LHF Productions, Inc. v. Does

Filing 157

ORDER granting 156 Stipulation; Re: 155 Motion to Compel. Responses due by 6/29/2018. Replies due by 7/6/2018. Signed by Magistrate Judge Nancy J. Koppe on 6/19/2018. (Copies have been distributed pursuant to the NEF - JM) Modified to correct Response and Reply deadlines on 6/19/2018 (SLD).

Case 2:16-cv-02028-JAD-NJK Document 156 Filed 06/19/18 Page 1 of 4

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F. Christopher Austin, Esq.
Nevada Bar No. 6559
[e-mail]
WEIDE & MILLER, LTD.
10655 Park Run Drive, Suite 100
Las Vegas, NV 89144
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff LHF Productions, Inc.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LHF PRODUCTIONS, INC., a Nevada
Corporation,
Plaintiff,

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vs.
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Case No.: 2:16-cv-02028-JAD-NJK

MARIA GONZALEZ, an individual;
BRIAN KABALA, an individual; JOHN
KOEHLY, an individual; DANIEL
O'CONNELL, an individual; DONALD
PLAIN, an individual; ANTE SODA, an
individual; MATTHEW STEWART, an
individual; and JOHN AND JANE DOES.

STIPULATION AND ORDER TO SET
STANDARD LR II 7-2 BRIEFING
SCHEDULE IN ON COUNTERPLAINTIFF’S RENEWED MOTION TO
COMPEL CERTAIN WRITTEN
DISCOVERY RESPONSES (ECF 155)
(First Request)

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Defendants
___________________________________

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BRIAN KABALA, an individual;

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Counter-Plaintiff,

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vs.

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LHF PRODUCTIONS, INC., a Nevada
Corporation,

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Counter-Defendant,
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Pursuant to Local Rule IA 6-1(a) and Fed.R.Civ.P. 6(b)(1)(A), Counter-Defendant, LHF

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PRODUCTIONS, INC. (hereafter referred to as “Counter-Defendant” or “LHF”), and Counter-

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Plaintiff BRIAN KABALA (“Counter-Plaintiff” or “Kabala”), by and through their undersigned

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counsel, stipulate to an order to set a standard LR II 7-2 briefing schedule for the parties on

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Counter-Plaintiff’s Renewed Motion to Compel (“Motion,” ECF 155). The stipulated schedule

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would replace the expedited deadlines for the filing of an opposition and a reply set forth by the

W EIDE & MILLER, LTD.
10655 PARK RUN DR.,
SUITE 100
LAS VEGAS,
NEVADA 89144
[phone]

FCA-W-0727

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Case 2:16-cv-02028-JAD-NJK Document 156 Filed 06/19/18 Page 2 of 4

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Court’s Order of March 19, 2018, (ECF 137, prescribing the filing of an opposition four calendar-

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days after the filing of the Motion and the filing of a reply two-days thereafter), of June 19, 2018,

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for an opposition and June 21, 2018, for a reply, to the standard briefing deadlines set forth by

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the LR II 7-2 of June 29, 2018, (14-days after the filing of the Motion) for the opposition, and

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July 6, 2018, (7-days after the filing of the opposition) for the reply. This is the first request for

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an extension of time to file an opposition or a reply on the Motion.

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LR IA 6-1 and Fed.R.Civ.P. 6(b)(1)(A) provide that stipulations to extend time may be

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granted upon a showing of good cause when brought prior to the expiration of the relevant

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deadline. “’Good cause’ is a non-rigorous standard that has been construed broadly across

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procedural and statutory contexts.” Id. citing Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253,

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1259 (9th Cir. 2010) (discussing “good cause” in the context of Fed. R. Civ. P. 6(b)(1)). It

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generally involves a case-by-case assessment of whether there is some good reason for the delay

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or requested extension in the absence of bad faith and prejudice to the non-moving party. See id.

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at 1109-1110. Generally, there is good cause to extend time to permit parties adequate time under

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the circumstances to fairly respond to the legal and factual issues raised in the preceding brief,

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and, in the context of a discovery dispute, to seek to resolve the underlying dispute.

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As set forth in the Declaration of Mr. Austin, counsel for LHF, attached hereto as Exhibit

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1, these are precisely the reasons LHF requested the extension to the briefing schedule. Mr. Austin

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was not counsel for LHF when the facts and circumstances arose giving rise to the original January

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30, 2018, Motion to Compel (ECF 112) which the Motion now renews. (See ECF 129 (Feb. 21,

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2018, Notice of Appearance); Austin Decl. at ¶3.) Mr. Austin has suggested to Counter-Plaintiff’s

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counsel that he desires additional time to come up to speed on the history of the dispute and confer

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with his client in order to respond, or if possible, to narrow or resolve the dispute. However, Mr.

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Austin is presently unavailable to give this matter the full attention required as he has an appellate

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brief due the end of this month on an unrelated matter before the Nevada Supreme Court in

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addition to discovery responses in this matter due on June 22, 2018. Accordingly, LHF seeks an

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order setting a standard LR II 7-2 briefing schedule to so it may properly confer with its counsel—

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who is presently has limited availability due to a conflicting matter—and to seek to resolve the

W EIDE & MILLER, LTD.
10655 PARK RUN DR.,
SUITE 100
LAS VEGAS,
NEVADA 89144
[phone]

FCA-W-0727

2

Case 2:16-cv-02028-JAD-NJK Document 156 Filed 06/19/18 Page 3 of 4

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outstanding dispute—if possible—in connection with responses to an existing request for

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production due June 22, 2018. Id. at ¶6.

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In light of the above, Counter-Defendants, who originally filed the renewed Motion with

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the understanding that the briefing deadlines were governed by LR II 7-2, have graciously agreed

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to the requested stipulation. Id. at ¶ . Neither party, therefore, will be prejudiced by the requested

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extension.

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Having learned that the expedited deadlines would apply, the parties have agreed to this

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stipulation to in a good faith effort to provide LHF with fair opportunity—given the current time

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constraints of its counsel—to confer with its counsel and respond to the Motion and/or seek to

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narrow or resolve the dispute. Good cause, therefore, exists for the requested stipulation, and it

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should be granted.

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DATED this 19th day of June 2018.

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By: /S/ F. Christopher Austin
F. Christopher Austin, Esq.
[e-mail]
WEIDE & MILLER, LTD.
10655 Park Run Drive, Suite 100
Las Vegas, NV 89144
Attorney for Counter-Defendant
Productions, Inc.

By: /S/ Lisa L. Clay
Jonathan D. Blum, Esq.
[e-mail]
KOLESAR & LEATHAM
400 South Rampart Blvd, Suite 400
Las Vegas, NV 89145
LHF

Lisa L. Clay, Esq. (Pro Hac Vice)
[e-mail]
345 North Canal Street Suite C202
Chicago, IL 60606-1333

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Attorney for Counter-Plaintiff Brian Kabala
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ORDER
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IT IS SO ORDERED
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June day of
Dated this 19, 2018

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DISTRICT COURT JUDGE
United States Magistrate Judge

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W EIDE & MILLER, LTD.
10655 PARK RUN DR.,
SUITE 100
LAS VEGAS,
NEVADA 89144
[phone]

FCA-W-0727

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