McMullen v. Hunter Warfield of New England, Inc.

Filing 54

ORDER granting 53 Stipulation; Re: 51 Motion, Responses due by 12/22/2017. Signed by Magistrate Judge Carl W. Hoffman on 11/22/2017. (Copies have been distributed pursuant to the NEF - JM)

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ALVERSON, TAYLOR,
MORTENSEN & SANDERS
Nevada Bar No. 13779
7401 W. Charleston Blvd.
Las Vegas, Nevada 89117-1401
T: [phone]
F: [phone]
[e-mail]

GESUND & PAILET, LLC
KEREN E. GESUND, ESQ.
Nevada Bar No. 10881
5550 Painted Mirage Rd.
Suite 320
Las Vegas, NV 89149
Tel: [phone]
Fax: [phone]
[e-mail]

CARLSON & MESSER LLP
David J. Kaminski (CA SBN: 128509)
Appearing Pro Hac Vice
[e-mail]
Tamar Gabriel (CA SBN: 266860)
Appearing Pro Hac Vice
[e-mail]
5901 W. Century Blvd., Suite 1200
Los Angeles, California 90045
Tel: [phone]
Fax: [phone]

HORWITZ, HORWITZ &
ASSOCIATES
O. Randolph Bragg
25 East Washington Street, Suite 900
Chicago, IL 60602
[phone]
[e-mail]
Attorneys for Plaintiff

Attorneys for Defendant,
HUNTER WARFIELD
OF NEW ENGLAND, INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JUSTINE MCMULLEN, an individual, on
behalf of herself and those similarly situated;

Case No.: 2:16-cv-01646

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Plaintiffs,
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vs.
HUNTER WARFIELD OF NEW ENGLAND,
INC., a Florida corporation,

STIPULATION TO EXTEND TIME
FOR DEFENDANT TO FILE
OPPOSITION TO PLAINTIFF’S
MOTION FOR ATTORNEY FEES
[DKT. NO. 51]

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Defendant.
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TO THIS HONORABLE COURT:
Plaintiff, JUSTINE MCMULLEN (“Plaintiff”) and Defendant, HUNTER WARFIELD OF
NEW ENGLAND, INC. (“Defendant”), by and through undersigned counsel, hereby stipulate and

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{00079070;1}

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agree as follows:

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WHEREAS, on October 11, 2017, Plaintiff filed a Motion for An Award of Attorney Fees
and Costs (Dkt. No. 51) (hereinafter “Motion”);
WHEREAS, due to an inadvertent calendaring error, Defendant did not file a timely
Opposition to Plaintiff’s Motion on October 25, 2017 yet had every intention to file an Opposition
but for its unusual calendaring oversight. See e.g. Pincay v. Andrews (9th Cir. 2004) 389 F.3d 853
(Ninth Circuit Court of Appeals holding that district court may find “excusable” delay for untimely
filing of notice of appeal due to failure of law firm’s calendaring system when it was caught quickly

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and hurt no one, and therefore court did not abuse its discretion in granting extension of time to file
a notice of appeal).
WHEREAS, the parties have met and conferred and agree to provide Defendant an
extension of time through December 22, 2017 to file an Opposition to Plaintiff’s Motion.
WHEREAS, this request is not made for any improper purpose or delay;

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WHEREAS, the parties further agree that the granting of this request will not cause any
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prejudice to them because the Hearing on Plaintiff’s Motion for Attorney’s Fees and Costs is not
scheduled to be heard until over three (3) months from today, on February 23, 2018, giving Plaintiff
ample time to Reply to Defendant’s Opposition.
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NOW THEREFORE, the parties respectfully request that this Court issue an order granting

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Defendant an extension through December 22, 2017, to file its Opposition to Plaintiff’s Motion for

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an Award of Attorneys’ Fees and Costs, currently set for hearing on February, 23, 2018 at 9:00

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a.m.

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IT IS SO STIPULATED.

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Respectfully submitted,

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Plaintiff:

Defendant:

DATED this 21st day of November, 2017
GESUND & PAILET, LLC

DATED this 21st day of November, 2017
CARLSON & MESSER LLP

By: /s/ Keren E. Gesund, Esq.
KEREN E. GESUND, ESQ.
Nevada Bar No. 10881
5550 Painted Mirage Rd.
Suite 320
Las Vegas, NV 89149
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff

By: /s/ Tamar Gabriel, Esq.
TAMAR GABRIEL, ESQ.
Appearing Pro Hac Vice
California Bar No. 266860
5959 W. Century Blvd., Suite 1214
Los Angeles, CA 90045
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Defendant

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IT IS SO ORDERED:

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11/22/17
______________________________
Hon. Jennifer A. Dorsey
UNITED STATES DISTRICT JUDGE

DATED:_________________

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{00079070;1}

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