Teamsters, Chauffeurs, Warehousemen and Helpers, and Professional, Clerical, Public and Miscellaneous Employees, Local Union No. 533 v. Keolis Transit America, Inc., No. 3:2021cv00167 - Document 11 (D. Nev. 2021)
Court Description: ORDER granting ECF No. 10 Motion to Extend Time : Keolis Transit America, Inc. answer due on or before 5/26/2021. Signed by Magistrate Judge Carla Baldwin on 5/3/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Teamsters, Chauffeurs, Warehousemen and Helpers, and Profes...o. 533 v. Keolis Transit America, Inc. 1 2 3 4 5 Doc. 11 DEANNA L. FORBUSH (6646) FOX ROTHSCHILD LLP 1980 Festival Plaza Drive, #700 Las Vegas, Nevada 89135 (702) 262-6899 tel (702) 597-5503 fax dforbush@foxrothschild.com Attorneys for Defendant Keolis Transit America, Inc. 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS AND PROFESSIONAL, CLERICAL, PUBLIC AND MISCELLANEOUS EMPLOYEES, LOCAL UNION NO. 533, 13 Case No.: 3:21-CV-00167-MMD-CLB DEFENDANT KEOLIS TRANSIT AMERICA, INC.’S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S PETITION Petitioner, v. 14 15 KEOLIS TRANSIT AMERICA, INC., A Delaware Corporation; 16 Respondent. 17 18 Respondent, Keolis Transit America, Inc. (“Keolis”), by and through its undersigned 19 counsel and pursuant to Nev. R. Civ. P. 6(b)(1)(B)(i), hereby files this Motion for Extension of 20 Time to Respond to the Petition filed by Petitioner, Teamsters, Chauffeurs, Warehousemen, 21 Helpers, and Professional, Clerical, Public, and Miscellaneous Employees, Local Union No. 22 533 (the “Union”) originally due May 5, 2021, and in support states: 23 1. The Union filed the instant matter on April 9, 2021. 24 2. Keolis’ lead counsel, Arturo Ross, Esquire, joined Fox Rothschild, LLP on 25 April 5, 2021, and has been diligently working to transfer client files from his former firm. Mr. 26 Ross brought in excess of 250 matters with him, many of which, including the instant matter, 27 are being assigned to other lawyers at Fox Rothschild due to the volume. 28 3. On April 14, 2021, counsel for the Union, Matthew J. Gauger, sent a letter to 1 Dockets.Justia.com 1 Mr. Ross enclosing a courtesy copy of the “Complaint” [sic] and stating that “Tiffany Crain 2 will follow-up with you regarding Waiver of Service and other procedural matters once she 3 returns next week.” (A true and correct copy of the letter is attached as Exhibit “A.”) 4 4. According to the docket, notwithstanding the Union’s representation regarding 5 Waiver of Service (“Waiver”), without making contact with Respondent’s counsel, Ms. Crain 6 filed a return of service of summons on April 21, 2021. 7 5. On April 26, 2021, counsel for Keolis wrote to Union counsel and inquired 8 about the waiver, or in the alternative, seeking a brief extension of time of until May 26, 2021, 9 within which to file a responsive pleading. (A true and correct copy of the email is attached as 10 Exhibit “B.”) 11 6. On April 28, 2021, Ms. Crain responded refusing all professional courtesy and 12 denying the request, stating that the “matter is urgent and cannot afford delay.” This, despite 13 that fact that had Keolis executed a Waiver, the response date would be June 14, 2021, at the 14 earliest. (A true and correct copy of the letter is attached as Exhibit “C.”) 15 7. This is the Respondent’s first request for an extension of time to file a reply. 16 8. The Union is seeking to enforce an arbitration award, despite that the matter is 17 not yet ripe for consideration by this Court. 18 19 10. The extension of time requested herein is not sought for purposes of delay or any other improper purpose. 22 23 Defendant requires additional time to adequately brief the issues before the Court. 20 21 9. 11. This matter is not set for trial and neither the parties, nor the Court, will be prejudiced as a result of the extension of time requested herein. 24 12. In light of the foregoing, Defendant requests an additional twenty (21) days to 25 respond to Plaintiff’s Petition. Accordingly, provided the instant request is granted, Defendant 26 will serve a response to the Complaint on or before May 26, 2021. 27 /// 28 2 1 WHEREFORE, Defendant, Keolis Transit America, Inc. respectfully requests entry of 2 an Order granting an extension of time within which to serve a response to Plaintiff’s Petition to 3 and including May 26, 2021 and granting such other and further relief as is just and proper. 4 Dated this 3rd day of May, 2021. 5 FOX ROTHSCHILD LLP 6 /s/ Deanna L. Forbush__________________ DEANNA L. FORBUSH (6646) 1980 Festival Plaza Drive, #700 Las Vegas, Nevada 89135 Attorneys for Respondent Keolis Transit America, Inc. 7 8 9 10 11 IT IS SO ORDERED. 12 Dated: May 3, 2021 13 14 15 __________________________________ UNITED STATES MAGISTATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that I am an employee of Fox Rothschild LLP, and that on the 3rd day of 3 May, 2021, a copy of the foregoing DEFENDANT KEOLIS TRANSIT AMERICA, INC.’S 4 MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S PETITION 5 was served via the Court’s electronic filing system to the parties listed below: 6 7 8 9 10 Kristina L. Hillman Tiffany L. Crain Sean W. McDonald Law Offices of Kristina L. Hillman Affiliated with Weinberg, Roger & Rosenfeld 1594 Mono Avenue P.O. Box 1987 Minden, Nevada 89423 Attorneys for Petitioner 11 12 13 /s/ Natasha Martinez An employee of Fox Rothschild LLP 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 2 3 4 5 INDEX OF EXHIBITS EXHIBIT A DESCRIPTION Letter from Matthew J. Gauger to Arturo Ross, dated April 14, 2021 B Email from Lori Armstrong Halber to Dusty James and Matthew Gauger, dated April 26, 2021 C Letter from Kristina L. Hillman to Lori Armstrong Halber, dated April 28, 2021 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 122362960.v1 EXHIBIT A Letter from Matthew J. Gauger to Arturo Ross, dated April 14, 2021 EXHIBIT B Email from Lori Armstrong Halber to Dusty James and Matthew Gauger, dated April 26, 2021 EXHIBIT C Letter from Kristina L. Hillman to Lori Armstrong Halber, dated April 28, 2021
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