Lologo et al v. Wal-Mart Stores, Inc.

Filing 103

ORDER Granting 102 Stipulation to Extend Plaintiffs' Deadlines. Responses to 91 Motion to Exclude Expert Witnesses, 92 Motion for Summary Judgment and 93 Motion in Limine due by 6/17/2016. Signed by Chief Judge Gloria M. Navarro on 6/20/2016. (Copies have been distributed pursuant to the NEF - DL)

Case 2:13-cv-01493-GMN-PAL Document 102 Filed 06/20/16 Page 1 of 5

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ERIC R. BLANK, ESQ.
Nevada Bar No. 006910
SCOTT E. PHILIPPUS, ESQ.
Nevada Bar No. 013223
WILLIAM B. PALMER, II, ESQ., OF COUNSEL
Nevada Bar No. 001803
LAW OFFICES OF ERIC R. BLANK, P.C.
7860 W. Sahara Avenue, Suite 110
Las Vegas, NV 89117
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorney for Plaintiffs

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UNITED STATE DISTRICT COURT

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DISTRICT OF NEVADA

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ROBBIN L. LOLOGO, an individual; and
VINCENT J. LOLOGO, an individual,

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Plaintiffs,

WAL-MART STORES, INC., a Delaware
corporation d/b/a WAL-MART SUPERCENTER
STORE #1834; and DOES I – X, inclusive, and ROE
CORPORATIONS I through X, inclusive,

STIPULATION AND ORDER TO
EXTEND PLAINTIFFS’ DEADLINES TO
RESPOND TO DEFENDANT/CROSSDEFENDANT ADVANTAGE SALES &
MARKETING LLC’S MOTIONS AND
DEFENDANT/CROSS-CLAIMANT/
COUNTER DEFENDANT WAL-MART
STORES, INC.’S JOINDERS THEREIN

Defendants.
_______________________________________

[FIRST REQUEST]

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v.

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WAL-MART STORES, INC., a Delaware
corporation d/b/a WAL-MART SUPERCENTER
STORE #1834,

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Cross-Claimant/Counter Defendant,
v.

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Case No. 2:13-cv-01493-GMN-PAL

ADVANTAGE SALES & MARKETING LLC, a
foreign corporation; ROE CORPORATIONS I
through XX; and DOES 1 through XX, inclusive,
Cross-Defendants.

Case 2:13-cv-01493-GMN-PAL Document 102 Filed 06/20/16 Page 2 of 5

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ROBBIN L. LOLOGO, an individual; and
VINCENT J. LOLOGO, an individual,

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Plaintiffs,
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v.
ADVANTAGE SALES & MARKETING LLC, a
foreign corporation; ROE CORPORATIONS I
through XX; and DOES I through XX, inclusive,

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Defendants.
STIPULATION AND ORDER TO EXTEND PLAINTIFFS’ DEADLINES TO RESPOND TO
DEFENDANT/CROSS-DEFENDANT ADVANTAGE SALES & MARKETING LLC’S
MOTIONS AND DEFENDANT/CROSS-CLAIMANT/ COUNTER DEFENDANT WAL-MART
STORES, INC.’S JOINDERS THEREIN

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The parties hereby represent that a description of certain Motions filed by ADVANTAGE

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SALES & MARKETING LLC (ASM), the dates of the filings of said Motions, the Federal Court

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Docket filing number of said Motions, and the original dates for filing Responses to said Motions are

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set forth in the chart below;

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The parties hereby represent that WAL-MART STORES, INC. (Wal-Mart), has filed Joinders
in relation to the said Motions; and

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The parties hereby stipulate that Plaintiffs shall have up through and including the Stipulated

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Extended Response Dates set forth below in which to file Responses to said Motions and Joinders as

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follows:

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Motion Description

File Date

ECF
No.

Original
Response
Date

Stipulated
Extended
Response
Date

Motion for Sanctions re Discovery Motion to
Exclude Ps’ Medical Expert Witnesses

05/17/16

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06/03/16

06/17/16

Motion for Summary Judgment

05/17/16

92

06/10/16

06/17/16

Motion in Limine to Preclude Testimony of
Alex Balian

05/20/16

93

06/06/16

06/17/16

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Case 2:13-cv-01493-GMN-PAL Document 102 Filed 06/20/16 Page 3 of 5

Lologo V. Wal-Mart Stores, Inc., et al.
Case No. 2:13-cv-01493-GMN-PAL

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REASONS FOR PLAINTIFF’S EXTENSIONS

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The undersigned attorney for Plaintiffs’ represents that the reasons the Plaintiffs require
extensions to file the Responses to said Motions are as follows:

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1.

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Plaintiffs’ attorney was out of town during some of the time that Plaintiffs’ counsel
would otherwise have had to devote to preparing the Responses to the said Motions;

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2.

Plaintiffs’ attorney’s calendar has been full of other pressing cases with deadlines that

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have conflicted with and hampered the ability of Plaintiffs attorney to finalize the

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Responses to said Motions; and

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3.

Plaintiffs’ attorney and the attorney for ASM have been engaged in settlement

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negotiations that have required some of the time that Plaintiffs’ counsel would otherwise

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have had to devote to preparing the Responses to the said Motions;
4.

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The requested extensions are made in good faith and not for the purposes of delay, but

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rather, for the purposes of making sure that all Responses to the said Motions are well

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prepared and legally sufficient on the merits.

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Case 2:13-cv-01493-GMN-PAL Document 102 Filed 06/20/16 Page 4 of 5

Lologo V. Wal-Mart Stores, Inc., et al.
Case No. 2:13-cv-01493-GMN-PAL

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PROPOSED NEW DEADLINES
NOW THEREFORE Plaintiffs’ shall have up to and including June 17, 2016 to Respond to the

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Motion for Sanctions re Discovery Motion to Exclude Ps’ Medical Expert Witnesses, Motion for

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Summary Judgment, and Motion in Limine to Preclude Testimony of Alex Balian filed by ASM and

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the Joinders thereto filed by Wal-Mart.

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DATED this _____ day of __________, 2016.
20th
June

DATED this _____ day of __________, 2016.
20th
June

LAW OFFICES OF ERIC R. BLANK, P.C.

PHILLIPS, SPALLAS & ANGSTADT LLC

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By:__________________________________
By:__________________________________
/s/ William B. Palmer, II
/s/ Melanie L. Thomas
ERIC R. BLANK, ESQ.
MELANIE L. THOMAS, ESQ.
Nevada Bar No. 006910
Nevada Bar No. 009800
WILLIAM B. PALMER, II, ESQ.,
504 South Ninth Street
OF COUNSEL
Las Vegas, Nevada 89101
Nevada Bar No. 001803
Telephone: [phone]
7860 W. Sahara Avenue, Suite 110
Facsimile: [phone]
Las Vegas, Nevada 89117
Attorney for Defendant, Wal-Mart Stores, Inc.
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs, Robbin L. Lologo and
Vincent J. Lologo

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20th
June
DATED this _____ day of __________, 2016.

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MURCHISON & CUMMING, LLP

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/s/ Michael J. Nunez
By:__________________________________
MICHAEL J. NUNEZ, ESQ.
Nevada Bar No. 010703
IAN M. MCMENEMY, ESQ.
Nevada Bar No. 013190
IT IS SO ORDERED.
6900 Westcliff Drive, Suite 605
Las Vegas, NV 89145
June
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DATED this ______ day of ___________, 2016.
Attorneys for Advantage Sales &
Marketing, LLC

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_____________________________________________
UNITED STATES DISTRICT JUDGE