Rivera v. CSL Plasma Inc. et al

Filing 6

ORDER granting ECF No. 5 Motion to Extend Time. CSL Plasma Inc. answer/response re ECF No. 1 is due 11/16/2023. Signed by Magistrate Judge Daniel J. Albregts on 11/14/2023. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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JOSE RIVERA, an individual,

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Case No.: 2:23-cv-01810-JAD-DJA

Plaintiff,
vs.

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10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Kathryn C. Newman
Nevada Bar No. 13733
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]
Fax: [phone]
Attorney for Defendant CSL Plasma Inc.

CSL PLASMA INC., a Foreign Corporation;
DAVID MUMFORD, an Individual, TIM
AVILA, an Individual, SHAMAURIA
COMARTIE, an Individual, JANET
MONARREZ, an Individual; DOES II through
XX, inclusive, and ROE BUSINESS
ENTITIES I through XX, inclusive,
Defendants.

DEFENDANT’S MOTION FOR
EXTENSION OF TIME TO RESPOND
TO PLAINTIFF’S COMPLAINT
(FIRST REQUEST)

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Pursuant to Rule 6(b), Federal Rules of Civil Procedure, and Local Rule IA 6-1, Defendant

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CLS Plasma Inc. (“Defendant CSL”) submits this Motion for Extension of Time to Respond to

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Plaintiff’s Complaint.

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Defendant CSL’s response to Plaintiff’s First Amended Complaint is due November 13,

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2023. Defendant CSL requests a (3) day extension of time up to and including Thursday, November

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16, 2023 in which to respond based on the undersigned counsel’s recent illness.

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This is Defendant CSL’s first request for an extension of time within which to respond to the

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First Amended Complaint.

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10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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MEMORANDUM IN SUPPORT

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Defendant CSL Plasma filed a Petition for Removal of Action Pursuant to 28 U.S.C.

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§§ 1332 and 1441 and Doctrine of Fraudulent Joinder on November 6, 2023. ECF No. 1.

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Pursuant to Fed. R. Civ. P. 81(c)(2)(C), Defendant CSL must respond to the Complaint in

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seven days after notice of removal is filed. Accordingly, the date within which to respond to

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the Complaint is Monday, November 13, 2023.

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Rule 6(b)(1) allows a Court, for good cause, to extend the time within which a party

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may respond on a motion filed before the original time expires. Courts in the District of

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Nevada have routinely held that illness establishes good cause for the requested extension.

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See, e.g., Morales v. McDaniel, Case No. 3:17-cv-197-MMD-CBC, 2019 U.S. Dist. LEXIS

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173103, * 4 (D. Nev. Oct. 3, 2019) (“The ‘practicalities of life’ (such as an attorney’s

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‘conflicting professional engagements’ or personal commitments such as vacations, family

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activities, illnesses, or death) often necessitate an enlargement of time to comply with a court

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deadline.”) (citations omitted).

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Here, there is such good cause. Counsel for Defendant CSL tested positive for CoVID-

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19 on Thursday, November 9, 2023. Due to illness, counsel had limited ability to work over

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the past four days. As a result, a short continuance is requested to allow Defendant CSL to

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fully brief the issues before the Court.

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Defendant CSL requested a stipulation to extend the response deadline from opposing

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counsel earlier today. Just prior to filing this motion, Plaintiff informed counsel that he did

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not oppose the request for a brief continuance. Defendant CSL has offered to stipulate to

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extend the time within which Plaintiff can respond to Defendant CSL’s Motion to Dismiss

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in light of this professional courtesy and the upcoming holiday.

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CONCLUSION

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For the foregoing reasons, Defendant CSL Plasma respectfully requests the Court

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grant it through November 16, 2023, to respond to Plaintiff’s First Amended Complaint.

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DATED this 13th day of November, 2023.

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OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

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/s/ Kathryn C. Newman
Kathryn C. Newman
Nevada Bar No. 13733
10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Attorney for Defendant CSL Plasma Inc.

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10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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IT IS SO ORDERED:

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11/14/2023
DATED: _____________________

_______________________________________
United States Magistrate Judge Daniel A. Albregts

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I hereby certify that I electronically transmitted the foregoing Motion for Extension of Time

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to Respond to Plaintiff’s Complaint to the Clerk’s Office using the CM/ECF System for filing and

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transmittal of a Notice of Electronic Filing to the following CM/ECF registrant:

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Al Lasso, Esq.

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Pursuant to FRCP 5(b), I hereby further certify that service of the foregoing document was

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also made by depositing a true and correct copy of same for mailing, first class mail, postage prepaid

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thereon, at Las Vegas, Nevada, to the following:

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Al Lasso, Esq.
Lasso Injury Law LLC
10161 Park Run Drive
Ste. 120
Las Vegas, NV 89145
Attorney for Plaintiff Jose Rivera

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10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

CERTIFICATE OF SERVICE

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DATED this 13th day of November, 2023.
/s/ Diksha Vadan
AN EMPLOYEE OF OGLETREE, DEAKINS,
NASH, SMOAK & STEWART, P.C.

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