Smith & Wesson Brands, Inc. v. SW North America, Inc.

GALLIAN WELKER & ASSOCIATES, L.C.

Nathan E. Lawrence, NBN 15060 || 730 Las Vegas Blvd. S., Ste. 104 || Las Vegas, Nevada 89101 Telephone: 702-892-3500 || Facsimile: 702-386-1946 || [email protected] Attorneys for Defendant SW North America, Inc. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA SMITH & WESSON BRANDS, INC., on. il SMITH & WESSON INC., Case No.: 2:22-cv-01773-JCM-EJY Plaintiffs, STIPULATION AND ORDER FOR 13 EXTENSION OF TIME FOR 14 v. DEFENDANT SW NORTH AMERICA, INC. TO FILE RESPONSIVE 1s || SW NORTH AMERICA, INC., PLEADING TO PLAINTIFFS’ 16 Defendants. COMPLAINT 17 (Second Request) 19 Pursuant to Fed. R. Civ. P. Rule 6(b)(1)(A) and LR IA 6-1, Plaintiffs SMITH & WESSON |} BRANDS, INC. and SMITH & WESSON INC. (“Plaintiffs” or “Smith & Wesson”), by and || through the law offices of BALLARD SPAHR LLP, and Defendant SW NORTH AMERICA, INC. || (“SWNA”), by and through the law offices of GALLIAN WELKER & ASSOCIATES, L.C., hereby || stipulate and agree to extend the time for Defendant SWNA to file an answer or other responsive || pleading to Smith & Wesson’s Complaint up to and including December 15, 2022. This is the || second request to extend the responsive pleading deadline, and good cause exists for granting this || extension, as attempts to effect a negotiated resolution remain ongoing.

Page | of 3 LL PROCEDURAL HISTORY 2 l. On October 20, 2022, Plaintiffs filed their Complaint [ECF No. 1], initiating this || action.

4 2. On October 21, 2022, the Court issued the summons as to SWNA, with service of || process being effected on SWNA on October 25, 2022 [ECF No. 9]; accordingly, the initial deadline || for a responsive pleading by SWNA is November 15, 2022.

7 3. On November 7, 2022, the parties submitted their first Stipulation for Extension of || Time for Defendant SW North America, Inc. to File Responsive Pleading to Plaintiffs’ Complaint || [ECF No. 14], with the Order [ECF No. 17] thereon being entered by the Court the same day.

10 4. Pursuant to colloquy between respective counsel, ongoing efforts to achieve a || negotiated resolution of the matter, and reasonable allowance of time for SWNA to prepare its || responsive pleading, as necessary, the parties hereby submit this second stipulation to extend the time for SWNA to file a responsive pleading.

14 ||. LEGAL STANDARD 15 Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, in relevant part, that || “[w]hen 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 if a request is made, before the || original time or its extension expires.” If additional time for any purpose is needed, the proper || procedure is to present a request for extension of time before the time fixed has expired. Canup || v. Mississippi Val. Barge Line Co., 31 F.R.D. 282 (W.D. Pa. 1962).

21 An extension of time may always be sought and is usually granted on a showing of good || cause if timely made under subdivision (b)(1) of the Rule. Creedon v. Taubman, 8 F.R.D. 268 23 (N.D. Ohio 1947). Also, a district court possesses the inherent power to control its own docket.

24 || Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); || Olivia v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). LR IA 6-1 additionally requires that a || motion to extend time must state the reasons for the extension requested and will not be granted a7 || if requested after the expiration of the specified period unless the movant demonstrates that the || failure to file the motion before the deadline expired resulted because of excusable neglect.

Page 2 of 3 1 ARGUMENT 2 As noted above, this is the second request for an extension of time from the current || deadline of December 5, 2022. This extension is timely, presented to the Court prior the expiry || of the noted deadline. Communication between the parties has been initiated regarding the subject matter of the dispute with the goal of negotiating an amicable settlement to avoid any necessity 6 furtherance of the instant litigation. These continuing efforts constitutes good cause for || granting this request for extension of time up to and including December 15, 2022, for SWNA to {| file a responsive pleading.

10 IT IS SO STIPULATED. i || DATED this 2™4 day of December 2022. DATED this 2™4 day of December 2022.

13 || GALLIAN WELKER & Af ATES, L.C. | BALLARD SPAHR LLP 16 OG tf (——— /s/ Andrew S. Clark Nathan E/Lawrencé, NBN 15060 Joel E. Tasca, NBN 14124 '6 || 730 Las Vegas Blvd. S., Ste. 104 Andrew S. Clark, NBN 14854 17 || Las Vegas, Nevada 89101 1980 Festival Plaza Drive, Suite 900 Telephone: 702-892-3500 Telephone, a No ° 18 - 702-471- Facsimile: 702-386-1946 Facsimile: 702-471-7070 || [email protected] [email protected] Attorneys for Defendant [email protected] SW North America, Inc. Attorneys for Smith & Wesson Brands, Inc., 21 Smith & Wesson Inc. IT IS SO ORDERED.

DATED: December □□ 2022 __ UNITED STA ISTRATE JUDGE Page 3 of 3