Kelly v. Ross Stores, Inc. et al

Filing 16

ORDER Granting 15 Stipulation for Extension of Time. Discovery due by 8/5/2025. Motions due by 9/24/2025. Proposed Joint Pretrial Order due by 10/24/2025. Signed by Magistrate Judge Daniel J. Albregts on 3/10/2025. (Copies have been distributed pursuant to the NEF - AMMi)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
JOSH COLE AICKLEN
2 Nevada Bar No. 07254
[e-mail]
3 CRAIG S. NEWMAN
Nevada Bar No. 03780
4 [e-mail]
STEVEN L. FOREMASTER
5 Nevada Bar No. 10350
[e-mail]
6 6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
7 Telephone: [phone]
Facsimile: 702.893.3789
8 Attorneys for Attorneys for DEFENDANTS
ROSS STORES, INC. and ROSS DRESS
9 FOR LESS, INC.
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12
13 LILLIAN KELLY, an Individual,
Plaintiff,

14
15

Case No. 2:24-cv-01258-GMN-DJA

vs.

16 ROSS STORES, INC., a foreign
corporation; ROSS DRESS FOR LESS,
17 INC., a foreign corporation; DOE
INDIVIDUALS I-X, and ROE BUSINESS
18 ENTITIES I-X,

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(FIRST REQUEST)

Defendants.

19
20
21
22
23
24
25
26
27

STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES
Pursuant to LR 6-1 and LR 26-3, the parties, by and through their respective counsel
of record, hereby stipulate and request that this Court extend discovery in the abovecaptioned case by Ninety (90) days. In addition, the parties request that all other future
deadlines contemplated by the Discovery Plan and Scheduling Order be extended
pursuant to Local Rule. In support of this Stipulation and Order, the parties state as follows:

28

153930106.1

1

1.

Court in Clark County, Nevada.

2
3

2.

On July 12, 2024, Defendants removed this matter to the United States
District Court, District of Nevada.

4
5

On June 10, 2023, Plaintiff filed her Complaint in the Eight Judicial District

3.

July 12, 2024, Defendants filed their answer to Plaintiff’s Complaint.
DISCOVERY REMAINING

6
7

1.

Defendant ROSS STORES, INC. has served written discovery on Plaintiff.

8

2.

Plaintiff has responded to written discovery.

9

3.

Defendants will have a Rule 35 Medical Examination performed on Plaintiff.

10

4.

Defendants will take the deposition of Plaintiff.

11

5.

Plaintiff will depose Defendants’ Rule 30(b)(6) designee(s).

12

6.

Defendants may depose Plaintiff’s medical providers once able to collect
any and all relevant medical treatment records and billing.

13
14

7.

disclosed

15
16

The parties may depose any expert witnesses that are identified and

8.

The parties may depose any and all other witnesses identified through

17

discovery.

18

WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

19

The parties claim, pursuant to Local Rule 26-3, that good cause exists for the

20 requested extension. This Request for an extension of time is not sought for to delay the
21 proceedings or for any improper purpose.
22

The parties have been diligently working to complete discovery. However, during

23 the month of December 2024, Plaintiff’s counsel was on paternity leave with a newborn
24 son. Then, for the bulk of January 2025, Plaintiff’s counsel was preparing for and
25 participating in trial. These activities substantially reduced the available time for
26 counsel to conduct discovery, including numerous necessary depositions. Additionally,
27 before expert disclosures, the parties are inquiring about the potential need of a medical
28 exam and any stipulations and conditions concerning the same. Lastly, the parties plan
to attempt to resolve this matter using means of alternate dispute resolution.
153930106.1

2

For those reasons, the parties respectfully request an extension of the discovery

1

2 deadlines in this matter.
Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3

3

4 governs modifications or extension of the Discovery Plan and Scheduling Order. Any
5 stipulation or motion to extend or modify that Discovery Plan and Scheduling Order must
6 be made no later than twenty-one (21) days before the expiration of the subject deadline
7 and must comply fully with LR 26-3.
This is the first request for extension of time in this matter. The parties respectfully

8

9 submit that the reasons set forth above constitute compelling reasons and good cause for
10 the extension.
The following is a list of the current discovery deadlines and the parties’ proposed

11

12 extended deadlines:
13

Scheduled Event

Current Deadline

Proposed Deadline

Discovery Cut-off

May 27, 2025

Tuesday August 5, 2025

Expert Disclosure
16 pursuant to FRCP26
(a)(2)
17
Rebuttal Expert
18 Disclosure pursuant to
FRCP. 26(a)(2)
19
Dispositive Motions
20

March 28, 2025

Thursday June 26, 2025

April 28, 2025

Monday July 28, 2025

June 26, 2025

Wednesday September 24,
2025

21 Joint Pretrial Order

July 26, 2025

Wednesday October 24, 2025

14
15

If dispositive motions are
pending, the parties will
submit their Joint Pretrial
Order within thirty (30) days
of the Court’s order as to any
dispositive motions.

22
23
24
25 / / /
26 / / /
27 / / /
28 / / /
153930106.1

3

1

WHEREFORE, the parties respectfully request this Court extend the discovery

2 period by ninety (90) days from the current deadline of May 27, 2025 up to and including
3 August 5, 2025, and extend the other dates as outlined in accordance with the table above.
4

IT IS SO STIPULATED.

5

DATED the 7th day of March, 2025.

DATED the 7th day of March, 2025.

6

MCMENEMY HOLMES PLLC

LEWIS BRISBOIS BISGAARD & SMITH,
LLP

/s/ Ian M. McMenemy__________ _
Ian M. McMenemy, Esq.
Nevada Bar No. 13190
Dustun H. Holmes, Esq.
Nevada Bar No. 12776
1645 Village Center Cir., Suite 291
Las Vegas, Nevada 89134
Attorneys for Plaintiff
LILLIAN KELLY

/s/ Steven L. Foremaster
_
JOSH COLE AICKLEN
Nevada Bar No. 07254
CRAIG S. NEWMAN
Nevada Bar No. 03780
STEVEN L. FOREMASTER
Nevada Bar No. 10350
6385 S. Rainbow Blvd., Ste. 600
Las Vegas, Nevada 89118
Attorneys for Defendants
ROSS STORES, INC. and
ROSS DRESS FOR LESS, INC.

7
8
9
10
11
12
13
14
15
16

ORDER
IT IS SO ORDERED.

17
18

March
10th day of ______________________,
Dated this _____
2025.

19
_______________________________________
UNITED J.
STATES
DISTRICT COURT JUDGE
DANIEL
ALBREGTS
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28

153930106.1

4