KMI Zeolite, Inc. v. United States Department of the Interior, et al.

Filing 111

ORDER Granting 104 Motion to Extend Time Re: 90 Report and Recommendation. Objections to R&R due by 4/13/2018. Signed by Magistrate Judge Cam Ferenbach on 3/30/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KMI ZEOLITE, INC.,
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Plaintiff,
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vs.
UNITED STATES DEPARTMENT OF THE
INTERIOR, et al.,

2:15-cv-02038-MMD-VCF
ORDER

Defendants.
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Before the Court is Plaintiff ABC Recycling Industries, LLC’s Motion to Extend Time to File
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Objection to Report and Recommendations (ECF NO. 104).
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On December 11, 2017, Judge Ferenbach issued a Report and Recommendation that ABC be
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defaulted. (ECF No. 90). Any objections were due by December 26, 2017. No objections were filed.
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ABC retained new counsel on February 16, 2018. On February 28, 2018, ABC filed the instant motion
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seeking an extension to file an objection to the Report and Recommendation. ABC states that Mr. Ford
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(ABC’s representative) obtained new counsel after realizing that his former counsel failed to file a notice
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of appearance for ABC, which lead to the recommendation for default of ABC in this matter. (ECF No.
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104). ABC claims that Mr. Ford has acted in good faith and that ABC’s negligence in its failure to timely
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file an objection to the Report and Recommendation is excusable neglect. Id.
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The Federal Defendants have filed an opposition to ABC’s motion to extend time to object (ECF
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No. 105). The Federal Defendants argue that Harker’s (ABC’s former counsel) failure to act was not
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excusable neglect and they would be prejudice if ABC continues to be a party, since they will need to
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respond to ABC’s quiet-title action. Id.
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ABC filed a reply in support of the its motion and addressed the Federal Defendants’ argument.
(ECF No. 109).

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Under LR IB 3-1(a) and 3-2(a), the parties are entitled to file an objection to the magistrate judge’s

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findings and the deadline to file any objections is 14 days after the service of the report and

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recommendations. The report and recommendation (ECF No. 90) is currently pending. There has been

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change in counsel for ABC. Given the severity of the recommendation of default of ABC, the court finds

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that allowing ABC an opportunity to file an objection to the Report and Recommendation is appropriate

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and this action will not prejudice the Federal Defendants.

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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Plaintiff ABC Recycling Industries, LLC’s Motion to Extend

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Time to File Objection to Report and Recommendations (ECF NO. 104) is GRANTED. Any objections

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are due by April 13, 2018.

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DATED this 30th day of March, 2018.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE