Bryant v. MX Holdings US, Inc. et al

Filing 28

ORDER Granting 27 Stipulation to Extend Deadline for Discovery Plan. See Order for further details. Signed by Magistrate Judge Elayna J. Youchah on 9/15/2022. (Copies have been distributed pursuant to the NEF - KF)

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Case 2:22-cv-00855-GMN-EJY Document 28 Filed 09/15/22 Page 1 of 3 1 2 3 4 5 6 7 Michael Kind, Esq. Nevada Bar No. 13903 KIND LAW 8860 South Maryland Parkway, Suite 106 Las Vegas, Nevada 89123 (702) 337-2322 (702) 329-5881 (fax) Attorney for Plaintiff Jehu Bryant 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 Jehu Bryant, 12 13 14 15 16 Case No. 2:22-cv-00855-GMN-EJY Plaintiff, Stipulation To Extend Deadline For Proposed Discovery Plan v. MX Holdings US, Inc., CFP Fire Protection, Inc., COSCO Fire Protection, Inc., and Firetrol Protection Systems, Inc., (First Request) 17 Defendants. 18 19 20 Jehu Bryant and MX Holdings US, Inc.; CFP Fire Protection, Inc.; COSCO 21 Fire Protection, Inc.; and Firetrol Protection Systems, Inc. (collectively the 22 “Parties”), by and through their respective counsel, hereby stipulate to extend Local 23 Rule 26-1’s deadlines for the Parties to hold their initial Fed. R. Civ. P. 26(f) 24 conference and to file their proposed discovery plan and scheduling order (the 25 “Deadlines”). 26 27 _____________________ STIPULATION -1- Case 2:22-cv-00855-GMN-EJY Document 28 Filed 09/15/22 Page 2 of 3 1 On May 27, 2022, Plaintiff filed his Class Action Complaint for Damages 2 against Defendants. (ECF No. 1.) Local Rule 26-1 provides that a “plaintiff’s 3 attorney must initiate the scheduling of a conference required by Fed. R. Civ. P. 26(f) 4 to be held within 30 days after the first defendant answers or otherwise appears.” 5 (LR 26-1(a).) Defendants filed their Motion to Dismiss on July 29, 2022, which 6 made the deadline for the Rule 26(f) conference August 29, 2022. (LR 26-1(a); ECF 7 No. 17.) Local Rule 26-1 also provides that the Parties must submit a stipulated 8 discovery plan and scheduling order within 14 days of their Rule 26(f) conference. 9 (LR 26-1(a).) As such, the deadline to submit a stipulated discovery plan and 10 scheduling order was September 12, 2022. (LR 26-1(a); ECF No. 17.) 11 In view of the pending motion to dismiss, the Parties have conducted an initial 12 meet-and-confer call regarding the Deadlines and have agreed to jointly request a 13 30-day extension of the same, making 30 days from today (or October 17, 2022) the 14 new deadline for a Rule 26(f) conference and 14 days thereafter (or October 31, 15 2022) the new deadline for submission of a stipulated discovery plan and scheduling 16 order, subject to such further discussion and agreement of the Parties and Order of 17 the Court as may be warranted in the circumstances. This is the Parties’ first request 18 to extend these deadlines. 19 20 21 22 23 24 25 26 27 _____________________ STIPULATION -2- Case 2:22-cv-00855-GMN-EJY Document 28 Filed 09/15/22 Page 3 of 3 1 Given that a dispositive motion has been filed and given that class action 2 allegations have been made, the Parties believe that a customized approach to case 3 management may be warranted.1 Accordingly, Defendants wish to reserve the right 4 to expand and elaborate on these considerations in further support of case 5 management and jurisdictional considerations that are expected to come into play in 6 this case. Aside from the pending motion to dismiss, since the Complaint makes 7 allegations on behalf of a putative class, the parties will also need special scheduling 8 review for an extended discovery period. In light of the nature of this matter and the pending briefing, the Parties jointly 9 10 request additional time to make the required submission. Dated: September 15, 2022 11 12 13 14 15 16 17 KIND LAW SANTORO WHITMIRE /s/ Michael Kind Michael Kind, Esq. 8860 South Maryland Parkway, Suite 106 Las Vegas, Nevada 89123 Counsel for Plaintiff Jehu Bryant /s/ James Whitmire James E. Whitmire, Esq. 10100 W. Charleston Blvd. Ste. 250 Las Vegas, NV 89135 Counsel for Defendants 18 19 IT IS SO ORDERED: 20 21 ___________________________________ UNITED STATES MAGISTRATE JUDGE 22 23 DATED: September 15, 2022 24 25 26 27 1 A similar customized approach was utilized by Magistrate Judge Ferenbach in Case No. 2:22cv-00475-APG-VCF. _____________________ STIPULATION -3-

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