Reflex Media, Inc. v. Doe No. 1 et al, No. 2:2018cv02423 - Document 323 (D. Nev. 2023)
Court Description: ORDER granting 322 Motion to Extend Time Re: 321 Response to 320 Motion for Sanctions. Replies due by 1/10/2023. Signed by Magistrate Judge Brenda Weksler on 1/9/2023. (Copies have been distributed pursuant to the NEF - HAM)
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Reflex Media, Inc. v. Doe No. 1 et al Doc. 323 Case 2:18-cv-02423-RFB-BNW Document 323 322 Filed 01/09/23 01/06/23 Page 1 of 6 1 2 3 4 Michael Carrigan (NV Bar No.: 9997) SPIEGEL & UTRERA, P.A. 2545 Chandler Avenue, Suite 4 Las Vegas, NV 89120 Tel: (702) 364-2200 Fax: (702) 458-2100 attorneycarrigan@amerilawyer.com Associate Resident of Nevada Counsel 5 6 7 8 9 10 Nicolas W. Spigner (CA Bar No. 312295) SPIEGEL & UTRERA, P.C. 8939 S. Sepulveda Blvd., Suite 400 Los Angeles, California 90045 Phone: (800) 603-3900 Fax: (800) 520-7800 Email: attorneyspigner@amerilawyer.com Pro Hac Vice Attorneys for Aaron Wallace ______________________________________________________________________________ 11 UNITED STATES DISTRICT COURT 12 13 14 15 DISTRICT OF NEVADA ______________________________________________________________________________ REFLEX MEDIA, INC., a Nevada corporation, 16 Plaintiff, 17 vs. 18 19 20 21 22 23 24 AARON WALLACE, an individual; et al, Defendants. | | | | | | | | | | | | | | | | | | | | | | | Case No.: 2:18-cv-02423-RFB-BNW Judge: Hon. Richard F. Boulware, II Magistrate: Hon. Brenda Weksler DEFENDANT AARON WALLACE’S NOTICE OF MOTION AND MOTION TO ENLARGE TIME TO FILE A REPLY BRIEF; MEMORANDUM OF POINTS AND AUTHORITIES; PROPOSED ORDER; DECLARATION OF NICOLAS W. SPIGNER 1 Motion to Enlarge Time to File Reply Brief 2:18-cv-02423-RFB-BNW Dockets.Justia.com Case 2:18-cv-02423-RFB-BNW Document 323 322 Filed 01/09/23 01/06/23 Page 2 of 6 1 NOTICE OF MOTION FOR ENLARGEMENT OF TIME TO FILE REPLY BRIEF (Second Request) 2 PLEASE TAKE NOTICE that Defendant AARON WALLACE (“Wallace”), through his 3 attorneys, SPIEGEL & UTRERA, P.A., and pursuant to Local Rule IA 6-1, Federal Rule of Civil 4 Procedure (FRCP) 6(b), will move this Court for an Order granting a two (2) court-day extension 5 of time for Wallace to file a Reply to Reflex Media, Inc’s (“Plaintiff”) Opposition [ECF 321] to 6 Wallace’s Motion for Case-Dispositive Sanctions and, Alternatively, Further Discovery and 7 Evidentiary Sanctions [ECF 320]. Specifically, Wallace respectfully requests an extension of 8 two court days (until Tuesday, January 10, 2023), to file a Reply. In support, Aaron Wallace 9 submits the Memorandum of Law which is incorporated below, the Declaration of Nicolas W. 10 Spigner (“Spigner Declaration”) filed herewith, the Courts entire file for this case, and any such 11 oral and documentary evidence as may be submitted at the hearing on this motion, if any. 12 MOTION FOR ENLARGEMENT OF TIME TO FILE REPLY BRIEF 13 14 I. MEMORANDUM OF POINTS AND AUTHORITIES 15 This is a routine Motion to Enlarge made under Local Rule IA 6-1 and Federal Rule of 16 Civil Procedure (FRCP) 6(b). This is Wallace’s Second Request for an extension of time to file a 17 pleading, having previously sought leave to file an untimely response after the subject deadline, 18 due to a technical outage in the Court’s Electronic Filing System [ECF 275]. This is Wallace’s 19 first request for extension of time to file a pleading before the expiration of the subject deadline. 20 (Spigner Declaration ¶ 4). 21 In the instant matter, Wallace requests additional time to file a Reply Brief in response 22 to Plaintiff’s Opposition [ECF 321] (“Opposition”) to Wallace’s Motion for Case-Dispositive 23 Sanctions and, Alternatively, Further Discovery and Evidentiary Sanctions 24 2 Motion to Enlarge Time to File Reply Brief 2:18-cv-02423-RFB-BNW [ECF 320] Case 2:18-cv-02423-RFB-BNW Document 323 322 Filed 01/09/23 01/06/23 Page 3 of 6 1 (“Motion”). The Motion was filed on Friday, December 16, 2022, at 4:16 p.m. (Spigner 2 Declaration ¶ 5). Plaintiff’s Opposition was filed on Friday, December 30, 2022, at 9:58 p.m. 3 (PST). (Spigner Declaration ¶ 7). As such, the courts electronic filing system (“ECF”) 4 automatically set the date for Wallace to file a Reply as January 6, 2023. Due to: (1) the 5 Opposition being filed well-after normal business hours (although timely); (2) the New Year’s 6 Holiday; and, (3) the related Court Holiday (1/2/2023), Wallace’s counsel did not receive a notice 7 the Opposition was filed until Tuesday, January 3, 2022. (Spigner Declaration ¶ 11). Effectively, 8 Wallace’s counsel only had four days to file a Reply. (Spigner Declaration ¶ 7). As such, Wallace 9 Respectfully Requests an extension of two (2) court days to file a Reply, on January 10, 2023. 10 11 12 An enlargement of time to file a Reply Brief can be granted under, FRCP 6 and LR IA 61. These rules are set out below: LR IA 6-1. REQUESTS FOR CONTINUANCE, EXTENSION OF TIME, OR ORDER SHORTENING TIME 13 18 (a) A motion or stipulation to extend time must state the reasons for the extension requested and must inform the court of all previous extensions of the subject deadline the court granted. (Examples: “This is the first stipulation for extension of time to file motions.” “This is the third motion to extend time to take discovery.”) A request made after the expiration of the specified period will not be granted unless the movant or attorney demonstrates that the failure to file the motion before the deadline expired was the result of excusable neglect. Immediately below the title of the motion or stipulation there also must be a statement indicating whether it is the first, second, third, etc., requested extension, i.e.: 19 STIPULATION TO EXTEND TIME TO FILE MOTIONS (First Request) 14 15 16 17 20 (b) The court may set aside any extension obtained in contravention of this rule. 21 (c) A stipulation or motion seeking to extend the time to file an opposition or reply to a motion, or to extend the time fixed for hearing a motion, must state in its opening paragraph the filing date of the subject motion or the date of the subject hearing. 22 23 FRCP 6: Computing and Extending Time; Time for Motion Papers 24 3 Motion to Enlarge Time to File Reply Brief 2:18-cv-02423-RFB-BNW Case 2:18-cv-02423-RFB-BNW Document 323 322 Filed 01/09/23 01/06/23 Page 4 of 6 1 (b) Extending Time. 2 3 4 (1) In General. 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 notice if the court acts, or if a request is made, before the original time or its extension expires; or 5 6 (B) on motion made after the time has expired if the party failed to act because of excusable neglect. 7 Under both rules, the moving party is only required to make a showing of excusable 8 neglect if the motion is made after the expatriation of the subject deadline. Since the Motion is 9 made before the expiration of the subject deadline, Wallace is not required to make a showing of 10 excusable neglect. Wallace must support the Motion with reasons (LR IA 6-1), specifically good 11 cause (FRCP 6(b)(1)(A)). 12 As set forth in the Spigner Declaration, the reason good cause exists to extend the time 13 for Wallace to file a brief by two court days: (1) the Opposition being filed well-after normal 14 business hours (although timely); (2) the New Year’s Holiday; and, (3) the related Court Holiday 15 (1/2/2023). (Spigner Declaration ¶ 11). 16 II. CONCLUSION 17 For the foregoing reasons, Defendant Aaron Wallace respectfully requests that the Court 18 grant this Motion for an Enlargement of Time for two court days (Tuesday, January 10, 2023), to 19 file a Reply to Reflex Media, Inc’s Opposition [ECF 321] to Wallace’s Motion for Case20 Dispositive Sanctions and, Alternatively, Further Discovery and Evidentiary Sanctions [ECF 21 320]. Alternatively, Aaron Wallace’s Motion for Case-Dispositive Sanctions and, Alternatively, 22 Further Discovery and Evidentiary Sanctions [ECF 320], should be granted. 23 24 4 Motion to Enlarge Time to File Reply Brief 2:18-cv-02423-RFB-BNW Case 2:18-cv-02423-RFB-BNW Document 323 322 Filed 01/09/23 01/06/23 Page 5 of 6 1 2 3 4 5 6 7 8 9 DATED: January 6, 2023 Respectfully submitted, By: /s/ Nicolas Spigner _ Nicolas W. Spigner, Esq. SPIEGEL & UTRERA, P.C. 8939 S. Sepulveda Blvd., Suite 400 Los Angeles, CA 90045 Email: attorneyspigner@amerilawyer.com Pro Hac Vice Counsel for Defendant Aaron Wallace By: /s/ Michael Carrigan _ Michael Carrigan, Esq. SPIEGEL & UTRERA, P.A. 2545 Chandler Avenue, Suite 4 Las Vegas, NV 89120 Email: attorneycarrigan@amerilawyer.com Local Counsel for Defendant Aaron Wallace 10 11 12 13 ORDER For good cause shown, IT IS ORDERED that ECF No. 322 is GRANTED. IT IS SO ORDERED DATED: 1:17 pm, January 09, 2023 14 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 5 Motion to Enlarge Time to File Reply Brief 2:18-cv-02423-RFB-BNW Case 2:18-cv-02423-RFB-BNW Document 323 322 Filed 01/09/23 01/06/23 Page 6 of 6 1 CERTIFICATE OF SERVICE 2 I hereby certify that on January 6, 2023, I electronically filed the foregoing document 3 with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being 4 served this day on all counsel of record or pro se parties identified below, either via transmission 5 of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner, as 6 specified, for those counsel or parties who are not authorized to receive electronically Notices of 7 Electronic Filing. 8 Parties Served: 9 Mark L Smith msmith@smithwashburn.com Jacob L. Fonnesbeck jfonnesbeck@sffirm.com Joseph A.Schaeffer, Esq. jschaeffer@sffirm.com SMITH WASHBURN, LLP 6871 Eastern Avenue, Suite 101 Las Vegas, Nevada 89119 Attorney for Plaintiff Reflex Media, Inc. 10 11 12 13 14 15 DATED: January 6, 2023 By: ___/s/ Nicolas Spigner_____________ Nicolas W. Spigner, Esq. 16 17 18 19 20 21 22 23 24 6 Motion to Enlarge Time to File Reply Brief 2:18-cv-02423-RFB-BNW
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