Butkowski v. Bluestem Brands, Inc. et al

Filing 39

ORDER Granting 38 Third Motion to Extend Time for Dismissal of Defendant Bluestem Brands, Inc. If the Parties have not submitted dismissal documents to the Court before 7/19/2017 they shall submit a joint status report by the same date. Signed by Magistrate Judge George Foley, Jr on 6/20/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02220-JAD-GWF Document 38 Filed 06/19/17 Page 1 of 3

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Kevin L. Hernandez, Esq.
Nevada Bar No. 12594
LAW OFFICE OF KEVIN L.
HERNANDEZ
2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
T: [phone]
F: [phone]
[e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
[phone] FAX: [phone]

Law Office of Kevin L. Hernandez

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CHARMAINE BUTKOWSKI, an individual;

Case No.: 2:16-cv-02220-JAD-GWF

Plaintiff,
v.

JOINT MOTION AND ORDER TO
EXTEND TIME FOR DISMISSAL OF
DEFENDANT BLUESTEM BRANDS,
INC.

BLUESTEM BRANDS, INC., d/b/a
FINGERHUT, a foreign corporation;
NAVIENT SOLUTIONS, INC., a foreign
corporation; EQUIFAX, INC., a foreign
corporation;

(Third Request)

Defendants.

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Plaintiff, Charmaine Butkowski (“Plaintiff”) and Bluestem Brands, Inc. (“Bluestem”)

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(the “Parties”), under Fed. R. Civ. P. 6(b)(1)(a) and Local Rule IA 6-1, hereby move this Court

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for the entry of an Order extending the time for Plaintiff and Bluestem to review and execute

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settlement documents and for the Parties to prepare dismissal documents. In support of this

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Motion, the Parties refer the Court to the memorandum below:

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MEMORANDUM OF POINTS AND AUTHORITIES

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Rule 6(b)(1)(a) of the Federal Rules of Civil Procedure and Local Rule IA 6-1 provide

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that the Court may, for good cause, extend the time with or without motion or notice if the Court

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acts, or if a request is made, before the original time or its extension expires.

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The Parties respectfully request an extension of time during which Plaintiff will review

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and sign the proposed settlement agreement and release with Bluestem. The Parties make this

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request in good faith and have good cause for the relief they seek. Plaintiff has been unable to

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review and execute the agreement due to ongoing health issues.
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Case 2:16-cv-02220-JAD-GWF Document 38 Filed 06/19/17 Page 2 of 3

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Based on the foregoing, Plaintiff respectfully requests that this Court enter an Order

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allowing them and additional thirty (30) days, through and including July 19, 2017, to allow for

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Plaintiff to recover and review the settlement documents, for the Parties to execute the settlement

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documents, and for the Parties to prepare dismissal documents. If the Parties have not submitted

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dismissal documents to the Court before July 19, 2017, they shall submit a joint status report by

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the same date.

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Respectfully submitted.

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Dated: June 19, 2017

Dated: June 19, 2017

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LAW OFFICE OF
KEVIN L. HERNANDEZ

BALLARD SPAHR LLP

2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
[phone] FAX: [phone]

Law Office of Kevin L. Hernandez

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/s/ Kevin L. Hernandez
Kevin L. Hernandez, Esq.
Nevada Bar No. 12594
2510 Wigwam Parkway, Suite 206
Henderson, Nevada 89074
[e-mail]
Attorney for Plaintiff

/s/ Kyle A. Ewing________
Joel E. Tasca
Nevada Bar No. 14124
Kyle A. Ewing
Nevada Bar No. 14051
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106
[e-mail]
[e-mail]
Attorneys for Defendant Bluestem Brands, Inc.

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IT IS SO ORDERED.

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___________________________________
UNITED STATE DISTRICT JUDGEJUDGE
UNITED STATES MAGISTRATE

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6/20/2017
DATED: ___________________________

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