USAA General Indemnity Company v. LG Electronics USA Inc et al

Filing 12

ORDER granting Defendant's #8 MOTION for Extension of Time to File Answer to Plaintiff's Complaint. Defendant shall file its answer no later than 12/12/2022. Signed by U.S. District Judge David G Estudillo.(MW)

Case 3:22-cv-05854-DGE Document 12 Filed 11/17/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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USAA GENERAL INDEMNITY
COMPANY,

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v.

Plaintiff,

LG ELECTRONICS USA INC et al.,

CASE NO. 3:22-cv-05854-DGE
ORDER GRANTING
DEFENDANT’S MOTION TO
EXTEND TIME TO ANSWER
PLAINTIFF’S COMPLAINT

Defendants.

Before the Court is Defendant LG Electronics USA, Inc.’s unopposed Motion for
Extension of Time to File Answer to Plaintiff’s Complaint. (Dkt. No. 8). Plaintiff filed its
Complaint in Clark County Superior Court on August 12, 2022 and effectuated service on
Defendant on October 5, 2022. Defendant removed to this Court on November 3, 2022.
Under Federal Rule of Civil Procedure 81(c)(2):
After removal, . . . [a] defendant who did not answer before removal must answer
or present other defenses or objections under these rules within the longest of
these periods:
(A) 21 days after receiving--through service or otherwise--a copy of the
initial pleading stating the claim for relief;
ORDER GRANTING DEFENDANT’S MOTION TO EXTEND TIME TO ANSWER PLAINTIFF’S
COMPLAINT - 1

Case 3:22-cv-05854-DGE Document 12 Filed 11/17/22 Page 2 of 2

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(B) 21 days after being served with the summons for an initial pleading on
file at the time of service; or

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(C) 7 days after the notice of removal is filed.

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Fed. R. Civ. P. 81(c)(2).
In this case, Federal Rule of Civil Procedure 81(c)(2)(C) applies. Accordingly,

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Defendant’s answer was due November 10, 2022. Defendant moved for an additional 30 days to

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finalize its answer and “to explore [with Plaintiff] whether early resolution is viable for this

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matter.” (Dkt. No. 8 at 1.) The Court “may, for good cause, extend the time . . . if a request is

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made, before the original time . . . expires[.]” Fed. R. Civ. P. 6(b)(1)(A). The Court finds good

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cause to allow Defendant an extension to pursue early resolution with Plaintiff. Accordingly,

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Defendant’s Motion for an Extension (Dkt. No. 8) is GRANTED. Defendant shall file its answer

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no later than December 12, 2022.

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Dated this 17th day of November 2022.

A

David G. Estudillo
United States District Judge

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ORDER GRANTING DEFENDANT’S MOTION TO EXTEND TIME TO ANSWER PLAINTIFF’S
COMPLAINT - 2