Butensky v. FedEx Corporation

Filing 72

ORDER Granting 70 Stipulation to Continue Trial. Calendar Call reset for 4/29/2020 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial reset for 5/4/2020 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 1/30/2020. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6
7
8
9
10

Craig E. Lindberg, Esq. (CA SBN 150778)
(Admitted Pro Hac Vice)
FEDERAL EXPRESS CORPORATION
2601 Main Street, Suite 340
Irvine, California 92614
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Gregory H. King, Esq.
KING & DURHAM PLLC
6385 South Rainbow Blvd., Suite 220
Las Vegas, Nevada 89118
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Defendant, FEDERAL EXPRESS
CORPORATION

11

UNITED STATES DISTRICT COURT

12

FOR THE DISTRICT OF NEVADA

13
14

WENDY BUTENSKY, an individual,

15
v.

16
17

Plaintiff,

FEDERAL EXPRESS CORPORATION, a
Delaware corporation,

18

Defendant.

19
20

Case No. 2:16-cv-01718-JCM-VCF
JOINT STIPULATION TO CONTINUE THE
TRIAL AND ALL TRIAL RELATED DATES;
AND [PROPOSED] ORDER THEREON
[FIRST REQUEST FOR EXTENSION]
Complaint Filed:
Calendar Call:
Trial Date:

July 20, 2016
March 4, 2020
March 9, 2020

21
22

Pursuant to Local Rules IA 6-2, 7-1, and 26-4, the parties, by and through their respective

23

counsel of record, hereby stipulate and request that this Court continue the trial and all trial related

24

dates for approximately 45 days so the parties can attend mediation and attempt to resolve this case

25

before having to incur additional attorney’s fees and costs preparing pre-trial papers such as

26

motions in limine. In support of this Joint Stipulation and Request, the parties agree and stipulate

27

as follows:

28

///

FEDERAL EXPRESS
CORPORATION
2601 MAIN STREET
SUITE 340
IRVINE, CA 92614

1389769 (60-15939)
1
Case No. 2:16-cv-01718-JCM-VCF
JOINT STIPULATION TO CONTINUE THE TRIAL AND ALL TRIAL RELATED DATES
FOR APPROXIMATELY 45 DAYS; AND [PROPOSED] ORDER THEREON

1

1.

The trial is currently scheduled to begin March 9, 2020;

2

2.

Motions in limine are presently due February 7, 2020;

3

3.

The parties are attending an all-day Mediation before the Honorable Bill Hoffman

4

(Ret.) at JAMS on February 4, 2020;
4.

5

If the case does not settle, FedEx is deposing Plaintiff the next day, February 5,

6

2020, for no more than three hours regarding her alleged damages and efforts to mitigate her

7

damages;

8

5.

9

The deposition transcript, if necessary, will not be available for at least two weeks,

just days before the trial is set to begin;
6.

10

The week of March 9, 2020 poses a problem to FedEx due to the press of business

11

that week because of various conventions in Las Vegas. Having several FedEx employees miss

12

work to prepare to testify at trial and testify at trial would pose an undue hardship and disruption of

13

FedEx’s business;

14

7.

Moreover, the parties would rather not incur additional attorney’s fees and costs to

15

prepare and file various pre-trial papers (motions in limine, etc.) before attending Mediation on

16

February 4, 2020, because such attorney’s fees and costs could be used toward resolving the case;
8.

17

Continuing the trial and all trial related dates for approximately 45 days, until the

18

last week of April or the first week of May 2020, will not prejudice the parties or their counsel and

19

should not unduly inconvenience the Court;
9.

20
21

Continuing the trial and all trial related dates will give the parties the best chance to

resolve this case before trial;
10.

22

The parties agree and have stipulated, by and through their respective counsel of

23

record, that for the reasons set forth above, the trial and all trial related dates should be continued

24

for approximately 45 days, and the trial be continued to the last week of April (April 27, 2020), or

25

the first week of May (May 4, 2020); and

26

///

27

///

28

///

FEDERAL EXPRESS
CORPORATION
2601 MAIN STREET
SUITE 340
IRVINE, CA 92614

1389769 (60-15939)
2
Case No. 2:16-cv-01718-JCM-VCF
JOINT STIPULATION TO CONTINUE THE TRIAL AND ALL TRIAL RELATED DATES
FOR APPROXIMATELY 45 DAYS; AND [PROPOSED] ORDER THEREON

1

11.

The parties believe good cause exists, and the interests of justice will be served, if

2

the trial and all trial related dates are continued for approximately 45 days, to the last week of

3

April or the first week of May 2020.

4
5
6

IT IS SO STIPULATED
DATED: January 23, 2020

FEDERAL EXPRESS CORPORATION

7
By: _/s/ Craig E. Lindberg_______________________
Craig E. Lindberg
California Bar No. 150778 (Admitted Pro Hac Vice)
FEDERAL EXPRESS CORPORATION
2601 Main Street, Suite 340
Irvine, CA 92614

8
9
10
11

Attorneys for Defendant Federal Express Corporation

12
13

DATED: January 23, 2020

FERNALD LAW GROUP LLP

14
By: _/s/ Brandon C. Fernald_________________
Brandon Claus Fernald
Nevada Bar No. 10582
6236 Laredo Street
Las Vegas, NV 89146

15
16
17

Attorneys for Wendy Butensky

18
19
20
21
22
23

IT IS SO ORDERED.
May 4
The trial (and all trial related dates) shall be continued to _________________, 2020,
at 9
_____ a.m. The Calendar call will now be on ______________, 2020, at 1:30
______ p.m.
April 29

24

UNITED STATES DISTRICT JUDGE

25
26
27

January 30, 2020
DATED: January ____,2020.

___________________________________
THE HONORABLE JAMES C. MAHAN

28
FEDERAL EXPRESS
CORPORATION
2601 MAIN STREET
SUITE 340
IRVINE, CA 92614

1389769 (60-15939)
3
Case No. 2:16-cv-01718-JCM-VCF
JOINT STIPULATION TO CONTINUE THE TRIAL AND ALL TRIAL RELATED DATES
FOR APPROXIMATELY 45 DAYS; AND [PROPOSED] ORDER THEREON

1
2
3
4

CERTIFICATE OF SERVICE
Wendy Butensky v. Federal Express Corporation
USDC Case No. 2:16-cv-01718-JCM-VCF
I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is Federal Express Corporation, 2601 Main Street, Suite
340, Irvine, California 92614.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

On January 24, 2020, I served the within document(s):
JOINT STIPULATION TO CONTINUE THE TRIAL AND ALL TRIAL RELATED
DATES; AND [PROPOSED] ORDER THEREON [FIRST REQUEST FOR EXTENSION]

With the Clerk of the Court for the United States District Court-District of NV by using
the Court’s CM/ECF system and that service will be accomplished by the court’s CM/ECF
system to the person(s) as set forth below.
 by transmitting via facsimile the document(s) listed above to the fax number(s) set forth
below.
 placing the document(s) listed above in a sealed envelope with postage thereon fully
by
prepaid, in the United States Mail at Irvine, California addressed as set forth below.
 arranging with First Legal Attorney Service to personally deliver the document(s)
by
listed above to the person(s) at the address(es) set forth below.
 placing the document(s) listed above in a sealed envelope with delivery fees provided
by
for, addressed as follows for collection by Federal Express for overnight delivery at
Federal Express Corporation, 2601 Main Street, Suite 340, Irvine, California 92614, in
accordance with Federal Express Corporation’s ordinary business practices.
Brandon C. Fernald, Esq.
FERNALD LAW GROUP L.L.P.
510 W. 6th Street, Suite 700
Los Angeles, CA 90014
Email: [e-mail]
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiff, WENDY BUTENSKY
 (Federal) I declare under penalty of perjury that the foregoing is true and correct and that I
am employed in the office of a member of the bar of this Court, who has been admitted pro
hac vice, at whose direction the service was made.
Executed on January 24, 2020, at Irvine, California.
/s/ Shelley Davis
Shelley Davis

27
28
FEDERAL EXPRESS
CORPORATION
2601 MAIN STREET
SUITE 340
IRVINE, CA 92614

1389769 (60-15939)
4
Case No. 2:16-cv-01718-JCM-VCF
JOINT STIPULATION TO CONTINUE THE TRIAL AND ALL TRIAL RELATED DATES
FOR APPROXIMATELY 45 DAYS; AND [PROPOSED] ORDER THEREON