Sipe v. Music Group of Las Vegas, LLC

Filing 39

ORDER granting 38 Motion to Extend Time to Respond to 24 Motion for Summary Judgment; Responses due by 2/15/2021. Signed by Judge James C. Mahan on 2/17/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:20-cv-00299-JCM-BNW Document 38 Filed 02/15/21 Page 1 of 4
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02/17/21

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Amanda L. Ireland, Esq.
Nevada Bar No. 13155
Ireland Law Group, LLC
7854 West Sahara Ave.
Las Vegas, Nevada 89117
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:20-cv-00299-JCM-BNW

SHANE SIPE, an individual,
Plaintiff,
v.

PLAINTIFF’S MOTION FOR A FINAL
EXTENSION OF TIME TO FILE HIS
OPPOSITION TO DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT

MUSIC TRIBE COMMERCIAL NV INC.;
DOES I through X, inclusive; ROE
CORPORATIONS I through X, inclusive,
Defendant.

(Fourth Request)

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Pursuant to Federal Rule of Civil Procedure 6(b)(1) and Local Rules IA 6.1, 6.2, Plaintiff

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Shane Sipe, by and through his counsel, Amanda L. Ireland, Esq. of Ireland Law Group, LLC,

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respectfully requests the Court Grant Plaintiff’s motion for a final extension of time to file his

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Opposition to Defendant’s Motion for Summary Judgment until today, February 15, 2021. This

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fourth and final request for extension is submitted contemporaneously with the Opposition brief

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in an abundance of caution, since no further time is sought at the time of filing, however, the

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previous Stipulation and Order (ECF No. 35.) extending the deadline for Plaintiff’s Opposition

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until February 12, 2021, expired before it was possible to file Plaintiff’s Opposition brief, due to

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unavoidable constraints and circumstances.
Defendant’s Motion was filed on December 17, 2020 (ECF No. 24) and an opposition
was originally due on January 7, 2021. Due to the holiday season and COVID-19 office closures
the parties stipulated to an initial extension on December 22, 2020 (ECF No. 25), granted on
December 28, 2020, (ECF No. 26), extending the deadline eight days until January 15, 2021.

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On January 4, 2021, prior counsel filed a Motion to Withdraw, which was granted by

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minute order on January 11, 2021. (ECF No. 29.) A status check regarding Plaintiff’s intent to

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retain new counsel was set for January 14, 2021. Before appearing at the status check, Plaintiff

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retained undersigned counsel January 12, 2021, and her appearance was noticed the same day

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(ECF No. 31). Plaintiff immediately moved for a two-week extension until January 29, 2021 to

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allow new counsel time to review the entire case file before responding to the dispositive motion.

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(ECF No. 32). Plaintiff’s January 13th motion for an extension was granted on January 22, 2021.

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(ECF No. 34). The parties subsequently filed a Stipulation and Proposed Order to extend the

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deadline to respond until February 12, 2021 (ECF No. 35) which was granted February 4, 2021.

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This is Plaintiff’s fourth request for an extension of time to file his opposition to Defendant’s

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Motion for Summary Judgment. Plaintiff relies on the memorandum of points and authorities set

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forth below in support of his request.
MEMORANDUM OF POINTS AND AUTHORITIES
Federal Rule of Civil Procedure 6(b)(1) provides that “[w]hen 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 (B) on motion made after the time has expired if the party failed to act because of
excusable neglect. It is within a trial court’s sound discretion to determine whether to grant an
extension of time. Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258 (9 th Cir. 2012).
This fourth and final request for an extension is made three days after expiry of the
current deadline to respond to the motion for summary judgment, therefore something more than
“good cause” must be shown. Here, Plaintiff’s neglect in seeking a final request is excusable
under the circumstances of Plaintiff’s need to change counsel at the 11 th hour, due to a conflict of
interest that emerged after the close of discovery and filing of Defendant’s motion for summary
judgment. The ability of new counsel to fully apprehend and appreciate the implications raised
by the totality of the evidence, and adequately address the substantive issues in such a short time
frame was severely constrained and additional delay was unavoidable.
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Since Plaintiff’s claims for relief are asserted under remedial federal and state wage and

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hour statutes, as well as the common law, allowing Plaintiff additional time to reconsider his

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litigation strategy following the unexpected need to change counsel comports with traditional

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notions of justice and fairness.

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Plaintiff acknowledges the inconvenience to Defendant caused by the modest delay in

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these proceedings. Thus, in his opposition to summary judgment, Plaintiff presents admissible

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evidence and affidavits in defense of his individual claims, but also narrows the issues for trial

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by conceding his proposed collective and class actions.

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Under the circumstances, a final three-day extension over a long public holiday weekend

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is reasonable. Defendant Music Tribe, a multinational corporation, will not be prejudiced by the

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granting of this motion. But denial of the motion would cause extreme prejudice to Plaintiff.

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Based on the foregoing, Plaintiff respectfully requests the Court grant him an extension
until February 15, 2021, to file his response to Defendant’s motion for summary judgment.
DATED this 15th day of February 2021.

IRELAND LAW GROUP, LLC

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/s/ Amanda L. Ireland
_____________________________
Amanda L. Ireland, Esq.
Ireland Law Group
7854 West Sahara Ave.
Las Vegas, Nevada 89117
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff

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IT IS SO ORDERED:
Plaintiff’s motion for a final extension of time to file his
Opposition to Defendant’s Motion for Summary
Judgment until February 15, 2021 is hereby granted.

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_________________________________________
UNITED STATES DISTRICT JUDGE

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February 17, 2021
Dated: February ____, 2021
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02/17/21

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 15th day of February 2021, I served PLAINTIFF’S

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MOTION FOR A FINAL EXTENSION OF TIME TO FILE HIS OPPOSITION TO

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DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Fourth Request) via Electronic

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Filing/Service Notification through CM/ECF to:

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ATTORNEY OF RECORD

TELEPHONE/FAX

Tel: [phone]
Mark H. Hutchings, Esq.
Fax: [phone]
HUTCHINGS LAW GROUP, LLC
552 E. Charleston Blvd.
Las Vegas, Nevada 89104
[e-mail]

PARTIES
Plaintiff,
Counter-Claimant
Music Tribe
Commercial NV Inc.

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/s/ Anya Karakozov
___________________________________
An employee of IRELAND LAW GROUP

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