Beckman v. Match.com, LLC

Filing 37

ORDER granting 36 Motion re 34 Motion to Dismiss. Replies due by 12/19/2016. Signed by Judge James C. Mahan on 11/30/2016. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 MARY KAY BECKMAN, 8 9 10 Case No. 2:13-CV-97 JCM (NJK) Plaintiff(s), ORDER v. MATCH.COM, LLC, 11 Defendant(s). 12 13 Presently before the court is defendant Match.com, LLC’s motion for extension of time 14 (first request) to reply to plaintiff Mary Kay Beckman’s response (ECF No. 35) to defendant’s 15 motion to dismiss (ECF No. 34). (ECF No. 36). 16 On November 7, 2016, defendant filed a motion to dismiss plaintiff’s amended complaint. 17 (ECF No. 34). On November 23, 2016, plaintiff responded to defendant’s motion to dismiss. (ECF 18 No. 35). Replies are currently due by December 5, 2016. 19 In the instant motion, defendant requests an extension to December 19, 2016, to file its 20 reply. (ECF No. 36). Defendant states that defense counsel was out of the jurisdiction from 21 November 23, 2016, through November 28, 2016, and a two-week extension would provide 22 sufficient time for counsel to submit a properly briefed reply. (ECF No. 36 at 2). Further, 23 defendant asserts that defense counsel made two requests for an extension to plaintiff’s counsel, 24 but was unsuccessful. (ECF No. 36 at 2). 25 Federal Rule of Civil Procedure 6(b)(1) provides that the court may, for good cause, extend 26 the time with or without motion or notice if a request is made before the original time or its 27 extension expires, as here. 28 James C. Mahan U.S. District Judge 1 Because plaintiff is unlikely to be prejudiced by the brief delay and because the potential 2 impact on the proceedings is minimal, the court will grant defendant’s motion for extension of 3 time. Defendant has until December 19, 2016, to file a reply to plaintiff’s response to defendant’s 4 motion to dismiss. 5 Accordingly, 6 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendant’s motion for 7 extension of time (first request) to reply to plaintiff’s response to defendant’s motion to dismiss 8 (ECF No. 36) be, and the same hereby is, GRANTED. 9 10 11 12 IT IS FURTHER ORDERED that defendant shall file a reply by December 19, 2016. DATED November 30, 2016. __________________________________________ UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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