Westenberger v. Albertson's LLC

Filing 21

ORDER granting 20 Stipulation to Continue. The Joint Status Report shall be filed by September 24, 2018. FURTHER ORDERED that the hearing on this matter currently set for August 28, 2018 at 9:30 a.m. is continued to October 2, 2018, at 9:00 a.m. Signed by Magistrate Judge Peggy A. Leen on 8/23/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02661-JAD-PAL Document 20 Filed 08/21/18 Page 1 of 3

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Jack P. Burden, Esq.
Nevada State Bar No. 6918
Xiao Wen Jin, Esq.
Nevada State Bar No. 13901
BACKUS, CARRANZA & BURDEN
3050 South Durango Drive
Las Vegas, NV 89117
T: [phone]
F: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Albertson’s LLC

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JACKIE WESTENBERGER,
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Plaintiff,
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vs.
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ALBERTSONS LLC, a Foreign Limited Liability
Company; DOES I through X; and ROE
CORPORATIONS I through X,

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Defendants.

)
) Case No. 2:17-cv-02661-JAD-PAL
)
) STIPULATION AND ORDER TO
) CONTINUE HEARING
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Defendant Albertson’s LLC (“Defendant”), by and through its counsel of record, Jack P.
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Burden, Esq. and Xiao Wen Jin, Esq. of the law firm BACKUS, CARRANZA & BURDEN, and
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Plaintiff Jackie Westenberger (“Plaintiff”), by and through her counsel of record, Marcus A. Berg,
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Esq. and Boyd B. Moss III, Esq. of MOSS BERG INJURY LAWYERS, hereby stipulate and agree as
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follows:
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1. On July 31, 2018, the Court held a hearing on Defendant’s Motion to Strike (ECF No. 14)
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and Defendant’s Motion for Leave to Reply (ECF No. 17).
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2. The Court ordered at the hearing, among other things, that the parties to select a forensic
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computer examiner to conduct a review of the computer to verify from the metadata
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1

Case 2:17-cv-02661-JAD-PAL Document 20 Filed 08/21/18 Page 2 of 3

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whether these materials were or were not served as represented by Mr. Hansen and by Mr.

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Berg. See Minutes of Proceedings (ECF No. 19). The Court set the matter for further

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proceedings for August 28, 2018 at 9:30 a.m. and ordered a joint status report to be filed

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by August 24, 2018.

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3. On August 3, 2018, an appointment was set with the forensic examiner.

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4. On August 6, 2018, the forensic examiner began collecting data.

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5. On August 11, 2018, the forensic examiner completed the collection of data.

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6. On or about August 17, 2018, the forensic examiner requested Defendant’s counsel to

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extend the Joint Status Report deadline of August 24, 2018 as additional time may be

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needed for analysis.

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7. Therefore, the parties respectfully request a thirty-day (30) extension of the Joint Status
Report deadline and hearing date as follows:
Current Deadline

Proposed Deadline

Joint Status Report

August 24, 2018

September 24, 2018

Hearing

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Item

August 28, 2018

September 27, 2018 or at
such later date and time
set by the Court

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IT IS SO STIPULATED.

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DATED: August 21, 2018

DATED: August 21, 2018

BACKUS, CARRANZA & BURDEN

MOSS BERG INJURY LAWYERS

/s/ Jack P. Burden
Jack P. Burden, Esq.
Xiao Wen Jin, Esq.
3050 South Durango Drive
Las Vegas, NV 89117
Attorneys for Defendant

/s/ Marcus A. Berg
Marcus A. Berg, Esq.
Boyd B. Moss III, Esq.
4101 Meadows Lane, Suite 110
Las Vegas, NV 89107
Attorney for Plaintiff

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Case 2:17-cv-02661-JAD-PAL Document 20 Filed 08/21/18 Page 3 of 3

ORDER

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Upon review of the Stipulation by the parties, the Court hereby orders as follows:

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IT IS HEREBY ORDERED that the Joint Status Report shall be filed by September 24,

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2018.
IT IS FURTHER ORDERED that the hearing on this matter currently set for August 28,
2018 at 9:30 a.m. is continued to October 2, 2018, at 9:00 a.m.
IT IS SO ORDERED this

23rd

day of

August

, 2018.

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UNITED STATES MAGISTRATE JUDGE

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