1 C NA evS aE dY a BW ar. T NY o.L 9E 7R 0, 6 E SQ. 2 HALL PRANGLE & SCHOONVELD, LLC 1160 N. Town Center Dr., Ste. 200 3 Las Vegas, NV 89144 (702) 889-6400 – Office 4 (702) 384-6025 – Facsimile 5 Email: [email protected] Attorneys for Defendant 6 MMC of NEVADA, LLC d/b/a MESA VIEW REGIONAL HOSPITAL 7

8 UNITED STATES DISTRICT COURT

9 DISTRICT OF NEVADA

10 Carol Simon, CASE NO.: 2:23-cv-00078-JAD-NJK 11 Plaintiff, 12 vs. DEFENDANT MMC OF NEVADA 13 d/b/a MESA VIEW REGIONAL MMC of NEVADA, LLC d/b/a MESA VIEW HOSPITAL’S MOTION FOR 14 REGIONAL HOSPITAL; DOES I through X, ENLARGEMENT OF TIME inclusive; and ROE CORPORATIONS 1 through (First Request) (Unopposed) 15 X, inclusive. 16 Defendants. 17

18 19 Defendant, MMC of NEVADA, LLC d/b/a MESA VIEW REGIONAL HOSPITAL, by 20 and through its attorney, Casey W. Tyler, HALL PRANGLE & SCHOONVELD LLC, hereby 21 files this Motion for Enlargement of Time (First Request) to respond to Plaintiff’s Second 22 Amended Complaint (ECF #12) in the above-referenced matter. 23 MEMORANDUM OF POINTS AND AUTHORITIES 24 I. INTRODUCTION 25 On January 16, 2023, Plaintiff filed this employment-discrimination lawsuit. See ECF #1. 26 A first amended complaint was filed the next day on January 17, 2023, followed by leave of this 27 Court, see ECF #11, to file the operative Second Amended Complaint (“SAC”). See ECF #12, 28 1 Second Amended Complaint. Summons was issued and returned executed on the SAC on April 2 11, 2023. See ECF #15. 3 II. ARGUMENT 4 Defendant, MMC of Nevada LLC d/b/a Mesa View Regional Hospital (“Mesa View” or 5 “Defendant”), seeks an Enlargement of Time of 14 days (through and including May 9, 2023) to 6 file a responsive pleading because it is investigating the applicable law and facts as pled involving 7 the various employment-law discrimination claims, including Title VII of the Civil Rights Act of 8 1964, see 42 U.S.C. § 2000e et seq., and the Americans With Disabilities Act, see

12101, et seq. Plaintiff’s counsel does not oppose this request. Additionally, defense counsel just 10 recently received the Equal Employment Opportunity Commission (EEOC) Charge in this case, 11 which is relevant in assessing the legal sufficiency of Plaintiff’s SAC under Federal Rule of Civil 12 Procedure 12(b)(6). 13 Under Federal Rule of Civil Procedure 6(b)(1):

14 When an act may or must be done within a specified time, the court may, for good 15 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. 16 See Fed. R. Civ. P. 6(b)(1); Ahanchian v. Xenon Pictures, Inc.,

(9th Cir. 2010) 17 (“requests for extensions of time made before the applicable deadline has passed should normally 18 … be granted in the absence of bad faith on the part of the party seeking relief or prejudice to the 19 adverse party.”). Under Fed. R. Civ. P. 15, a defendant has 14 days to file a responsive pleading 20 to an amended complaint, which would be April 25, 2023. See

Here, Defendant’s request for 21 an enlargement of time is timely because the deadline has not yet expired. Because additional time 22 is needed to analyze the EEOC Charge and review applicable law involving the different federal 23 employment statutes, undersigned counsel respectfully requests a 14 day enlargement of time up 24 to and including May 9, 2023, to file its responsive pleading. This request is made in good faith 25 and not for the purposes of delay. Plaintiff’s counsel does not oppose Defendant’s request. 26 III. CONCLUSION 27 Because there will be no prejudice to Plaintiff, and because good cause has been shown as 28 described above, Defendant respectfully requests that the Court enlarge the time by which it must 1 || file its Responsive Pleading to Plaintiff's Second Amended Complaint pursuant to Fed. R. Civ. P| 2 || 6(b)(1) through and including May 9, 2023. 3 DATED this 24" day of April, 2023 4 Respectfully submitted, 5 HALL PRANGLE & SCHOONVELD, LLC By: /s/: Casey W. Tyler CASEY W. TYLER, ESQ. g Nevada Bar No. 9706 1160 N. Town Center Dr., Ste. 200 9 Las Vegas, NV 89144 0 Attorneys for Defendant, MMC of NEVADA, LLC d/b/a MESA VIEW $ ul REGIONAL HOSPITAL

13 □ ITIS SO ORDERED. “4 Dated: April 25, 2023

IS ge JAS 16 Zee & Nancy 'J.-Koppe i7 ||. - - United States Magistrate Judge

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