Reno v. Western Cab Company et al

Filing 61

ORDER Granting 60 Motion to Extend Time Re: 57 Motion. Responses due by 11/19/2018. Signed by Judge Andrew P. Gordon on 11/15/2018. (Copies have been distributed pursuant to the NEF - ADR)

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MARIO P. LOVATO
Nevada Bar No. 7427
LOVATO LAW FIRM, P.C.
7465 W. Lake Mead Blvd. Ste. 100
Las Vegas, Nevada 89128
T: [phone]
[e-mail]
Attorney for Defendants
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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MICHAEL RENO,
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Plaintiff,
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vs.
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WESTERN CAB COMPANY, HELEN
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TOBMAN MARTIN, MARILYN
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TOBMAN MORAN, JANIE TOBMAN
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MOORE, MARTHA SARVER, and
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JASON AWAD,
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Defendants.
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___________________________________ )

CASE NO. 2:18-CV-840-APG-NJK

DEFENDANTS’ MOTION FOR TO EXTEND

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Defendants, through their current counsel, move to extend the deadline to file the

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response to Plaintiffs’ “Motion to Supplement ECF 11 and for an Order Confirming Jurisdiction

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Over All Related State Law Claims or Suitable Alternative Relief” (#57) by three court days,
such that the new deadline shall be November 19, 2018. In support of this motion, Defendants

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state the following.
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Defense counsel first entered the case on behalf on behalf of Defendant Jason Awad after

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Plaintiffs filed an amended complaint adding him to the case. Plaintiffs’ counsel, and prior

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counsel for the other Defendants, other have already submitted and filed motion practice

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regarding Plaintiff’s Motion (#11) regarding circulation of a notice regarding FLSA claims.

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Current defense counsel was not involved in such motion practice or the response thereto.
Recently, current defense counsel substituted-in (#54) as counsel for the prior party-

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Defendants (i.e. those other than Defendant Jason Awad), to which Plaintiffs and their counsel

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have recently responded by filing the current “Motion to Supplement” (#57). Such Motion to

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Supplement requires review of Plaintiffs’ Motion (#11), as well as prior defense counsel’s

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responsive filings.

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Plaintiffs’ requested relief for notice so as to include relief on a state-law based class claim basis

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despite prior state court litigation that resulted in denial of Plaintiffs’ motion for class

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Plaintiffs’ current Motion to Supplement seeks, inter alia, to expand

certification. See Motion (#57) (acknowledging same). Plaintiffs do not appear to have filed a
motion to certify class and/or a motion for conditional certification of FLSA action in this case

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despite seeking permission to circulate notices, including the class-wide notices sought by the
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Motion to Supplement (#57).

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Plaintiffs’ current Motion to Supplement (#57) cites numerous cases, which require

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review. Current defense counsel has litigated prior cases with Plaintiffs’ counsel. Plaintiffs’

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lengthy case citations in the Motion to Supplement require research and review for purposes of

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drafting the responsive brief. In addition, the recent Veterans’ Day holiday has reduced the usual
period during which to respond. A short extension of only three court days will not unduly, or

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significantly, prejudice the parties in litigating the motion or the case in general.
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Defendants request an additional three court days to finalize and file their responsive

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brief. On today’s date, defense counsel drafted and revised a motion brief in another case. An

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additional three days will allow the issues raised by Plaintiffs’ motion to be heard on the merits

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and in a manner conducive to orderly litigation of the claims.

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Accordingly, Defendants request a three-day extension of the deadline to file the

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response to Plaintiffs’ Motion to Supplement (#57) such that the deadline shall be November 19,
2018.
DATED: November 14, 2018.

LOVATO LAW FIRM, P.C.

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Mario Lovato
MARIO P. LOVATO
Nevada Bar No. 7427
Attorney for Defendants

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ORDER

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IT IS SO ORDERED.

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Dated: November 15, 2018.
DATED: November _____, 2018.

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UNITED STATES MAGISTRATE / DISTRICT COURT JUDGE
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that, on November 14, 2018, a copy of the above and
foregoing DEFENDANTS’ MOTION FOR TO EXTEND was served via the Court’s system

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of electronic service upon all those registered for such service in the above-referenced case,
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including:

Leon Greenberg
Dana Sniegocki
Leon Greenberg P.C.
2965 S. Jones Blvd. Ste. E3
Las Vegas, NV 89146

/s/ Mario Lovato
An employee of Lovato Law Firm, P.C.

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