Spencer v. Kohl's Department Stores, Inc

Filing 94

ORDER granting 93 Stipulation; Re: 89 Motion for Judgment, Responses due by 9/24/2018. Replies due by 10/22/2018. Signed by Judge Richard F. Boulware, II on 8/27/2018. (Copies have been distributed pursuant to the NEF - JM)

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Craig K. Perry (Nev. Bar No. 03786)
[e-mail]
CRAIG K. PERRY & ASSOCIATES
8010 W. Sahara Avenue, Suite 260
Las Vegas, Nevada 89117
Tel: [phone]
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]

Abran E. Vigil (Nev. Bar No. 7548)
[e-mail]
Brianna G. Smith (Nev. Bar No. 11795)
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Kohl’s Department Stores, Inc.

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

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KIRBY SPENCER
Plaintiff,

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v.

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KOHL’S DEPARTMENT STORES, INC.,

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Defendant.

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No.: 14-cv-01646-RFB-CWH
STIPULATION AND
[PROPOSED] ORDER
FOR EXTENSION OF
BRIEFING SCHEDULE ON
DEFENDANT’S MOTION
FOR JUDGMENT ON THE
PLEADINGS OR, IN THE
ALTERNATIVE, FOR A STAY
(First Request)
Hon. Richard F. Boulware, II
Magistrate Judge Carl W. Hoffman

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

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Associates and McGuire Law, P.C., and Defendant Kohl’s Department Stores, Inc.

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(“Defendant”), by and through its attorneys Ballard Spahr LLP and Kelley Drye & Warren

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LLP, hereby stipulate and agree, pursuant to L.R. IA 6-1 and 6-2, and L.R. 7-1, and subject to

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this Court’s approval, to an extension of time to September 24, 2018 for Plaintiff to respond to

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Stipulation to Extend Briefing Schedule on
Defendant’s Mot. for Judg. on the Pleadings

Case No. 14-CV-01646-RFB-CWH

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Defendant’s Motion for Judgment on the Pleadings or, in the Alternative, for a Stay (ECF Nos.

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89, 90) (“Motion for Judgment”), and for an extension of time to October 22, 2018 for

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Defendant to file its reply in support of its Motion for Judgment.

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

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improper purpose. Plaintiff’s response to Defendant’s Motion for Judgment is currently due

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August 30, 2018 (ECF No. 89). Plaintiff seeks the additional time to properly address the issues

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raised in Defendant’s Motion, as well as due to Plaintiff’s counsel’s significant other work

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commitments and travel over the upcoming weeks, including the Labor Day holiday.

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Defendant seeks the additional time to file its reply to properly address the issues likely to be

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raised in Plaintiff’s Opposition brief. This is the first request for extension of time related to

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Defendant’s Motion for Judgment.

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WHEREFORE, Plaintiff Kirby Spencer and Defendant Kohl’s Department Stores, Inc.

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hereby stipulate and respectfully request that the Court enter an Order: (i) extending the

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deadline for Plaintiff to file his response to Defendant’s Motion for Judgment to September

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24, 2018; and (ii) extending the deadline for Defendant to file its Reply in support of the Motion

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for Judgment to October 22, 2018.

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Dated: August 24, 2018

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

Dated: August 24, 2018

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KELLEY DRYE & WARREN LLP
By: /s/ Lauri Mazzuchetti
Lauri Mazzuchetti (pro hac vice)

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Attorneys for Defendant
Kohl’s Department Stores, Inc.

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Pursuant to Stipulation, IT IS SO ORDERED.
Dated: August 27, 2018.

By:
Hon. Richard F. Boulware, II
U.S. District Court Judge

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Stipulation to Extend Briefing Schedule on
Defendant’s Mot. for Judg. on the Pleadings

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Case No. 14-CV-01646-RFB-CWH

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CERTIFICATE OF SERVICE
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I hereby certify that on August 24, 2018, I electronically filed the forgoing Stipulation
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and [Proposed] Order for Extension of Briefing Schedule on Defendant’s Motion for Judgment

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on the Pleadings or, in the Alternative, for a Stay with the Clerk of the Court using the CM/ECF
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system. Notice of this filing is sent to all counsel of record by operation of the Court’ electronic
filing system. Parties may access this filing through the Court’s system.

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/s/ Evan M. Meyers
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Stipulation to Extend Briefing Schedule on
Defendant’s Mot. for Judg. on the Pleadings

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Case No. 14-CV-01646-RFB-CWH