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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

TARA FARRELL, et al., 

Plaintiffs, 

v. 

NEW MILLENNIUM CONCEPTS, LTD., 

Defendant. 

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C.A. No. 3:22-cv-00728-M 

DEFENDANT’S UNOPPOSED MOTION FOR 

AN EXTENSION OF TIME TO RESPOND TO THE COMPLAINT 

Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), Defendant files this Unopposed 

Motion for an Extension of Time to Respond to the Complaint. 

On March 30, 2023, the Court issued an Order granting in part and denying in part 

Defendant’s motion to dismiss the Complaint for failure to state a claim. See Dkt. 59. In relevant 

part, the Court dismissed Plaintiffs’ punitive damages claims for unjust enrichment without leave 

to amend and for all other causes of action with leave to amend. Id. at 2-3. The Court stated it 

would dismiss the remaining punitive damages claims with prejudice unless Plaintiffs amended 

the Complaint by April 20, 2023 to adequately plead a basis for them. Id. at 3. Plaintiffs did not 

amend, and Defendant’s deadline to answer the Complaint is May 4, 2023. Fed. R. Civ. P. 15(a)(3). 

Defendant requests a 14-day extension of time to answer the Complaint, or until May 18, 

2023. Good cause exists for this requested extension. The putative class action Complaint is 82 

pages long, contains 9 exhibits, and seeks to bring claims on behalf of a nationwide class for 

declaratory, injunctive, and monetary relief, as well as attorneys’ fees and costs and civil penalties. 

The three named Plaintiffs assert three California statutory claims and three common law claims 

apparently brought under the laws of all 50 states. Plaintiffs challenge statements purportedly made 

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about six different products and various product accessories. As a result, the requested 14-day 

extension will provide Defendant with adequate time to answer, and it will not unduly delay these 

proceedings. The extension is not sought for delay but so the ends of justice may be served. 

This is the first request for an extension of time for Defendant to answer the Complaint. 

Plaintiffs do not oppose the relief requested herein. 

Accordingly, Defendant respectfully requests that the Court grant this unopposed motion 

and extend Defendant’s deadline to answer until May 18, 2023. 

Dated: April 24, 2023 Respectfully Submitted, 

 /s/ Ronald W. Breaux 

Ronald W. Breaux 

Texas Bar No. 02937200 

Benjamin G. Goodman 

Texas Bar No. 24091433 

Benjamin B. Breckler 

Texas Bar No. 24121922 

HAYNES AND BOONE, LLP 

2323 Victory Avenue, Suite 700 

Dallas, Texas 75219 

214.651.5000 (phone) 

214.651.5940 (fax) 

ron.breaux@haynesboone.com 

benjamin.goodman@haynesboone.com 

benjamin.breckler@haynesboone.com 

Counsel for Defendant 

CERTIFICATE OF CONFERENCE 

I hereby certify that on April 11, 2023, counsel for the parties conferred regarding the 

foregoing motion and Plaintiffs’ counsel stated that Plaintiffs do not oppose the relief requested 

herein. 

/s/ Ronald W. Breaux 

Ronald W. Breaux 

Case 3:22-cv-00728-M Document 62 Filed 04/24/23 Page 2 of 3 PageID 884
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CERTIFICATE OF SERVICE 

 I hereby certify that on April 24, 2023, the foregoing document was served on all counsel 

of record via the Court’s electronic filing system. 

/s/ Ronald W. Breaux 

Ronald W. Breaux 

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