PLAINTIFFS' EX PARTE MOTION FOR EXTENSION OF TIME TO FILE A CONSOLIDATED AMENDED COMPLAINT

PEGGY A. LEEN, Magistrate Judge.

Plaintiffs Frank Holt and Norman Hart ("Plaintiffs"), by and through their counsel, hereby move the Court for an order pursuant to Local Rules 6-1 and 6-2 extending the time allotted by Stipulation and Order dated November 15, 2010, to file Plaintiffs' consolidated amended complaint which is presently due on December 15, 2010. See Stipulation and Order dated November 15, 2010, attached hereto as Exhibit A. No previous requests for an extension have been made by Plaintiffs.

On or about September 3, 2010 and September 17, 2010, respectively, Plaintiffs filed shareholder derivative actions on behalf of nominal defendant Smith & Wesson Holding Corp. ("Smith & Wesson" or the "Company") in the District Court, Clark County, Nevada against certain officers and directors of the Company. By Stipulation and Order entered November 15, 2010, the parties to the shareholder derivative actions agreed to consolidate the actions and set a schedule for the filing of a consolidated amended complaint and defendants' response thereto. Shortly thereafter, on November 23, 2010, defendants filed a notice of removal based upon diversity jurisdiction pursuant to 28 U.S.C. §§ 1332 and 1441.

Plaintiffs contend that such removal was improper and intend to seek remand to state court, As defendants have indicated they will not stipulate to remand, Plaintiffs intend to file a motion for remand within the thirty (30) day statutory time period and no later than December 22, 2010, which motion defendants will not oppose. Meanwhile, Plaintiffs' deadline to file a consolidated amended complaint is December 15, 2010.

Plaintiffs submit that they have good cause to seek an extension of time to file their consolidated amended complaint in light of defendants' unexpected removal, the procedural and jurisdictional implications of such removal on Plaintiffs' filing of an amended complaint, the burdensome schedule of Plaintiffs' counsel during the month of December, and counsel's diligence in seeking this extension.

Accordingly, Plaintiffs request that the Court extend Plaintiffs' time to file a consolidated amended complaint from December 15, 2010, to fourteen (14) days following the Court's ruling on Plaintiffs' anticipated remand motion, which motion will be filed on or before December 22, 2010.

Pursuant to Local Rule 7-4, Plaintiffs' counsel conferred with counsel for defendants to resolve this motion by consent, but no agreement could be reached.

IT IS SO ORDERED.