Brewer v. Wal-Mart Stores, Inc.

Filing 25

ORDER Granting 24 Stipulation for Extension of Time (First Request) to Respond re 1 Complaint. IT IS SO ORDERED that the time for Walmart to respond to Plaintiff's Complaint shall be extended until thirty (30) days after the JPML's ruling on the Motion to Transfer. Signed by Magistrate Judge Brenda Weksler on 9/15/2022. (Copies have been distributed pursuant to the NEF - YAW)

Case 2:22-cv-01012-RFB-BNW Document 25
24 Filed 09/15/22
09/14/22 Page 1 of 5

1
2
3
4
5
6
7

ALVERSON TAYLOR & SANDERS
KURT R. BONDS, ESQ.
Nevada Bar #6228
PATRICE STEPHENSON-JOHNSON, ESQ.
Nevada Bar# 12283
6605 Grand Montecito Parkway
Suite 200
Las Vegas, Nevada 89149
[phone]
[e-mail]
Attorney for Defendant
Walmart Inc.

8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA

10

LINDA BREWER, individually, and as mother,
general guardian of G.C., a minor,

Case No.: 2:22-cv-01012-RFB-BNW

12
STIPULATION AND ORDER TO
EXTEND THE DEADLINE FOR
DEFENDANT TO RESPOND TO
PLAINTIFF’S COMPLAINT

Plaintiff,
LAWYERS
6605 GRAND MONTECITO PARKWAY
SUITE 200
LAS VEGAS, NEVADA 89149
[phone] FAX [phone]

ALVERSON TAYLOR & SANDERS

11

13
14
15
16

vs.
WAL-MART STORES INC.,
Defendants.

17
18

IT IS HEREBY STIPULATED AND AGREED, by and between: Defendant WAL-MART

19

STORES, INC., by and through its attorneys KURT R. BONDS, ESP., and PATRICE

20

STEPHENSON-JOHNSON, ESQ., of ALVERSON TAYLOR & SANDERS and Plaintiff LINDA

21

BREWER, by and through her attorneys BRIAN E. HOLTHUS, ESQ of JOLLEY URGA

22

WOODBURY & HOLTHUS, and WARREN POSTMAN and ASHLEY KELLER of KELLER

23

POSTMAN, LLC, Pro Hac Vice, that that the deadline for Walmart to answer, move, or otherwise

24

respond to Plaintiff’s Complaint is extended until thirty (30) days following the ruling by the

25

Judicial Panel on Multidistrict Litigation (the “JPML”) on the Motion to Transfer Actions Pursuant

26

to 28 U.S.C. § 1407 for Coordinated or Consolidated Pretrial Proceedings (“Motion to Transfer” ).

27

This matter relates to products liability where Plaintiff alleges that Defendant failed to warn

28
1

KB-27917

Case 2:22-cv-01012-RFB-BNW Document 25
24 Filed 09/15/22
09/14/22 Page 2 of 5

1
2
3
4
5
6
7
8
9
10

12
LAWYERS
6605 GRAND MONTECITO PARKWAY
SUITE 200
LAS VEGAS, NEVADA 89149
[phone] FAX [phone]

ALVERSON TAYLOR & SANDERS

11

13
14
15
16
17
18
19
20
21
22
23
24

about the dangers of prenatal exposure to Paracetamol, also known as Acetaminophen, and its
alleged propensity to causes autism spectrum disorder and attention-deficit/hyperactivity disorder in
children.
On June 10, 2022, a Motion to Transfer Actions Pursuant to 28 U.S.C. § 1407 for
Coordinated or Consolidated Pretrial Proceedings (“Motion to Transfer”) was filed with the Judicial
Panel on Multidistrict Litigation (the “JPML”) in In re: Acetaminophen – ASD/ADHD Products
Liability Litigation, MDL No. 3043, seeking transfer and coordination for pretrial purposes of all
currently filed actions and subsequently filed related actions, that allege wrongful conduct relating to
the over-the-counter drug, Acetaminophen. See In re: Acetaminophen – ASD/ADHD Prods. Liab.
Litig., MDL No. 3043, Dkt. 1 (J.P.M.L. June 10, 2022).
On July 27, 2022, Plaintiff filed this action, Brewer v. Wal-Mart Stores, No. 2:22-cv-01012,
against Defendant Walmart.
On July 29, 2022, Plaintiff filed a Notice of Related Action with the JPML in In re:
Acetaminophen – ASD/ADHD Products Liability Litigation, MDL No. 3043 notifying the Panel of
this action. In re: Acetaminophen, MDL No. 3043, Dkt. 37 (J.P.M.L. July 29, 2022).
The Motion to Transfer will be heard by the JPML during its September 29, 2022 Panel
Hearing Session. In light of the Motion to Transfer’s request to coordinate the instant action and all
related actions in a multidistrict litigation, and because that Motion will not be heard by the JPML
until September 29, 2022:
IT IS HEREBY STIPULATED and AGREED, by and between the Parties, that the time for
Walmart to respond to Plaintiff’s Complaint shall be extended to thirty (30) days after the JPML’s
ruling on the Motion to Transfer.
This stipulation is based on the following:
1.

25
26
27

On June 27, 2022, Defendant received Plaintiff’s Complaint that included extensive
allegations.

2.

The Motion to Transfer will be heard by the JPML during its September 29, 2022
Panel Hearing Session. In light of the Motion to Transfer’s request to coordinate the

28
2

KB-27917

Case 2:22-cv-01012-RFB-BNW Document 25
24 Filed 09/15/22
09/14/22 Page 3 of 5

1

instant action and all related actions in a multidistrict litigation, and because that Motion

2
3
4
5

will not be heard by the JPML until September 29, 2022:
3.

IT IS HEREBY STIPULATED and AGREED, by and between the Parties, that the
time for Walmart to respond to Plaintiff’s Complaint shall be extended until thirty (30)
after the JPML’s ruling on the Motion to Transfer.

6
7

IT IS SO AGREED AND STIPULATED:

8
DATED: 9/14/2022

DATED: 9/14/2022

ALVERSON, TAYLOR, & SANDERS

JOLLEY URGA WODBURY & HOLTHUS

9
10

12
LAWYERS
6605 GRAND MONTECITO PARKWAY
SUITE 200
LAS VEGAS, NEVADA 89149
[phone] FAX [phone]

ALVERSON TAYLOR & SANDERS

11

13
14
15
16

_____________________________
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
PATRICE STEPHENSON-JOHNSON, ESQ.
Nevada Bar No. 12283
6605 Grand Montecito Pkwy., Suite 200
Las Vegas, NV 89149
[phone]
[e-mail]
Attorneys for Defendants

17

/s/Ashley Barriere
___________________________
BRIAN E. HOLTHUS, ESQ.
Nevada Bar No. 2720
50 S. Stephanie Street, Suite 202
Henderson, NV 89102
[phone]
KELLER POSTMAN LLC
WARREN POSTMAN (Pro Hac Vice
forthcoming)
1100 Vermont Avenue, N.W., 12th Floor
Washington, D.C. 20005
[phone]

18
ASHLEY KELLER (Pro Hac Vice forthcoming)
ASHLEY BARRIERE (Pro Hac Vice
forthcoming)
150 N. Riverside Plaza, Suite 4100
Chicago IL, 60606
[phone]
Attorneys for Plaintiff

19
20
21
22
23
24

ORDER
IT IS SO ORDERED
IT IS SO ORDERED:
DATED: 11:55 am, September 15, 2022

25
26
27

________________________________________
UNITED STATES MAGISTRATE JUDGE
BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

28
3

KB-27917

Case 2:22-cv-01012-RFB-BNW Document 25
24 Filed 09/15/22
09/14/22 Page 4 of 5

Case 2:22-cv-01012-RFB-BNW Document 25
24 Filed 09/15/22
09/14/22 Page 5 of 5