Diamond X Ranch, LLC v. Atlantic Richfield Company

Filing 316

ORDER granting ECF No. 315 Motion to Extend Time to respond to ECF Motion 309 Motion to Exclude. Diamond X Ranch, LLC and Park Livestock Co's Response due by 1/9/2018. Signed by Magistrate Judge William G. Cobb on 12/20/2017. (Copies have been distributed pursuant to the NEF - KW)

Case 3:13-cv-00570-MMD-WGC Document 315 Filed 12/19/17 Page 1 of 4

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NOAH PERCH-AHERN, pro hac vice
FRED D. HEATHER, pro hac vice
AARON P. ALLAN, pro hac vice
TERRY D. AVCHEN, pro hac vice
GLASER WEIL FINK HOWARD
AVCHEN & SHAPIRO LLP
10250 Constellation Boulevard, 19th Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

BRAD M. JOHNSTON - Nevada Bar No. 8515
JOHNSTON LAW OFFICES, P.C.
22 State Route 208
10 Yerington, Nevada 89447
Telephone: [phone]
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Attorneys for Plaintiff DIAMOND X RANCH LLC and
Third-Party Defendant PARK LIVESTOCK COMPANY

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DIAMOND X RANCH LLC,

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Plaintiff / Counter-Defendant

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vs.

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ATLANTIC RICHFIELD COMPANY,

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Defendant / Counterclaimant /
Third-Party Plaintiff,

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CASE NO.: 3:13-cv-00570-MMD-WGC
DIAMOND X RANCH LLC AND PARK
LIVESTOCK CO.’S UNOPPOSED
MOTION FOR EXTENSION OF TIME
TO FILE RESPONSE TO ATLANTIC
RICHFIELD CO.’S MOTION TO
EXCLUDE (ECF NO. 309)
[FIRST REQUEST]

vs.
PARK LIVESTOCK CO.,
Third-Party Defendant.

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DIAMOND X AND PARK LIVESTOCK’S UNOPPOSED MOTION FOR EXTENSION OF TIME
1432590

Case 3:13-cv-00570-MMD-WGC Document 315 Filed 12/19/17 Page 2 of 4

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Pursuant to Federal Rule of Civil Procedure 6 and Local Rules (“LR”) IA 6-1 and 6-2,

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Diamond X Ranch LLC (“Diamond X”) and Park Livestock Co. (“Park Livestock”) move for an

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extension of time, by one week until January 9, 2018, to file their response to Atlantic Richfield Co.’s

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(“ARCO”) Motion to Exclude New and Untimely Expert Opinions (“Motion to Exclude”) (ECF No.

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309), filed on December 18, 2017. In support of this Motion for Extension of Time, Diamond X and

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Park Livestock state as follows:

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1.

ARCO filed its Motion to Exclude on December 18, 2017 (ECF No. 309);

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2.

Pursuant to Federal Rule of Civil Procedure 6(a) and LR 7-2, Diamond X and Park

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Livestock’s Opposition is due on January 2, 2018. Therefore this request for extension of time is
timely filed.
3.

Counsel for Diamond X and Park Livestock conferred by email with counsel for

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ARCO regarding this request for extension of time, and counsel for ARCO do not oppose the

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requested extension.

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4.

This is Diamond X and Park Livestock’s first request for extension of time to file their

Opposition.
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Diamond X and Park Livestock request additional time to file their Opposition

because:
a.

ARCO’s Motion to Exclude is extensive, containing 17 pages of legal briefing,

a declaration, and numerous appendices of exhibits (ECF Nos. 309-314).
b.

Under LR 7-2, Diamond X and Park Livestock have 14 days to file their

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opposition, but that period includes four weekend days and two major legal holidays – Christmas and

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New Year’s Day. Counsel for Diamond X and Park Livestock have prescheduled holiday plans

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between Christmas and New Year’s Day and their office staff have vacations and family gatherings.

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c.

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purpose of delay.

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d.

This request for extension of time is made for good cause and not for the

The requested one-week extension will not conflict with any scheduling

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deadline or other order of the Court, and will therefore not delay any proceedings and will not

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prejudice any party.
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DIAMOND X AND PARK LIVESTOCK’S MOTION REQUEST FOR EXTENSION OF TIME

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Case 3:13-cv-00570-MMD-WGC Document 315 Filed 12/19/17 Page 3 of 4

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WHEREFORE, based on the foregoing, Diamond X and Park Livestock respectfully move for

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an extension of time through and including January 9, 2018, to file their Opposition to ARCO’s

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Motion to Exclude.

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DATED: December 19, 2017

Respectfully submitted,
GLASER WEIL FINK HOWARD
AVCHEN & SHAPIRO LLP

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By: /s/ Noah Perch-Ahern
NOAH PERCH-AHERN, pro hac vice
Attorneys for Plaintiff DIAMOND X RANCH
LLC and
Third-Party Defendant PARK LIVESTOCK
COMPANY

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IT IS SO ORDERED:

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____________________________
___________________________________
JUDGE MIRANDA DU
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
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December 20, 2017
DATED: _________________

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DIAMOND X AND PARK LIVESTOCK’S MOTION REQUEST FOR EXTENSION OF TIME
1432590