Oleson v. Wal-Mart Stores Inc.

Filing 23

ORDER Granting in part and Denying in part 22 Stipulation for Extension of Time. Wal-Mart Stores Inc. answer due 10/31/2022. Signed by Magistrate Judge Daniel J. Albregts on 9/15/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:22-cv-01026-RFB-DJA Document 23 Filed 09/15/22 Page 1 of 5

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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.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

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LILIA OLESON individually, and as mother,
general guardian of I.L., a minor,

Case No.: 2:22-cv-01026-RFB-DJA

Plaintiff,

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

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

ALVERSON TAYLOR & SANDERS

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vs.
WAL-MART STORES INC.,
Defendants.

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IT IS HEREBY STIPULATED AND AGREED, by and between: Defendant Walmart Inc.,

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by and through its attorneys KURT R. BONDS, ESP., and PATRICE STEPHENSON-JOHNSON,

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ESQ., of ALVERSON TAYLOR & SANDERS and Plaintiff LILIA OLEDON, by and through her

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attorneys BRIAN E. HOLTHUS, ESQ of JOLLEY URGA WOODBURY & HOLTHUS, and

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WARREN POSTMAN and ASHLEY KELLER of KELLER POSTMAN, LLC, Pro Hac Vice, that

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the deadline for Walmart to answer, move, or otherwise respond to Plaintiff’s Complaint is extended

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until thirty (30) days following the ruling by the Judicial Panel on Multidistrict Litigation (the

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“JPML”) on the Motion to Transfer Actions Pursuant to 28 U.S.C. § 1407 for Coordinated or

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Consolidated Pretrial Proceedings (“Motion to Transfer” ).

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

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KB-27918

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

ALVERSON TAYLOR & SANDERS

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a bout 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 29, 2022, Plaintiff filed this action, Oleson v. Wal-Mart Stores, No. 2:22-cv-01026,
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.

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On June 29, 2022, Defendant received Plaintiff’s Complaint that included extensive
allegations.

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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

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KB-27918

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

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

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IT IS SO AGREED AND STIPULATED:

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DATED: 9/14/2022

DATED: 9/14/2022

ALVERSON, TAYLOR, & SANDERS

JOLLEY URGA WODBURY & HOLTHUS

_____________________________
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

_____________________________
BRIAN E. HOLTHUS, ESQ.
Nevada Bar No. 2720
50 S. Stephanie Street, Suite 202
Henderson, NV 89102
[phone]

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

ALVERSON TAYLOR & SANDERS

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/s/Ashley Barriere

KELLER POSTMAN LLC
WARREN POSTMAN (Pro Hac Vice
forthcoming)
1100 Vermont Avenue, N.W., 12th Floor
Washington, D.C. 20005
[phone]
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

IT IS THEREFORE ORDERED that the parties' stipulation (ECF No. 22) is GRANTED IN
PART AND DENIED IN PART. In the interest of having a concrete deadline, Walmart shall
have until October 31, 2022 to respond to Plaintiff's complaint. If necessary, the parties may
IT IS SO ORDERED:
stipulate to extend this deadline.
________________________________________
________________________________________
DANIEL
J. ALBREGTS
UNITED
STATES MAGISTRATE JUDGE
UNITED STATES MAGISTRATE JUDGE
DATED: September 15, 2022
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