Allegiant Travel Company v. Kinzer
2:21-cv-01649
D. Nev.Oct 12, 2021Background
- Petitioners Allegiant Travel Company and Allegiant Air, LLC filed an Application to Confirm Arbitration Award (ECF No. 1) and a Motion to Seal/Redact (ECF No. 2) on September 8, 2021.
- The Court ordered Petitioners to file proof of service of those filings by October 8, 2021 (ECF No. 4).
- Petitioners served Respondent Kinzer’s counsel, Douglas Desjardins, Esq., by email on October 6, 2021; Desjardins agreed to accept service on behalf of Kinzer.
- Parties were finalizing the acceptance-of-service language and expected to complete it the following week, so Petitioners requested a one-week extension to October 15, 2021 to file proof of service.
- Petitioners relied on Federal Rule of Civil Procedure 6(b) and Ninth Circuit guidance on the good-cause standard and diligence in support of their request.
- The Court granted the motion to extend time and ordered that Petitioners may file acceptance of service or proof of service by October 15, 2021; order dated October 12, 2021.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court should extend the deadline to file proof of service under Fed. R. Civ. P. 6(b) | Allegiant: Served opposing counsel before the deadline; counsel agreed to accept service; need brief additional time to finalize acceptance form | Desjardins/Kinzer: No opposition indicated; counsel agreed to accept service (no prejudice asserted) | Court granted a one-week extension to October 15, 2021 |
| Whether Petitioners demonstrated good cause and diligence to justify the extension | Allegiant: Acted before the deadline, communicated with counsel, and sought only a brief, non-prejudicial extension | Desjardins/Kinzer: Did not assert bad faith or prejudice | Court found good cause and diligence under Ninth Circuit precedent and Rule 6(b) and granted the extension |
Key Cases Cited
- F.T.C. v. Gill, 265 F.3d 944 (9th Cir. 2001) (district court has discretion to grant extensions or continuances)
- In re W. States Wholesale Nat. Gas Antitrust Litig., 715 F.3d 716 (9th Cir. 2013) (good-cause inquiry focuses on the party’s diligence)
- Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253 (9th Cir. 2010) (requests made before a deadline should generally be granted absent bad faith or prejudice; Rule 6(b) is broadly construed)
- O’Connor v. U.S. I.R.S., 698 F. Supp. 204 (D. Nev. 1988) (granting extension where additional time was needed to prepare a response)
- Germaine Music v. Universal Songs of Polygram, 275 F. Supp. 2d 1288 (D. Nev.) (granting additional time to oppose dispositive motions)