAUL T. TRIMMER, ESQ.

Nevada Bar No. 9291 JOSHUA A. SLIKER, ESQ.

Nevada Bar No. 12493 JACKSON LEWIS P.C.

300 S. Fourth Street, Suite 900 Las Vegas, Nevada 89101 Telephone: (702) 921-2460 Email: [email protected] Email: [email protected] RICK J. SUTHERLAND, ESQ.

7 Admitted pro hac vice JACKSON LEWIS P.C.

8 215 S. State Street, Suite 760 Salt Lake City, Utah 84111 Telephone: (801) 736-3199 Email: [email protected] MARK A. HUTCHISON, ESQ.

11 Nevada Bar No. 4639 HUTCHISON & STEFFEN, PLLC 10080 W. Alta Dr., Suite 200 Las Vegas, Nevada 89145 Telephone: (702) 385-2500 Email: [email protected] Attorneys for Defendants 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA MARTIN J. WALSH, Secretary of Labor, Case No.: 2:20-cv-00510-KJD-DJA United States Department of Labor, Plaintiff, DEFENDANTS’ MOTION FOR AN 19 EXTENSION OF TIME TO COMPLY vs. WITH THIS COURT’S ORDER TO PRODUCE DOCUMENTS (ECF NO. UNFORGETTABLE COATINGS, INC.; 159) UNFORGETTABLE COATINGS OF IDAHO, [First Request] LLC, dba UNFORGETTABLE COATINGS; UNFORGETTABLE COATINGS OF ARIZONA, LLC, dba UNFORGETTABLE COATINGS; UNFORGETTABLE COATINGS OF UTAH, INC., dba UNFORGETTABLE COATINGS; BLUE APE PAINTING, LLC; SHAUN MCMURRAY; SHANE SANDALL; CORY SUMMERHAYS; and GALIA CARREJO, 27 Defendants.

Defendants Unforgettable Coatings, Inc., Unforgettable Coatings of Idaho, LLC, dba Unforgettable Coatings, Unforgettable Coatings of Arizona, LLC, dba Unforgettable Coatings, Unforgettable Coatings of Utah, Inc., dba Unforgettable Coatings, Shaun McMurray, Shane Sandall, Cory Summerhays, and Galia Carrejo (“Defendants”), by and through their counsel of record, the law firm of Jackson Lewis, P.C., submit this request for an extension of time to produce documents pursuant to this Court’s order. ECF No. 159. This request is based on the following Memorandum of Points and Authorities, all pleadings and documents on file with the Court, and any oral argument that the Court deems proper.

MEMORANDUM OF POINTS AND AUTHORITIES Defendants respectfully request this Court extend the time to comply with ECF No. 159, from May 25, 2022, to May 31, 2022. A party moving to extend a court ordered deadline must demonstrate good cause supports the request. Nevada Federal Local Court Rule 26-3. The good cause inquiry is focused on the movant’s reasons for seeking an extension and primarily considers the movant’s diligence. In re W. States Wholesale Nat. Gas Antitrust Litig., 715 F.3d 716, 737 (9th Cir. 2013). Courts may also consider other pertinent circumstances, including whether the movant was diligent in seeking modification of the deadline once it became apparent that the movant required relief from the deadline at issue. Sharp v. Covenant Care LLC, 288 F.R.D. 465, 467 (S.D. 18 Cal. 2012).

Here, good cause supports this request because Defendants have worked diligently to complete the production of the requested text messages. In compliance with this Court’s order, Defendants will be producing today (May 25, 2022) voluminous financial documents and text messages. However, Defendants require additional time to complete a review of a subset of the remaining text messages to ensure any privileged information is properly redacted and included on the privilege log. Since this Court’s order, Defendants have worked to review approximately six years’ worth of text messages. Defendants’ initial review of these messages reveals that at least some of the messages contain discussions of legal advice, work product, and communications made in anticipation of litigation. As many of these messages predate current defense counsel’s work diligently to complete this review and will work to ensure the messages are produced on o before May 31, 2022. Defendants have communicated with Plaintiff’s counsel regarding the instan request and the Parties appear to be in agreement as to Defendants’ proposal herein for completin; the production. Accordingly, Defendants respectfully request the Court grant this short □□□□□□□□□ of time.

DATED this 25" day of May, 2022.

7 JACKSON LEWIS P.C.

8 /s/ Joshua A. Sliker 9 Paul T. Trimmer, Bar No. 9291 Joshua A. Sliker, Bar No. 12493 10 300 S. Fourth Street, Suite 900 Las Vegas, Nevada 89101 11 Attorneys for Defendants I5 IT IS SO ORDERED.

DATED: May 26, 2022 18 XP XN) 19 BA“ OY?

DANIEL J. ALBREGTS 20 UNITED STATES MAGISTRATE JUDGE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am an employee of Jackson Lewis P.C., and that on this 11th day of March, 2022, I caused to be served via the Court’s CM/ECF Filing, a true and correct copy of the above foregoing DEFENDANTS’ MOTION FOR AN EXTENSION OF TIME TO COMPLY WITH THIS COURT’S ORDER TO PRODUCE DOCUMENTS (ECF NO. 159) properly addressed to the following: Janet M. Herold Andrew J. Schultz Charles S. Song Jessica Flores Kathryn A. Panaccione United States Department of Labor 350 S. Figueroa Street, Suite 370 Los Angeles, CA 90071 Email: [email protected] [email protected] [email protected] Attorneys for Plaintiff 16 /s/ Joshua A. Sliker Employee of Jackson Lewis P.C.

19 4876-0607-6962, v. 1