Defendant’s Unopposed Motion to Enlarge the Deadline to File 

its Appendix in Support of its Brief in Opposition to Class Certification - Page 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

DAVID SAMBRANO, et al., individually, 

and on behalf of all others similarly 

situated, 

Plaintiffs, 

v. 

UNITED AIRLINES, INC., 

Defendant. 

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Civil Action No. 

4:21-CV-01074-P 

DEFENDANT UNITED AIRLINES, INC.’S UNOPPOSED MOTION 

TO ENLARGE THE DEADLINE TO FILE ITS APPENDIX IN 

SUPPORT OF ITS BRIEF IN OPPOSITION TO CLASS CERTIFICATION 

For good cause shown, Defendant United Airlines, Inc. (“United”) respectfully moves the 

Court to retroactively enlarge—by thirty minutes—the deadline for United to file portions of its 

Appendix in Support of Defendant’s Opposition to Plaintiffs’ Motion for Class Certification and 

Appointment of Class Counsel. Plaintiffs do not oppose this motion. 

I. LEGAL STANDARD 

 A scheduling order may be modified “for good cause and with the judge’s consent.” Fed. 

R. Civ. P. 16(b)(4); Shepherd on behalf of Estate of Shepherd v. City of Shreveport, 920 F.3d 278, 

287 (5th Cir. 2019). In determining whether there is good cause to allow an amendment to the 

scheduling order, the Court considers four factors: “(1) the explanation for the failure to timely 

move for leave to amend; (2) the importance of the amendment; (3) potential prejudice in allowing 

the amendment; and (4) the availability of a continuance to cure such prejudice.” S&W Enters., 

L.L.C. v. SouthTrust Bank of Alabama, NA, 315 F.3d 533, 536 (5th Cir. 2003). A court should 

assess these factors “holistically.” EEOC v. Service Temps, Inc., No. 3:08-CV-1552-D, 2009 WL 

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Defendant’s Unopposed Motion to Enlarge the Deadline to File 

its Appendix in Support of its Brief in Opposition to Class Certification - Page 2 

3294863, at *3 (N.D. Tex. Oct. 13, 2009) (Fitzwater, J.). “[T]he good cause inquiry focuses on the 

diligence of the party seeking to modify the scheduling order.” Id.

II. REASONS FOR AN EXTENSION 

A. United experienced technical issues while filing its Appendix in support of its 

Opposition to Plaintiffs’ Motion for Class Certification and exercised due diligence in 

remedying the issue and getting the Appendix filed. 

 The deadline for United to file its opposition to Plaintiffs’ Motion for Class Certification 

was 11:59 p.m. on Friday, February 9, 2023, as established in the Court’s December 20, 2023 

Order granting the Plaintiffs’ Consent Motion for Extension of Time. ECF No. 233. Recognizing 

the size of the Appendix United was preparing to file, counsel for United contacted the ECF Help 

Desk to confirm the size limits for documents and the procedures for filing voluminous documents 

and worked to be in compliance with ECF’s requirements. (App. 1 ¶ 4). Based on the advice from 

the ECF Help Desk, United’s efforts include compressing its files to below 35mb, communicating 

with co-counsel and transmitting documents via a file transfer protocol (“FTP”) rather than email, 

and beginning the filing process well in advance of the midnight deadline. (App. 1-2 ¶¶ 5–9; App. 4 

¶¶ 3–4). 

 United was able to file its Opposition to Plaintiff’s Motion for Class Certification and 

Appointment of Class Counsel, as well as the first five volumes of its Appendix in Support at 

10:58 p.m. on February 9. (App. 4 ¶ 3). At 11:49 p.m., Kelly Hart received the final, compressed 

volumes of the Appendix and promptly began filing those documents. (App. 4 ¶ 4). The ECF 

system responded that several volumes exceeded the size limits of the system, rejecting those 

volumes. Id. Kelly Hart proceeded with the filing of volumes 6 and 12, while Jones Day attorneys 

worked diligently to further reduce the size of the remaining volumes—splitting the volumes to 

smaller files, recompressing them, and getting them ready for filing. (App. 2 ¶ 10; App. 4 ¶ 4). At 

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Defendant’s Unopposed Motion to Enlarge the Deadline to File 

its Appendix in Support of its Brief in Opposition to Class Certification - Page 3 

12:14 a.m. on February 10, Kelly Hart received the modified volumes and began the filing process. 

(App. 4-5 ¶ 5). The filing was completed and fully submitted at 12:26 a.m. Id. 

B. The standard factors support extending the deadline for United to file its Appendix. 

 When considering the four factors — (1) the explanation for the failure to timely move for 

leave to amend; (2) the importance of the amendment; (3) potential prejudice in allowing the 

amendment; and (4) the availability of a continuance to cure such prejudice — an enlargement of 

United’s deadline to file its Appendix is appropriate. First, United’s motion is being filed as early 

as possible and United’s explanation—that the short delay in filing was the result of a technical 

file compression problem—is valid and reasonable. Second, amendment of the schedule 

established by the Court will serve the purpose of giving the Court a complete record on which to 

base its class certification decision. Third, Plaintiffs will not be prejudiced by an extension. The 

delay in filing was only thirty minutes, and Plaintiffs have access to United’s complete brief and 

appendix in preparing their reply brief. Fourth, a continuance is available and the appropriate 

remedy in this instance as the appendix volumes have already been filed and United is not seeking 

any further extension beyond the thirty additional minutes it took for United to remedy its technical 

issues. 

IV. CONCLUSION 

 For the reasons stated above, United respectfully requests that the Court grant its Defendant 

United Airlines, Inc.’s Unopposed Motion to Extend the Deadline to File its Appendix in Support 

of its Brief in Opposition to Class Certification. 

 

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Defendant’s Unopposed Motion to Enlarge the Deadline to File 

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 Respectfully submitted, 

 /s/ Russell D. Cawyer 

Russell D. Cawyer 

Texas State Bar No. 00793482 

Taylor J. Winn 

Texas State Bar No. 24115960 

KELLY HART & HALLMAN LLP 

201 Main Street, Suite 2500 

Fort Worth, TX 76102 

Telephone: +1.817.878.3562 

Facsimile: +1.817.335.2820 

Email: russell.cawyer@kellyhart.com 

Email: taylor.winn@kellyhart.com 

Donald J. Munro 

D.C. Bar No. 453600 

JONES DAY 

51 Louisiana Avenue, NW 

Washington, D.C. 20001 

Telephone: +1.202.879.3939 

Facsimile: +1.202.626-1700 

Email: dmunro@jonesday.com 

Jordan M. Matthews 

IL Bar No. 6300503 

JONES DAY 

110 North Wacker Drive, Suite 4800 

Chicago, IL 60606 

Telephone: +1.312.782.3939 

Facsimile: +1.312.782.8585 

Email: jmatthews@jonesday.com 

ATTORNEYS FOR DEFENDANT 

UNITED AIRLINES, INC. 

 

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Defendant’s Unopposed Motion to Enlarge the Deadline to File 

its Appendix in Support of its Brief in Opposition to Class Certification - Page 5 

CERTIFICATE OF CONFERENCE 

On February 10, 2024, counsel for United conferred with Brian Field, counsel for the 

Plaintiffs, concerning the relief requested in this Motion. Mr. Field stated by email that the 

Plaintiffs were not opposed to the relief requested herein. 

 /s/ Don Munro 

 Donald J. Munro 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing document was served via email to all counsel of record this 12th day of February, 2024: 

John C. Sullivan 

Austin R. Nimocks 

SL LAW, PLLC 

610 Uptown Blvd., Ste. 2000 

Cedar Hill, Texas 75104 

john.sullivan@the-sl-lawfirm.com 

austin.nimocks@the-sl-lawfirm.com 

Mark R. Paoletta 

Gene C. Schaerr 

Brian J. Field 

Cristina Martinez Squiers 

Kenneth A. Klukowski 

Joshua J. Prince 

Annika M. Barkdull 

SCHAERR JAFFE, LLP 

1717 K Street NW, Ste. 900 

Washington, D.C. 20006 

mpaoletta@schaerr-jaffe.com 

gschaerr@schaerr-jaffe.com 

bfield@schaerr-jaffe.com 

csquiers@schaerr-jaffe.com 

kklukowski@schaerr-jaffe.com 

jprince@schaerr-jaffe.com 

abarkdull@schaerr-jaffe.com 

 /s/ Russell D. Cawyer 

 Russell D. Cawyer 

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