Risinger v. SOC LLC et al

Filing 197

ORDER granting ECF No. 192 Stipulation to Extend Deadline for Class Notice and Request to Amend Post-Class Certification Scheduling Order. Signed by Magistrate Judge Peggy A. Leen on 1/17/2018. (Copies have been distributed pursuant to the NEF - KW)

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Scott E. Gizer, Esq., Nevada Bar No. 12216
[e-mail]
EARLY SULLIVAN WRIGHT
GIZER & McRAE LLP
601 South Seventh Street, 2nd Floor
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]

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Devin A. McRae, Pro Hac Vice
[e-mail]
EARLY SULLIVAN WRIGHT
GIZER & MCRAE LLP
6420 Wilshire Boulevard, 17th Floor
Los Angeles, California 90048
Telephone: [phone]
Facsimile: [phone]
Erik C. Alberts, Pro Hac Vice
[e-mail]
LAW OFFICES OF ERIK C. ALBERTS
5900 Wilshire Boulevard, 26th Floor
Los Angeles, California 90036
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
KARL E. RISINGER, and those similarly situated

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TARA LEE (Admitted Pro Hac Vice)
KEITH H. FORST (Admitted Pro Hac Vice)
DANIEL P. MACH (Admitted Pro Hac Vice)
QUINN EMANUEL URQUHART & SULLIVAN, LLP
777 6th Street, NW, 11th Floor
Washington, DC 20001
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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E. LEIF REID, SBN 5750
KRISTEN L. MARTINI, SBN 11272
LEWIS ROCA ROTHGERBER CHRISTlE LLP
One East Liberty Street, Suite 300
Reno, NV 89501-2128
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants

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198871.1

STIPULATION TO EXTEND CLASS NOTICE DEADLINE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KARL E. RISINGER, an individual, on
behalf of himself and all others similarly
situated,

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Plaintiff,

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vs.

Case No.: 2:12-cv-00063-MMD-PAL
STIPULATION TO EXTEND
DEADLINE FOR CLASS NOTICE AND
REQUEST TO AMEND POST-CLASS
CERTIFICATION SCHEDULING
ORDER

SOC LLC, a Delaware limited liability
company registered and doing business in
Nevada as SOC NEVADA LLC; SOC-SMG,
INC., a Nevada corporation; DAY &
ZIMMERMANN, INC., a Maryland
corporation; and DOES 1-20, inclusive,
Defendants.

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198871.1

STIPULATION TO EXTEND CLASS NOTICE DEADLINE

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WHEREAS, on December 29, 2017, at the status hearing before the Court, the parties

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agreed to the form of a notice letter to be sent by mail to all class members and to continue meet

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and confer efforts to reach agreement on a plan for internet notice;

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WHEREAS, also at the December 29, 2017 hearing, the parties agreed to set a January 5,

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2018 deadline to send class notice to all class members, which was adopted by the Court (Docket

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No. 191);

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WHEREAS, following the December 29, 2017 hearing, the parties have continued their

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efforts to reach agreement on a plan for internet notice and it appears an agreement has been

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reached pending receipt of additional information from Plaintiff’s class notice administrator, Dahl

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Administration, including drafts of proposed banner ads, the full list of websites on which the

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internet notice would be posted, and the search terms that would trigger a banner ad for the class

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notice;

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WHEREAS, the parties have agreed to submit for approval from the Court their agreed

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notice plan along with supporting materials to ensure that their proposed notice plan is sufficient

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to meet the requirements of Federal Rule of Civil Procedure 23(c)(2)(B);

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WHEREAS, Dahl Administration has indicated that it will be able to provide a list of
websites and search terms by early next week;

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WHEREAS, Defendants have also discovered additional potential class members to be

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added to the class list, representing persons that were not originally assigned to be armed guards,

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but were later reclassified as armed guards, and have provided those additional individuals’

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contact information to Plaintiff;

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WHEREAS, due to the parties’ continued efforts to finalize an internet notice plan and list

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of recipients for mailing notice, and to receive approval of their notice plan from the Court, the

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parties wish to extend the deadline to provide notice to class members to allow completion of a

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joint notice plan for submission to the Court, so that notice can be provided to all class members

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at the same time and after the Court has approved the joint notice plan, and to request that the

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scheduling order be amended to reflect this new deadline;

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WHEREAS, this request for an extension on the deadline to provide class notice will not

198871.1

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impact any of the other deadlines ordered by the Court, including discovery deadlines;

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NOW THEREFORE, the parties, by and through their counsel of record, hereby stipulate
and agree to the following:

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1.

Plaintiff will submit to the Court the parties’ joint proposed notice plan on January

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10, 2018; in the event the parties cannot agree to a joint submission, Plaintiff will submit his

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proposed notice plan on January 10, 2018.

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2.

If the Court approves the notice plan, notice will be mailed two days after the

Court’s approval. The class notice will specify a 60-day opt-out period.

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3.

All other deadlines in this case remain unchanged.

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Approved as to Form and Content,
Dated: January 5, 2018

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EARLY SULLIVAN WRIGHT
GIZER & McRAE LLP

By: /s/--Scott E. Gizer
SCOTT E. GIZER
DEVIN A. MCRAE
Attorneys for Plaintiff

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Dated: January 5, 2018

QUINN EMANUEL URQUHART & SULLIVAN
LLP

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By: /s/--Tara Lee _________
TARA LEE
KEITH H. FORST
DANIEL P. MACH
Attorneys for Defendants

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IT IS SO ORDERED this 17th day
of January, 2018.

IT IS SO ORDERED.

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In association with:
E. LEIF REID
KRISTEN L. MARTINI
Attorneys for Defendants

___________________________
Peggy A. Leen
United States Magistrate Judge

198871.1

Dated this ____ day of January, 2018

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______

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HON. PEGGY A. LEEN

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198871.1

CERTIFICATE OF SERVICE

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I caused the following document(s) to be served to the persons listed below via the Court's Case
Management and Electronic Case Filing (CM/ECF) system:

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STIPULATION TO EXTEND CLASS NOTICE DEADLINE
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E. Leif Reid
[e-mail]
Kristen L. Martini
[e-mail]
LEWIS ROCA ROTHGERBER CHRISTIE LLP
50 West Liberty Street, Suite 410
Reno, NV 89501
Erik C. Alberts, Pro Hac Vice
[e-mail]
LAW OFFICES OF ERIK C. ALBERTS
5900 Wilshire Boulevard, 26th Floor
Los Angeles, California 90036
Tara Lee, Pro Hac Vice
[e-mail]
Keith H. Forst, Pro Hac Vice
[e-mail]
Daniel P. Mach, Pro Hac Vice
[e-mail]
QUINN EMANUEL URQUHART & SULLIVAN LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Scott E. Gizer, Esq., Nevada Bar No. 12216
[e-mail]
EARLY SULLIVAN WRIGHT
GIZER & McRAE LLP
601 South Seventh Street, 2nd Floor
Las Vegas, Nevada 89101
Devin A. McRae, Pro Hac Vice
[e-mail]
EARLY SULLIVAN WRIGHT
GIZER & MCRAE LLP
6420 Wilshire Boulevard, 17th Floor
Los Angeles, California 90048

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198979.1

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I declare under penalty of perjury that the foregoing is true and correct.
DATED this 5th day of January, 2018.

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/s/ D’Metria Bolden_____
D’Metria Bolden

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198979.1