Ashcraft v. Welk Resort Group, Corp. et al

Filing 124

ORDER Granting 121 Stipulation to File Responses and Replies to Anticipated Motions for Class Certification and Summary Judgment. See Order for deadlines. Signed by Judge Jennifer A. Dorsey on 11/27/2018. (Copies have been distributed pursuant to the NEF - ADR)

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Cheryl L. O’Connor
Nevada Bar No. 14745
[e-mail]
Ryan D. Ball
Admitted Pro Hac Vice
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408
Telephone:
[phone]
Facsimile:
[phone]
Jennifer L. Braster
Nevada Bar No. 9982
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Defendant
Experian Information Solutions, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN E. ASHCRAFT,
Plaintiff,
v.
EXPERIAN INFORMATION SOLUTIONS,
INC.,

Case No. 2:16-cv-02978-JAD-NJK
STIPULATION AND ORDER TO
EXTEND RESPONSE AND REPLY
BRIEFING DEADLINES
[First Request]

Defendant.

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Under Local Rules 6-1 and 7-2(b), Plaintiff John Ashcraft (“Plaintiff”) and Experian

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Information Solutions, Inc. (collectively, the “Parties”), by and through their respective counsel of

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record, hereby stipulate and request that this Court modify the briefing schedules for Plaintiff’s

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Motion for Class Certification and the Parties’ Motions for Summary Judgment. The deadline for

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Plaintiff to file his Motion for Class Certification and for the Parties to file Motions for Summary

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Judgment is currently set for December 14, 2018. (ECF Nos. 111, 120.) The Parties do not seek an

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STIPULATION TO EXTEND
BRIEFING DEADLINES
Case No. 2:16-cv-02978-JAD-NJK

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extension of this deadline, but rather seek an extended briefing schedule on these motions

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considering upcoming national holidays. This is the first request to extend the response and reply

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briefing deadlines on Plaintiff’s Motion for Class Certification and on the Parties’ Motions for

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Summary Judgment.

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1.

On February 21, 2017, the Court entered the Parties’ proposed discovery plan and

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scheduling order, which set the deadline for the parties to file Dispositive Motions on September

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6, 2017. (ECF No. 12.)

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2.

On January 10, 2018, the Court granted Plaintiff leave to amend his Complaint to

add class claims. (ECF No. 77.) The Court ordered the parties to file a joint stipulation with new
proposed case deadlines. (Id.)

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3.

On January 17, 2018, the Parties filed a joint stipulation, proposing that the deadline

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for Dispositive Motions and for Plaintiff’s Motion for Class Certification be set for August 15,

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2018. (ECF No. 79.)

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4.

On January 18, 2018, the Court adopted the Parties’ proposed schedule. (ECF No.

5.

On June 22, 2018, the Parties filed a joint stipulation to extend discovery deadlines,

80.)

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which included a request that the deadline for Dispositive Motions and for Plaintiff’s Motion for

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Class Certification be set for November 14, 2018. (ECF No. 89.)

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6.

On June 26, 2018, the Court adopted the Parties’ proposed schedule. (ECF No. 90.)

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7.

On October 29, 2018, the Court extended the Dispositive Motions deadline to

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December 14, 2018. (ECF No. 111.)
8.

On November 19, 2018, the Court extended the deadline for Plaintiff to file his

Motion for Class Certification to December 14, 2018. (ECF No. 120.)
9.

Assuming Plaintiff files his Motion for Class Certification on December 14, 2018,

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Experian’s response to that motion would be due on December 28, 2018, with Plaintiff’s reply due

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on January 4, 2018. See D. Nev. L.R. 7-2(b).

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10.

Assuming the Parties file their respective Motions for Summary Judgment, if any,

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STIPULATION TO EXTEND
BRIEFING DEADLINES
Case No. 2:16-cv-02978-JAD-NJK

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on December 14, 2018, the responses to such motions would be due on January 4, 2018, with replies

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due on January 18, 2018. See D. Nev. L.R. 7-2(b).

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These briefing schedules for Plaintiff’s Motion for Class Certification and the

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Parties’ Motions for Summary Judgment overlap with multiple major national holidays.

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Consequently, the Parties request that the briefing deadlines be reset as follows:

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Dispositive Motions and Motion for Class Certification: December 14, 2018 (no

change).

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Response to Motion for Class Certification: January 11, 2018.

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Responses to Dispositive Motions: January 18, 2018.

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Reply in support of Motion for Class Certification: January 18, 2018.

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Replies in support of Dispositive Motions: February 1, 2018.

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STIPULATION TO EXTEND
BRIEFING DEADLINES
Case No. 2:16-cv-02978-JAD-NJK

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This is the Parties’ first request to extend these briefing deadlines. The requested

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extensions are being made in good faith and not for purposes of delay.

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IT IS SO STIPULATED.

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Dated: November 19, 2018

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/s/ Jennifer L. Braster
Jennifer L. Braster, Esq. (NBN 9982)
Andrew J. Sharples, Esq (NBN 12866)
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145

/s/ Miles N. Clark
Matthew I. Knepper, Esq. (NBN 12796)
Miles N. Clark, Esq. (NBN 13848)
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129

Cheryl L. O’Connor, Esq. (NBN 14645)
Ryan D. Ball, Esq. (Pro Hac Vice)
Jeremy S. Close, Esq. (Pro Hac Vice)
Richard J. Grabowski, Esq. (Pro Hac Vice)
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408

Sean N. Payne (NBN 13216)
PAYNE LAW FIRM LLC
9550 S. Eastern Ave. Suite 253-A213
Las Vegas, NV 89123

Attorneys for Experian Information Solutions,
Inc.

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David H. Krieger, Esq. (NBN 9086)
HAINES & KRIEGER, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123

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ORDER

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IT IS SO ORDERED.
Dated: _____

UNITED STATES DISTRICT JUDGE
Dated: November 27, 2018.

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STIPULATION TO EXTEND
BRIEFING DEADLINES
Case No. 2:16-cv-02978-JAD-NJK