Spencer v. Kohl's Department Stores, Inc

Filing 86

ORDER Granting 85 Stipulation to Extend Time. Discovery Plan/Scheduling Order due by 8/16/2018. Motions due by 8/16/2018. Signed by Magistrate Judge Carl W. Hoffman on 7/30/2018. (Copies have been distributed pursuant to the NEF - ADR)

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 Attorneys for Plaintiff

Evan M. Meyers (pro hac vice)
[e-mail]
MCGUIRE LAW, P.C.
55 W. Wacker Dr., 9th Fl.
Chicago, Illinois 60601
Tel: [phone]

5 Lauri A. Mazzuchetti (pro hace vice)
6 [e-mail]
KELLEY DRYE & WARREN LLP
7 One Jefferson Road, 2nd Floor
Parsippany, New Jersey 07054
8 Tel: [phone]

9 Craig R. Anderson, Esq.
Nevada Bar No. 6882

10 MARQUIS AURBACH COFFING
10001 Park Run Drive

11 Las Vegas, Nevada 89145
Attorneys for Defendant

12 Kohl’s Department Stores, Inc.
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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

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v.

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Case No. 2:14-cv-01646-RFB-CWH

KOHL’S DEPARTMENT STORES, INC.,
Defendant.

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STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINE TO SUBMIT
AMENDED DISCOVERY PLAN AND
SCHEDULING ORDER
(First Request)

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Plaintiff Kirby Spencer (“Plaintiff”), by and through his attorneys Craig K. Perry &
Associates and McGuire Law, P.C., and Defendant Kohl’s Department Stores, Inc. (“Defendant”
or “Kohl’s”), by and through its attorneys Marquis Aurbach Coffing, P.C. and Kelley Drye &
Warren LLP, pursuant to Local Rules 6-1, 6-2 and 7-1, and Fed. R. Civ. P. 16, hereby stipulate as
follows:

Stip. To Extend Deadlines

No. 14-cv-01646-RFB-CWH

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1.

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

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2.

Pursuant to the Court’s September 30, 2015 Order, Plaintiff filed his First

3 Amended Complaint on October 13, 2015 (ECF No. 50), and Kohl’s filed its Answer to the First
4 Amended Complaint on November 13, 2015 (ECF No. 53).
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3.

On November 24, 2015, this Court issued an Amended Scheduling Order setting a

6 discovery deadline of May 3, 2016, a deadline for Plaintiff to file a motion for class certification
7 of May 27, 2016, and a deadline for Defendant to file dispositive motions 60 days after the Court’s
8 ruling on the motion for class certification. (ECF No. 55).
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4.

On March 2, 2016, by this Court’s Order on Stipulation, the discovery deadline was

10 extended until July 8, 2016, and the Plaintiff’s deadline to file a motion for class certification was
11 extended until August 2, 2016 (ECF No. 59).
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5.

On July 8, 2016, the parties filed a Joint Motion to Stay Proceedings after a Motion

13 to Transfer was filed in a different case before the Joint Panel on Multidistrict Litigation (ECF No.
14 62), which was granted by this Court on July 13, 2016, staying this action (ECF No. 63).
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6.

Following the denial of transfer to the JPML, this Court ordered that the stay be

16 lifted, and required the parties to submit a joint discovery plan and scheduling order (ECF No. 66).
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7.

On November 1, 2016, this Court issued a Scheduling Order, extending the

18 discovery deadline until April 28, 2017, and extending Plaintiff’s deadline to file a motion for
19 class certification until May 26, 2017 (ECF No. 70).
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8.

On February 6, 2017, this Court granted Kohl’s Motion to Stay pending the

21 decision of the D.C. Circuit Court of Appeals in ACA Int’l v. Fed. Commc’ns Comm., No. 15-1211
22 (D.C. Cir. 2015) (ECF No. 83).
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9.

By Text Order entered on July 12, 2018, this Court lifted the stay following the

24 D.C. Circuit’s March 2018 decision, and ordered that the parties submit a proposed discovery plan
25 and scheduling order, and that Kohl’s file a dispositive motion relating to the D.C. Circuit’s March
26 2018 decision, within two weeks, by July 26, 2018 (ECF No. 84).
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10.

The parties are presently discussing a potential resolution of this matter and require

28 additional time to do so. As such, Plaintiff and Kohl’s jointly request that this Court extend the
Stip. To Extend Deadlines

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No. 14-cv-01646-RFB-CWH

1 deadlines set forth in the Court’s July 12, 2018 Order (ECF No. 84) for a period of twenty-one
2 (21) days, until August 16, 2018. The requested extension will maximize efficiencies by
3 providing the parties with an opportunity to discuss resolution prior to expending the time and
4 resources to prepare the required filings, and prior to the Court entering deadlines that may
5 ultimately not be necessary.
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11.

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

7 other improper purpose. No trial date has yet been set in this case and no motions are currently
8 pending.
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WHEREFORE, Plaintiff Kirby Spencer and Defendant Kohl’s Department Stores, Inc.

10 hereby stipulate and respectfully request that the Court enter an Order: (i) extending the deadline
11 for the parties to file a joint discovery plan and scheduling order, and for Kohl’s to file a
12 dispositive motion relating to the D.C. Circuit’s March 2018 decision, by twenty-one (21) days,
13 until August 16, 2018.
14 Dated: July 25, 2018

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

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18 Dated: July 25, 2018

KELLEY DRYE & WARREN LLP
By: /s/ Lauri A. Mazzuchetti
Lauri A. Mazzuchetti (admitted pro hac vice)
(via email authorization)
Attorneys for Defendant
Kohl’s Department Stores, Inc.

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22 Pursuant to Stipulation, IT IS SO ORDERED.
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24 Dated: July 30, 2018
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By:
Magistrate Judge Carl W. Hoffman
United States Magistrate Judge

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Stip. To Extend Deadlines

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No. 14-cv-01646-RFB-CWH