Case Information
*0 ORDER GRANTING JACKSON LEWIS P.C. Telephone: (702) 921-2460
Email: joshua.sliker@jacksonlewis.com
Email: hilary.williams@jacksonlewis.com
Attorneys for Petitioners Allegiant Travel Co.,
and Allegiant Air, LLC
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
ALLEGIANT TRAVEL COMPANY, a Nevada Case No.: 2:21-cv-01649-JAD-NJK
corporation; ALLEGIANT AIR, LLC, a Nevada limited liability company, PETITIONERS’ MOTION TO EXTEND TIME TO FILE PROOF OF SERVICE
Petitioners, vs.
(FIRST REQUEST) JASON W. KINZER, an individual,
Respondent.
Petitioners ALLEGIANT TRAVEL COMPANY and ALLEGIANT AIR, LLC (together, “Allegiant”), by and through their attorneys, the law firm of Jackson Lewis P.C., bring the instant
Motion to Extend the October 8, 2021 deadline established by the Court (ECF No. 4) for Petitioners
to file proof of service on Respondent Jason W. Kinzer of their Application to Confirm Arbitration
Award (ECF No. 1) and Motion for Leave to Redact or File Certain Documents Under Seal (ECF
No. 2). This Motion is based on the Memorandum of Points and Authorities attached hereto, the
pleadings and papers on file herein, and any oral argument the Court allows.
MEMORANDUM OF POINTS AND AUTHORITIES Petitioners filed their Application to Confirm Arbitration Award (ECF No. 1) and Motion for Leave to Redact or File Certain Documents Under Seal (ECF No. 2) with this Court on
September 8, 2021. On October 5, 2021, the Court ordered that Petitioners file proof of service of both the Application and Motion by October 8, 2021. ECF No. 4. Petitioners respectfully request
that the time to file proof of service be extended one week to October 15, 2021.
The decision to grant an extension or continuance is within the Court’s sound discretion.
F.T.C. v. Gill , 265 F.3d 944, 954-55 (9th Cir. 2001). Federal Rule of Civil Procedure 6(b)(1)
provides that when an act must be done within a specified time, the Court “may, for good cause,
extend the time . . . with or without motion or notice if the court acts, or if a request is made, before
the original time or its extension expires . . . .” The “good cause” standard “primarily considers the
diligence of the party seeking the amendment.” In re W. States Wholesale Nat. Gas Antitrust Litig. ,
715 F.3d 716, 737 (9th Cir. 2013).
Here, good cause exists for extending the deadline for Petitioners to file proof of service.
See Ahanchian v. Xenon Pictures , Inc., 624 F.3d 1253, 1259 (9th Cir. 2010) (requests for extensions
of time made before the applicable deadline has passed should generally be granted in the absence
of bad faith or prejudice to adverse party; good cause for an extension of time under Rule 6(b) is a
“non-rigorous standard” that is construed broadly). Petitioners served Douglas Desjardins, Esq.,
counsel for Respondent Jason W. Kinzer, with copies of the Application and Motion via email on
October 6, 2021. [1] Exhibit 1 (“Attachments” section). Mr. Desjardins has confirmed that he will be
accepting service of the Application and Motion on behalf of Respondent. See Exhibit 2 (“I will
have some changes to the motion—but no issue with what [Petitioners] want[].”) However, the
parties are still working to finalize the language of the acceptance of service form and expect to
complete that process early next week.
Good cause exists to enlarge the time by which a party may file a document where additional time is needed to prepare such document. See O’Connor v. U.S. I.R.S. , 698 F. Supp. 204, 205 (D.
Nev. 1988) (district court granted the plaintiffs’ motion for an extension of time to oppose a motion
for summary judgment); Germaine Music v. Universal Songs of Polygram , 275 F.Supp.2d 1288,
1301 (district court granted movant’s motion for additional time to oppose a motion for summary
judgment). That is the case here.
Petitioners make this request in good faith and not to delay these proceedings. Therefore, Good cause appearing, IT IS HEREBY ORDERED that the motion to extend time [ECF No. 5] is GRANTED.
Petitioners respectfully requests that the Court grant this Motion, and allow Petitioners until
October 15, 2021, in which to file Respondent’s acceptance of service of the Application and
Motion, or proof of service of the same.
DATED this 8 th day of October, 2021.
JACKSON LEWIS P.C.
/s/ Joshua A. Sliker Attorneys for Petitioners Allegiant Travel Co. and Allegiant Air, LLC ORDER
IT IS SO ORDERED: ____________________________________ UNITED STATES DISTRICT JUDGE October 12, 2021
[1] Mr. Desjardins’s office is located in Washington, D.C. Respondent Kinzer is believed to be a resident of California.