Gonzalez et al v. Diamond Resorts International Marketing, Inc. et al

Filing 214

ORDER granting #212 Motion for Leave to File Excess Pages for Plaintiffs' Motion for Partial Summary Judgment. Signed by Judge Andrew P. Gordon on 4/26/2021. (Copies have been distributed pursuant to the NEF - DRS)

Download PDF
1 MICHAEL N. FEDER Nevada Bar No. 7332 2 DICKINSON WRIGHT PLLC 3 3883 Howard Hughes Parkway, Suite 800 Las Vegas, NV 89169 4 Telephone: 702-550-4400 Facsimile: 844-670-6009 5 Email: mfeder@dickinsonwright.com 6 7 8 9 10 11 12 13 14 MARTIN D. HOLMES (Pro Hac Vice) Tennessee Bar No. 012122 PETER F. KLETT (Pro Hac Vice) Tennessee Bar No. 012688 DICKINSON WRIGHT PLLC Fifth Third Center, Suite 800 424 Church Street Nashville, TN 37219 Telephone: 615-244-6538 Facsimile: 844-670-6009 Email: mdholmes@dickinsonwright.com pklett@dickinsonwright.com TREVOR W. HOWELL (Pro Hac Vice) Tennessee Bar No. 009496 HOWELL LAW, PLLC P.O. Box 158511 Nashville, TN 37215 Telephone: (615) 406-1416 Email: trevor@howelllawfirmllc.com Attorneys for Plaintiffs, Collective Class Members and Hawaii Class Members 15 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 16 17 18 19 DANIEL GONZALEZ and JEFFREY HUGHES, on behalf of themselves and others similarly situated, Plaintiffs, 20 21 22 23 24 v. Case No. 2:18-cv-00979-APG-NJK PLAINTIFFS’ UNOPPOSED MOTION TO EXCEED THE 30PAGE LIMIT FOR PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT DIAMOND RESORTS INTERNATIONAL MARKETING, INC., and WEST MAUI RESORTS PARTNERS, L.P., Defendants. 25 26 Plaintiffs, on behalf of themselves, Opt-in Plaintiffs and Hawaii Class Members, submit 27 this Unopposed Motion to Exceed the 30-page limit for Plaintiffs’ Motion for Partial Summary 28 1 1 Judgment. For the reasons stated below and for good cause shown, the Court should grant 2 Plaintiffs’ Motion. 3 This is a conditionally certified nationwide collective action under the FLSA for unpaid 4 wages, including overtime, and a certified Rule 23 state law class action for unpaid wages, 5 including overtime, under the Hawaii Wage and Hour Law. 6 Currently, there are 798 individuals who have filed consents and joined this action as Opt- 7 in Plaintiffs and 614 Hawaii Class Members in the action, including Plaintiff Gonzalez. Ex. 1, 8 Declaration of Martin Holmes (“Holmes Decl.”), ¶ 2. 9 On March 29, 2021, Defendants filed a Motion for Summary Judgment, or in the 10 Alternative, Partial Summary Judgment of the Certain Opt-in Plaintiffs and Hawaii Class Members 11 Pursuant to FRCP 56. Defendants’ Motion was 32 pages in length. See ECF No. 202. 12 On April 22, 2021, Defendants’ counsel communicated with Plaintiffs’ counsel, advising 13 that Defendants plan to file a second motion for summary judgment, which collectively with the 14 prior Motion referenced above, would exceed the 30-page limit under LR 7-3(a). Defendants’ 15 counsel inquired whether Plaintiffs would oppose a motion seeking a page extension for 16 Defendants’ second motion. Ex. 1, Holmes Decl., ¶ 3. 17 On April 23, 2021, Plaintiffs’ counsel responded, indicating that Plaintiffs would not 18 oppose Defendants’ motion to exceed the 30-page limit, provided that Defendants would 19 reciprocate and not oppose a similar request by Plaintiffs to exceed the 30-page limit for either a 20 single motion for summary judgment or two separate motions, which collectively would exceed 21 the 30-page limit. Id., ¶ 4. 22 Defendants’ counsel indicated that Defendants would not oppose a similar request made 23 by Plaintiffs’ counsel to exceed the 30-page limit. Id., ¶ 5. 24 The current deadline to file dispositive motions is Monday, April 26, 2021. See ECF No. 25 196, p. 2. 26 Plaintiffs are preparing either a single motion for partial summary judgment or two separate 27 motions for partial summary judgment on the following issues: 1) whether, as a matter of law, the 28 2 1 manner in which Defendants calculated overtime pay prior to April 1, 2018, violated the FLSA 2 and the Hawaii Wage and Hour Law; and 2) whether, as a matter of law, Defendants are not 3 covered by the retail or service establishment exemption contained in 207(i) of the FLSA. Id.,¶ 6. 4 While Plaintiffs are diligently working not to exceed the 30-page limit, at this point, it 5 appears that Plaintiffs’ motion(s) will exceed 30 pages. Given the fact that this is a large collective 6 and class action involving over 1,000 individuals and the complexity of the legal issues involved 7 related to both liability and Defendants’ affirmative defenses, Plaintiffs respectfully submit that 8 good cause exists to permit Plaintiffs to exceed the 30-page limit. This is especially true in light 9 of the fact that Defendants have already filed a motion for summary judgment which was 32 pages 10 in length and plan to seek leave of the Court to file a second motion. Id.,¶ 7. 11 Based on the foregoing, Plaintiffs respectfully request an order permitting Plaintiffs to file 12 a single motion for summary judgment not to exceed 45 pages or alternatively, two motions for 13 summary judgment which collectively do not exceed 45 pages. 14 15 Respectfully submitted, 16 DICKINSON WRIGHT PLLC 17 /s/ Martin D. Holmes MICHAEL N. FEDER Nevada Bar No. 7332 3883 Howard Hughes Parkway, Suite 800 Las Vegas, NV 89169 18 19 20 21 22 23 24 25 26 27 MARTIN D. HOLMES (Admitted Pro Hac Vice) Tennessee Bar No. 012122 Fifth Third Center, Suite 800 424 Church Street Nashville, TN 37219 PETER F. KLETT (Admitted Pro Hac Vice) Tennessee Bar No. 012688 Fifth Third Center, Suite 800 424 Church Street Nashville, TN 37219 28 3 1 2 3 4 5 6 7 8 TREVOR W. HOWELL (Admitted Pro Hac Vice) HOWELL LAW, PLLC Tennessee Bar No. 009496 P.O. Box 158511 Nashville, TN 37215 Attorneys for Plaintiffs, Opt-in Plaintiffs and Hawaii Class Members ORDER For good cause shown, it is hereby ORDERED that Plaintiffs’ Motion to Exceed the 30- 9 page limit is granted and Plaintiffs may file a single motion for summary judgment not to exceed 10 45 pages or alternatively, two motions for summary judgment which collectively do not exceed 45 11 pages. 12 IT IS SO ORDERED: 13 ______________________________ ANDREW P. GORDON United States District Judge 14 15 16 April 26, 2021 DATED: ______________________ Case No. 2:18-cv-00979-APG-NJK 17 18 19 20 21 22 23 24 25 26 27 28 4 1 2 CERTIFICATE OF SERVICE I hereby certify that on April 23, 2021, I caused a true and accurate copy of the foregoing 3 PLAINTIFFS’ UNOPPOSED MOTION TO EXCEED THE 30-PAGE LIMIT FOR 4 PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT to be filed with the Clerk of 5 the Court via the Court’s CM/ECF system, which sent an electronic copy of same to the following 6 counsel of record: 7 HOWARD E. COLE JENNIFER K. HOSTETLER 8 BRIAN D. BLAKELY 9 LEWIS ROCA ROTHGERBER CHRISTIE LLP 3993 Howard Hughes Pkwy, Suite 600 10 Las Vegas, NV 89169-5996 11 ALISON MEGAN HAMER (Admitted Pro Hac Vice) BENJAMIN JOSEPH TREGER (Admitted Pro Hac Vice) 12 KIRSTIN ELISABETH MULLER (Admitted Pro Hac Vice) 13 FERRY EDEN LOPEZ (Admitted Pro Hac Vice) HIRSCHFELD KRAMER LLP 14 233 Wilshire Boulevard, Suite 600 Santa Monica, California 90401 15 Attorneys for Defendants 16 17 /s/ Martin D. Holmes Martin D. Holmes 18 19 4852-0894-6150 v1 [77850-1] 20 21 22 23 24 25 26 27 28 5

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?