1 Robert P. Spretnak, Esq. (Bar No. 5135) 2 [email protected] LAW OFFICES OF ROBERT P. SPETNAK 3 8275 S. Eastern Avenue, Suite 200 4 Las Vegas, Nevada Telephone: (702) 454-4900 5 Facsimile: (702) 938-1055

6 Anthony J. Perez, Esq. 7 PRO HAC VICE [email protected]; [email protected] 8 GARCIA-MENOCAL & PEREZ P.L. 350 Sevilla Avenue, Suite 200 9 Coral Gables, Florida 10 Telephone: (305) 553-3464 Facsimile: (855) 205-6904 11 Attorneys for Plaintiff 12

13 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 15 JOHN MEGGS, Case No.: 2:23-cv-1051-APG-BNW 16 Plaintiff, 17 PLAINTIFF’S MOTION FOR EXTENSION vs. 18 OF TIME TO FILE DISCOVERY PLAN/SCHEDULING ORDER (First SUN SHENG INVESTMENT LLC, 19 Request) LE PRIVE HOSPITALITY LLC, and 20 SHINJUKU LLC, Defendant 21

22 Plaintiff, JOHN MEGGS (hereinafter “Plaintiff”), by and through his counsel of record, 23 hereby files this Motion for Extension of Time to File a Discovery Plan and Scheduling Order 24 and in support states as follows: 25 1. The Parties Discovery Plan and Joint Scheduling Order is presently due on 26 November 22, 2023 [D.E. 26]. 27 28 1 2. Defendant LE PRIVE HOSPITALITY LLC was served with the initial 2 complaint on July 24, 2023, but has not been served with the amended complaint. As of this 3 filing, Defendant LE PRIVE HOSPITALITY LLC has not yet appeared. 4 3. Defendant SUN SHENG INVESTMENT LLC was served with the amended 5 6 complaint on November 3, 2023 and due on November 24, 2023. 7 4. Counsel for SUN SHENG INVESTMENT LLC has reached out to Plaintiff’s 8 counsel and mentioned that they will be soon filing an appearance with the court. 9 5. Plaintiff’s counsel has not been able to confer with SHINJUKU LLC’s counsel 10 regarding this extension. Plaintiff’s counsel has attempted multiple times to reach counsel 11 12 through email and phone calls to reference this extension, and thus undersigned counsel 13 presumes that difficulties in conferring are likely due to the impending holidays. 14 6. As Defendants LE PRIVE HOSPITALITY LLC and SUN SHENG 15 INVESTMENT LLC have not yet appeared, the Parties are not able to confer with Defendants 16 LE PRIVE HOSPITALITY LLC and SUN SHENG INVESTMENT LLC as to the Discovery 17 18 Plan and Joint Scheduling Order. 19 7. Therefore, Plaintiff is requesting an extension of fourteen (14) days up to and 20 including December 6, 2023, to file the Parties Discovery Plan and Joint Scheduling Order. 21 MEMORANDUM OF LAW 22 Rule 6(b) of the Federal Rules of Civil Procedure states: 23 24 When 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 25 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 26 has expired if the party failed to act because of excusable neglect. 27 28 1 A trial court has “the inherent authority to manage their dockets and courtrooms with a 2 view toward the efficient and expedient resolution of cases.” Dietz v. Bouldin,

, 3 1892 (2016). 4 Here, there is good cause to grant this motion for extension of time because Plaintiff is 5 6 pending the appearance of additional parties to the litigation whose participation is required to 7 formulate a scheduling order and discovery plan. Additionally, Plaintiff anticipates that LE 8 PRIVE HOSPITALITY LLC will be served in the near future and therefore their responses to 9 the Amended Complaint will be due soon. Furthermore, since not all the Parties have not yet 10 been served, Plaintiff respectfully requests that the Court extend the time to file a scheduling 11 12 order and discovery plan by fourteen (14) days. The additional time will allow for Plaintiff to 13 serve the remaining Defendant, contact opposing counsel, and confer with any counsel that 14 appears. 15 WHEREFORE, Plaintiff respectfully requests that the Court extend the time to file the 16 Discovery Plan and Joint Scheduling Order by fourteen (14) days, and for such other relief as is 17 18 just and proper. 19 DATED: November 22, 2023

20 RESPECTFULLY SUBMITTED, 21 22 23 ____________________________________ Robert P. Spretnak, Esq. (Nevada Bar No. 24 5135) [email protected] 25 LAW OFFICES OF ROBERT P. SPETNAK 8275 S. Eastern Avenue, Suite 200 26 Las Vegas, Nevada 27 Telephone: (702) 454-4900 Facsimile: (702) 938-1055 28 1 Anthony J. Perez, Esq. 3 || PRO HAC VICE [email protected]; 4 || [email protected] & 5 [email protected] GARCIA-MENOCAL & PEREZ P.L. 6 || 350 Sevilla Avenue, Suite 200 Coral Gables, Florida 33134 7 || Telephone: (305) 553-3464 3 Facsimile: (855) 205-6904 g || Attorneys for Plaintiff John Meggs 10 11 12 13 ORDER 14 IT IS SO ORDERED. 15 6 Dated: 11/27/2023

7 Fy taweken 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28