Martinez-Carranza v. Plumbers and Pipefitters Union Local No. 525 Trust Funds et al

Filing 27

ORDER Granting 25 Motion to Extend Time re 24 Order (First Request). Amended Complaint deadline: 5/3/2021. Signed by Magistrate Judge Cam Ferenbach on 4/27/2021. (Copies have been distributed pursuant to the NEF - MR)

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LAW OFFICES OF BYRON THOMAS
BYRON THOMAS
Nevada Bar No. 8906
3275 S. Jones Blvd. Ste. 104
Las Vegas, Nevada 89146
Phone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF, NEVADA

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EDGAR MARTINEZ-CARRANZA,

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Plaintiff,
vs.
PLUMBERS AND PIPEFITTERS UNION
LOCAL NO. 525 TRUST FUNDS;
PLUMBERS AND PIPEFITTERS LOCAL
NO. 525 a union organized in Nevada;
PLUMBERS AND PIPEFITTERS LOCAL
NO. 525 PENSION & RETIREMENT
FUNDS, a retirement fund established in
Nevada; BOARD OF TRUSTEES OF THE
PLUMBERS AND PIPEFITTERS LOCAL
525 PENSION TRUST FUNDS, a pension
fund established in Nevada; PLUMBERS
AND PIPEFITTERS UNION LOCAL #525
BENEFIT FUNDS,; TONI C. INSCOE
ADMINISTRATOR FOR THE TRUSTEES
PLUMBERS
AND
PIPEFITTERS
NATIONAL PENISON FUND; BENESY
INC.,; DOES I though V, inclusive; and ROE
CORPORATIONS VI through X, inclusive,
Defendants

) Case No.: 2:20-cv-01930-RFB-VCF
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MOTION TO EXTEND DEADLINE
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TO FILE AMENDED COMPLAINT
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(FIRST REQUEST)
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COMES now Plaintiff Edgar Martinez by and through his counsel Law Offices

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of Byron Thomas and files this Motion to Extend Deadline to File Amended

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Complaint, First Request (the “Request”). The Request is based on the points of

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authorities and any argument ordered by the Court

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POINTS AND AUTHORITIES

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Federal Rule of Civil Procedure 6(b) provides:

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b) EXTENDING TIME.

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(1) In General. When an act may or must be done within a specified time, the court
may, for good cause, extend the time:

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(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

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(B) on motion made after the time has expired if the party failed to act because of
excusable neglect.

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(2) Exceptions. A court must not extend the
Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).

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time

to

act

under

Local Rule IA 6-1 in relevant part states that "[ e]very motion or stipulation to extend

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time shall inform the Court of any previous extensions granted and state the reasons for

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the extension requested,”

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On March 29, 2021 the Court dismissed Plaintiff’s Complaint but granted leave to
amend. The Court set April 26, 2021 as the deadline to file the Amended Complaint.

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Counsel for Plaintiff. received his second Covid 19 shot last week, and has

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suffered side effects such as nausea, headaches, body aches, and extreme fatigue. This

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has affected Counsel’s ability to complete the Amended Complaint. Counsel is a solo

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practitioner, and does not have additional staff that could complete the Amended

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Complaint.. Therefore, the Plaintiff requests an additional week to file the Amended

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Complaint to May 3, 2021. This is the first request for an extension.

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A. Request for Extension
Courts interpreting FRCP 6(b) have held the rule ''(is] to be liberally construed to effectuate

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the general purpose of seeing that cases are tried on the merits.'· Ananchian v. Xenon Pictures, Inc.

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624 F.3d 1253, 1258-59 (9th Cir. 2010) quoting Rodgers v.Watt, 722 F.2d 456, 459 (9th Cir. 1983)

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quoting Staren v. American Nat'l Bank & Trust Co. of Chicago, 529 F.2d 1257, 1263 (7th Cir.

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1976); see also Fed. R. Civ. P. 1 ("[The Federal Rules] should be construed and administered to
secure the just, speedy, and inexpensive determination of every action and proceeding.").

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B. Danger of Prejudice
The Ninth Circuit has stated its preference for adjudicating claims on the merits, largely in

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the name of judicial economy. Moradi v. Adelson, No. 11-00595, Docket #50 at 3 (D. Nev. 2011)

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citing, Molfetta v. Time Ins. Co., No. 2:07-cv-01240- JCM-LRL, 2010 WL 2041703, at *1 (D. Nev.

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May 17, 2010) ("Due to the judicial preference of adjudicating issues on the merits, the court has

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exercised its discretion and considered Plaintiffs untimely opposition, and all arguments presented

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therein."); and cf Dayton Valley Investors, LLC v. Union Pac, RR Co., 664 F. Supp. 2s 1174, 1179
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(D. Nev. 2009) (finding good cause for allowing a belated summary judgment motion where the
Court would ·'eventually address'' the issues raised in that motion).
There is no danger of prejudice. The litigation is in its early stages. No hearing or trial date

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has been set, and no discovery deadlines have been set so the continuance will not prejudice

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Defendant or unduly day the litigation.. Moreover, Plaintiff would also be amenable to any request

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from Defendant for any necessary extension..

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C. Length of Delay.
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Defendants seek a one (1) week extension. In analyzing the length of the delay the

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Ahanachian, Court looked at the effect the delay would have on the summary judgment hearing

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date and the date of the trial. 624 F.3d at 1262. In the instant case the delay would have a negligible

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effect on the case, because of the early stage of the case. No discovery or trial dates have been set
So the granting of the extension would have a negligible effect on the case.

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D. Reason for Delay

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Counsel for Defendants, is suffering from extreme fatigue, severe headaches, nausea, and

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muscle soreness. Plaintiff’s counsel recently received the second dose of the Covid 19 vaccine and
believes that these symptoms are side effects of the vaccine. Plaintiff requests a 7 day extension

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until May 3, 2021.
CONCLUSION

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For the foregoing reason the Defendants respectfully requests a one (1) week extension of the
deadline to file the Amended Complaint..
DATED this __26th___ day of April 2021
LAW OFFICES OF BYRON THOMAS

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_____/s/ Byron E. Thomas_____
BYRON THOMAS, ESQ.
Nevada Bar No. 8906
3275 S. Jones Blvd., Ste. 104
Las Vegas, Nevada 89146
[phone]
[e-mail]
Attorney for Plaintiff

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IT IS HEREBY ORDERED that Plaintiff has
up to and including May 3, 2021 to file the
Amended Complaint.

IT IS SO ORDERED:

________________________________
Cam Ferenbach
UNITED STATES MAGISTRATE JUDGE

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DATED: 4-27-2021

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