Spencer v. Kohl's Department Stores, Inc

Filing 119

ORDER Granting 118 Stipulation for Extension of Time re 115 Order (Third Request). Signed by Magistrate Judge Daniel J. Albregts on 10/8/2019. (Copies have been distributed pursuant to the NEF - MR)

1 Craig K. Perry (NV Bar No. 03786)
[e-mail]
2 CRAIG K. PERRY & ASSOCIATES
8010 W. Sahara Avenue, Suite 260
3 Las Vegas, Nevada 89117
Tel: [phone]
4
5 Attorneys for Plaintiff
6 Lauri A. Mazzuchetti (pro hac vice)
[e-mail]
7 KELLEY DRYE & WARREN LLP
One Jefferson Road, 2nd Floor
8 Parsippany, New Jersey 07054
9 Tel: [phone]

Evan M. Meyers (pro hac vice)
[e-mail]
Eugene Y. Turin (pro hac vice)
[e-mail]
MCGUIRE LAW, P.C.
55 W. Wacker Dr., 9th Fl.
Chicago, Illinois 60601
Tel: [phone]
Abran E. Vigil
Brianna Smith
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Tel: [phone]

10 Attorneys for Defendant
11 Kohl’s Department Stores, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

12
13

KIRBY SPENCER, individually and
14 on behalf of all others similarly
15 situated,
16

Plaintiff,

17

v.

18 KOHL’S DEPARTMENT STORES,
19 INC.,
20

Case No. 2:14-cv-01646-RFB-DJA
JOINT STATUS REPORT AND
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINES
FINAL REQUEST

Defendant.

21

Plaintiff Kirby Spencer (“Plaintiff”), by and through his attorneys Craig K.

22

Perry & Associates and McGuire Law, P.C., and Defendant Kohl’s Department

23

Stores, Inc. (“Kohl’s”), by and through its attorneys Ballard Spahr, LLP and Kelley

24
25
26
27
28

Drye & Warren LLP, pursuant to this Court’s August 28, 2019 Order granting the
Parties’ Stipulation to Amend Scheduling Order and Extend Deadlines (ECF No.
115), and pursuant to Local Rules 6-1, 6-2, 7-1, and 26-4, and Fed. R. Civ. P. 16,
hereby submit this joint status report and stipulation to extend deadlines:

Case 2:14-cv-01646-RFB-DJA Document 118 Filed 10/03/19 Page 2 of 4

1

1.

Plaintiff commenced this action on October 7, 2014. (ECF No. 1).

2

2.

Following two stays of this matter (ECF Nos. 63, 83, 84), on July 12,

3 2018, this Court entered an Order ordering the Parties to submit a proposed
4 discovery plan and scheduling order and for Kohl’s to file a dispositive motion
5 relating to the D.C. Circuit’s decision in ACA Int’l v. Fed. Commc’ns Comm., No.
6 15-1211 (D.C. Cir. 2015) by July 26, 2018 (ECF No. 84), a deadline that was
7 extended to August 16, 2018, pursuant to stipulation by the Parties (ECF No. 86).
8

3.

On March 13, 2019, the Court denied Kohl’s pending motion for

9 judgment on the pleadings following the D.C. Circuit’s decision in ACA Int’l, or in
10 the alternative, for a stay (ECF No. 104).
11

4.

On April 1, 2019, the Court entered the Parties’ proposed Joint

12 Discovery Plan and Amended Scheduling Order (ECF No. 106), setting a discovery
13 cutoff of June 27, 2019, with Plaintiff’s motion for class certification due on
14 October 8, 2019, and any dispositive motions due no later than 60 days after the
15 Court’s ruling on the motion for class certification.
16

5.

On July 3, 2019, the Court entered the Parties’ first Stipulation to

17 Amend Scheduling Order and Extend Deadlines, extending the fact discovery cutoff
18 until August 27, 2019 (ECF No. 112).
19

6.

On August 28, 2019, the Court entered the Parties’ second Stipulation

20 to Amend Scheduling Order and Extend Deadlines, extending the fact discovery
21 cutoff until September 24, 2019, with the Parties to file a Joint Status Report by
22 October 1, 2019 (ECF No. 115).
23

7.

Since the Court’s entry of the Parties’ second stipulation, the Parties

24 have jointly stayed efforts to resolve the remaining discovery disputes, as they have
25 continued their settlement negotiations. The Parties submit that, while they have
26 successfully narrowed down the remaining issues, they require further time to
27 finalize their settlement discussions.
28

8.

Accordingly, Counsel for Plaintiff and for Defendant have met and
2

Case 2:14-cv-01646-RFB-DJA Document 118 Filed 10/03/19 Page 3 of 4

1 conferred and respectfully request that the Court grant a final continuance of the
2 deadline to complete merits discovery until December 6, 2019, with the Parties to
3 complete all expert discovery by January 30, 2020, and Plaintiff to file his motion
4 for class certification by February 20, 2020.
5

9.

This Stipulation is made in good faith and not for the purpose of delay

6 or for any other improper purpose. No trial date has yet been set in this case and no
7 motions are currently pending.
8

WHEREFORE, Plaintiff Kirby Spencer and Defendant Kohl’s Department

9 Stores, Inc. hereby stipulate and respectfully request that the Court enter an Order
10 extending the fact discovery cut-off until December 6, 2019, setting January 30,
11 2020 as the deadline to complete expert discovery, and February 20, 2020 as the
12 deadline for Plaintiff’s motion for class certification.
13

17

Respectfully submitted,
MCGUIRE LAW, P.C.
By: /s/ Evan M. Meyers
Evan M. Meyers (admitted pro hac vice)
Attorneys for Plaintiff Kirby Spencer

18 Dated: October 3, 2019

KELLEY DRYE & WARREN LLP

19

By: /s/ Lauri A. Mazzuchetti
Lauri A. Mazzuchetti (admitted pro hac vice)

14

Dated: October 3, 2019

15
16

20
21

Attorneys for Defendant
Kohl’s Department Stores, Inc.

22
23
24

IT IS SO ORDERED.

25

____________________________________
UNITED STATES MAGISTRATE JUDGE

26
27

October 8, 2019
DATED:_____________________________

28
3

Case 2:14-cv-01646-RFB-DJA Document 118 Filed 10/03/19 Page 4 of 4

1
2

CERTIFICATE OF SERVICE
I hereby certify that on October 3, 2019, I electronically filed the foregoing

3 Joint Status Report and Stipulation and [Proposed] Order to Extend Deadlines with
4 the Clerk of the Court using the CM/ECF system. Notice of this filing is sent to all
5 counsel of record by operation of the Court’ electronic filing system. Parties may
6 access this filing through the Court’s system.
7
8
9

/s/ Evan M. Meyers

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4