BMG Rights Management (US) LLC v. The Fremont Country Club, LLC

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 Defendants 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA BMG RIGHTS MANAGEMENT (US) LLC d/b/a BMG MONARCH, ‘TIL TUNES Case No.: 2:23-cv-00241-JAD-NJK 1, || ASSOCIATES, and UNIVERSAL MUSIC- MGB NA LLC d/b/a UNIVERSAL MUSIC- ||MGB SONGS, ORDER B TO EXTEND TIME FOR Plaintiffs, DEFENDANTS TO FILE A 14 y RESPONSIVE PLEADING TO 15 PLAINTIFFS’ COMPLAINT THE FREMONT COUNTRY CLUB, LLC; || PERLUNDIS, LLC; AVA BERMAN; and || CARLOS ADLEY, (Second Request) 18 Defendants.

20 Pursuant to Fed. R. Civ. P. Rule 6(b)(1)(A-B) and Local Rules LR JA 6-1 and LR 7-1, || Plaintiffs BMG RIGHTS MANAGEMENT (US) LLC d/b/a BMG MONARCH; ‘TIL TUNES || ASSOCIATES; and UNIVERSAL MUSIC-MGB NA LLC d/b/a UNIVERSAL MUSIC-MGB || SONGS (collectively, “Plaintiffs”), by and through the law offices of SNELL & WILMER □□□□□□ land Defendants THE FREMONT COUNTRY CLUB, LLC; PERLUNDIS, LLC; AVA || BERMAN; and CARLOS ADLEY (collectively, “Defendants”), by and through the law offices || of GALLIAN WELKER & ASSOCIATES, L.C., hereby stipulate and agree to extend the time for || Defendants to file an answer or other responsive pleading to Plaintiffs’ Complaint [ECF No. 1] || up to and including June 12, 2023. This is the second request to extend the responsive pleading Page | of 3 || deadline, and good cause exists for granting this extension, as the parties continue to be engaged 2 productive and good faith efforts to secure a negotiated resolution of the instant matter.

PROCEDURAL HISTORY 5 1. On February 15, 2023, Plaintiffs filed their Complaint [ECF No. 1].

6 2. On or about February 16 - 18, 2023, service was effected upon the respective || Defendants, proof of which service was filed with the Court on February 24, 2023 [ECF Nos. 6 - 9].

8 3. On April 14, 2023, Plaintiffs filed their Request for Entry of Clerk’s Default || Against Defendants Fremont Country Club, LLC, Perlundis, LLC, Ava Berman, and Carlos || Adley (the “Request”) [ECF No. 10]. ll 4. On April 27, 2023, the parties stipulated to dismiss the Request for Entry of Clerk’s || Default and to make a first request to extend the time for Defendants to file a responsive pleading || [ECF No. 14], which the Court ordered on April 28, 2023 [ECF No. 15].

14 5. The current responsive pleading deadline is May 29, 2023. is LEGAL STANDARD 16 LR IA 6-1 requires that a motion to extend time must state the reasons for the extension || requested and will not be granted if requested after the expiration of the specified period unless 18 movant demonstrates that the failure to file the motion before the deadline expired resulted || because of excusable neglect. 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; or (B) on motion made after the || time has expired if the party failed to act because of excusable neglect.”

24 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 || (N.D. Ohio 1947), Also, a district court possesses the inherent power to control its own docket.

27 || 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).

Page 2 of 3 1 0. ARGUMENT 2 As noted above, this is the second request for an extension of time for the responsive ||pleading. Counsel for the respective parties remain in regular and ongoing communication ||}regarding the subject matter of the dispute and are endeavoring to negotiate an amicable || settlement to avoid any necessity for furtherance of the instant litigation. This continuing good || faith effort to resolve without litigation constitutes good cause for granting this request for || extension of time up to and including June 12, 2023, for Defendants to file a responsive pleading.

9 IT IS SO STIPULATED. '' DATED this 26" day of May-2023. DATED this 26" day of May 2023.

GALLIAN WELKER & ASSOCIATES, L.C. SNELL & WILMER L.L.P. 13 < ) fo M4 LACH) /s/ Nathan G. Kanute || Nath#h Lawrence, XBN 15060 Nathan G. Kanute, NBN 12413 Las Vegas Blvd_S4 Ste. 104 Clark C. Knobel, NBN 15943 '6 || Las Vegas, Nevada 89101 3883 Howard Hughes Pkwy., Ste. 1100 || Telephone: 702-892-3500 Las Vegas, Nevada 89169 Facsimile: 702-386-1946 Telephone: 702-784-5200 ig |} SCSING: UZ 2 Facsimile: 702-784-5252 [email protected] [email protected] || Attorneys for Defendants [email protected] 20 Attorneys for Plaintiffs IT IS SO ORDERED.

DATED: May 30, 2023 3g UNITED STATES MAGISTRATE JUDGE SN Page 3 of 3