Meggs v. R & G Holdings, LLC

Robert P. Spretnak, Esq. (Bar No. 5135) || [email protected] 3 OFFICES OF ROBERT P. SPETNAK 8275 S. Eastern Avenue, Suite 200 ||Las Vegas, Nevada Telephone: (702) 454-4900 > || Facsimile: (702) 938-1055 Anthony J. Perez, Esq.

7 HAC VICE [email protected]; [email protected] 8 GARCIA-MENOCAL & PEREZ P.L. g ||350 Sevilla Avenue, Suite 200 Coral Gables, Florida || Telephone: (305) 553-3464 Facsimile: (855) 205-6904 || Attorneys for Plaintiff 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA JOHN MEGGS, Case No.: 2:23-cv-1051-APG-BNW Plaintiff, vs PLAINTIFF’S UNOPPOSED MOTION FOR 18 EXTENSION OF TIME TO FILE LE PRIVE HOSPITALITY LLC, and (First Request) || SHINJUKU LLC, Defendant 22 Plaintiff, JOHN MEGGS (hereinafter “Plaintiff’), by and through his counsel of record, ||hereby files this Motion for Extension of Time to File a Discovery Plan and Scheduling Order and in support states as follows: 1. The Parties Discovery Plan and Joint Scheduling Order is presently due on October 22, 2023 [D.E. 17]. However, the first Amended Complaint was filed on October 5", 28 (D.E. 21]. l 2. Defendant LE PRIVE HOSPITALITY LLC was served with the initial complaint on July 24, 2023, but has not been served with the amended complaint. As of this filing, Defendant LE PRIVE HOSPITALITY LLC has not yet appeared.

5 3. Defendant SUN SHENG INVESTMENT LLC has not been served with the amended complaint and has not made an appearance.

7 4, As Defendants LE PRIVE HOSPITALITY LLC and SUN SHENG |/ INVESTMENT LLC have not yet appeared, the Parties are not able to confer with Defendants LE PRIVE HOSPITALITY LLC and SUN SHENG INVESTMENT LLC as to the Discovery Plan and Joint Scheduling Order.

12 5. Plaintiff recently settled his claims as to Defendant SHINJUKU LLC and is the || Parties are in discussions over the language of the settlement agreement.

14 6. Therefore, Plaintiff is requesting an extension of thirty (30) days up to and including November 22, 2023, to file the Parties Discovery Plan and Joint Scheduling Order.

7 7. Plaintiff reached out to counsel for Defendant Shinjuku LLC, and counsel ig || indicated that Defendant Shinjuku LLC did not oppose the relief sought. See attached.

19 MEMORANDUM OF LAW 20 Rule 6(b) of the Federal Rules of Civil Procedure states: When an act may or must be done within a specified time, the court 22 may, for good cause, extend the time: (A) with or without motion or 33 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 24 has expired if the party failed to act because of excusable neglect.

A trial court has “the inherent authority to manage their dockets and courtrooms with a || view toward the efficient and expedient resolution of cases.” Dietz v. Bouldin, 136 S. Ct. 1885, 28 (2016).

1 Here, there is good cause to grant this motion for extension of time because Plaintiff is pending the appearance of additional parties to the litigation whose participation is required to formulate a scheduling order and discovery plan. Plaintiff anticipates that the Defendants will be served in the near future and therefore their responses to the Amended Complaint will be due ||soon. As the Parties have not yet been served however, Plaintiff respectfully requests that the ||Court extend the time to file a scheduling order and discovery plan by thirty (30) days. The || additional time will allow for Plaintiff to serve the remaining Defendants and confer with any counsel that appear.

1] 13. || //// Hit Mit 1g Mil Ml a4 [iil 1 WHEREFORE, Plaintiff respectfully requests that the Court extend the time to file the Discovery Plan and Joint Scheduling Order by thirty (30) days, and for such other relief as is just and proper.

5 DATED: October 23, 2023 ® || RESPECTFULLY SUBMITTED, g || LAW OFFICES OF ROBERT P. SPETNAK |! Robert P. Spretnak>Esq. (Nevada Bar No. {| 9135) 8275 S. Eastern Avenue, Suite 200 || Las Vegas, Nevada Telephone: (702) 454-4900 |! Facsimile: (702) 938-1055 GARCIA-MENOCAL & PEREZ P.L.

15 |} Anthony J. Perez, Esq. (Admitted pro hac vice) || 350 Sevilla Avenue, Suite 200 17 Coral Gables, Florida Telephone: (305) 553-3464 || Facsimile: (855) 205-6904 19 Attorneys for Plaintiff John Meggs ORDER 3 IT IS SO ORDERED.

24 vg a late barn 25 UNITED STATES MAGISTRATE JUDGE 26 Dated: 10/24/2023 Robert P Spretnak From: Brigid Higgins <[email protected]> Monday, October 23, 2023 2:41 PM Beverly Virues Anthony Perez; Jaylu Reyes; Rusty Graf; Armando Mejias; Juliette Acosta-Santiago Re: Meggs v. Shinjuku No | don’t oppose. from my iPhone On Oct 23, 2023, at 2:39 PM, Beverly Virues <[email protected]> wrote: This message has originated from outside your organization.

Good afternoon, | tried calling you a few moments ago to confer on a motion for extension of time. Plaintiff intends to file a motion to extend the time to file a discovery plan and scheduling order (by 30 days). Do you oppose the extension?

Best regards, Beverly Virues Attorney at Law Law Office of Garcia-Menocal & Pérez, P.L.

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