Jenkins v. Amazon.com Services, LLC

Filing 41

ORDER Granting 39 Stipulation for Extension of Time re 30 Motion to Dismiss and 31 Motion to Stay Case. Responses due by 11/15/2024. Replies due by 12/2/2024. Signed by Judge Gloria M. Navarro on 11/25/2024. (Copies have been distributed pursuant to the NEF - RJDG)

Jason Kuller, NV Bar No. 12244
Robert Montes, Jr., Pro Hac Vice
2 CA Bar No. 159137
Rachel Mariner, NV Bar No. 16728
3
RAFII & ASSOCIATES, P.C.
4 1120 N. Town Center Dr., Ste. 130
Las Vegas, Nevada 89144
5
Phone: [phone]
6 Fax: [phone]
[e-mail]
7
[e-mail]
8 [e-mail]
Attorneys for Plaintiff
9
EXCELLENCE | COMMITMENT | RESULTS

RAFII & ASSOCIATES, P.C.

1

10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12
13
14

RAYSHAWN JENKINS, an
individual, on behalf of himself
and all others similarly situated,

15
16
17
18
19

v.

Plaintiff,

AMAZON.COM SERVICES,
LLC, a foreign limited liability
company; and DOES 1-50,
inclusive,
Defendants.

Case No. 2:24-CV-01562
STIPULATION TO EXTEND TIME FOR
PLAINTIFF’S RESPONSE AND
DEFENDANT’S REPLY TO
DEFENDANT’S MOTION TO DISMISS
AND/OR STAY THE CASE
(THIRD REQUEST)

20
21
22
23
24
25
26
27
28

1
THIRD STIPULATED REQUEST TO EXTEND TIME FOR
PLAINTIFF’S RESPONSES AND DEFENDANT’S REPLY

1

Plaintiff Rayshawn Jenkins and Defendant Amazon.Com Services LLC

2 (collectively “Parties”), by and through their undersigned counsel, hereby stipulate,
3 agree, and request that the previous deadlines for Plaintiff to respond to Defendant’s
4 Motion to Dismiss and/or Stay the Case (“Motion”) [ECF Nos. 30 & 31] and for
5 Defendant to reply in support of its Motion be extended up to and including November
6 15, 2024, for Plaintiff and up to and including December 2, 2024, for Defendant.
7

1.

Plaintiff’s responses (“Responses”) to Defendant’s Motion to Dismiss

8 And/or Stay the Case was originally due to be filed on November 1, 2024.
EXCELLENCE | COMMITMENT | RESULTS

RAFII & ASSOCIATES, P.C.

9 Defendant’s original deadline to reply was November 8, 2024.
10

2.

The Parties stipulated to an extension of these deadlines (first request) on

11 November 1, 2024, which the Court granted the same day.

[ECF Nos. 24, 36.]

12 Pursuant to the stipulated extension, Plaintiff’s Responses were due to be filed one
13 week later on November 8, 2024, and Defendant’s deadline to reply was extended to
14 November 20, 2024.
15

3.

The Parties then stipulated to a second extension of these deadlines on

16 November 12, 2024, which the Court granted on the following day, November 13,
17 2024. [See ECF Nos. 37, 38.] Pursuant to this second extension, Plaintiff’s Responses
18 were due to be filed on the same day of the stipulation (November 12, 2024), whereas
19 Defendant’s deadline to reply was extended to November 25, 2024.
20

4.

Unfortunately, due to the same reasons articulated in the second

21 extension – the ongoing medical caregiving responsibilities of Plaintiff’s counsel – as
22 well as the departure of a legal associate on October 25, 2024, Plaintiffs’ counsel has
23 had limited work availability, while at the same time having to take over responsibility
24 for new work matters left by the departed associate. Some of these new matters also
25 have time-sensitive deadlines. For example, Plaintiff’s counsel is responsible for
26 filing a significant motion for conditional certification today that was previously
27 assigned to the now-departed associate. Pursuant to Local Rule LR IA 6-1(a), the
28

2
THIRD STIPULATED REQUEST TO EXTEND TIME FOR
PLAINTIFF’S RESPONSES AND DEFENDANT’S REPLY

1 failure of Plaintiff’s counsel to meet the extended deadline has been the result of
2 excusable neglect beyond his control. Plaintiff in this case should not be prejudiced
3 by the exigent personal and professional circumstances of undersigned counsel.
4

5.

Despite limited work availability and expanded work responsibilities,

5 Plaintiff’s counsel has navigated this Scylla and Charybdis to devote most of his work
6 focus and energy on Plaintiff’s Responses, but there still has been insufficient time to
7 adequately respond to Defendant’s Motion. Plaintiff contends the Responses required
8 in this case are more complicated than most because there are two other pending cases
EXCELLENCE | COMMITMENT | RESULTS

RAFII & ASSOCIATES, P.C.

9 involved, one of which certified a question to the Nevada Supreme Court, as well as
10 previous litigation against Amazon, all of which are germane to Defendant’s Motion.
11 Adequately responding to Defendant’s Motion has thus required the assimilation of
12 three court dockets (two in the District Court of Nevada, one in the Nevada Supreme
13 Court), as well as the nine-year history of the previous litigation.
14

6.

Plaintiff’s counsel has worked as diligently and conscientiously as

15 possible on Plaintiff’s Responses since the last extension, and the Responses will be
16 filed today (regardless of their final shape or condition).

Plaintiff’s counsel

17 respectfully requests that the Court extend the current stipulated deadline to today,
18 November 15, 2024, which represents a three-day extension from the last extended
19 deadline. Defendant does not oppose this brief extension.
20

7.

The Parties further agree to a brief extension for Defendant’s reply from

21 thirteen (13) days to seventeen (17) days following Plaintiff’s Responses because of
22 the upcoming Thanksgiving holiday.
23

8.

Neither of these brief

extensions will unduly delay this action or

24 prejudice either party.
25

9.

Whereby the Parties hereby stipulate to extend Plaintiff’s deadline to file

26 his Responses up to and including November 15, 2024, and to extend Defendant’s
27 deadline to file its reply up to and including December 2, 2024.
28

3
THIRD STIPULATED REQUEST TO EXTEND TIME FOR
PLAINTIFF’S RESPONSES AND DEFENDANT’S REPLY

CERTIFICATE OF SERVICE
I hereby certify that, on the date shown file stamped above, I electronically
filed the foregoing pleading with the United States District Court of Nevada using
the CM/ECF document filing system and that, to the best of my knowledge, it was
served on all parties registered as CM/ECF users in this case.
/s/ Jason Kuller
Jason Kuller
Of Counsel
RAFII & ASSOCIATES, P.C.
1120 N. Town Center Dr., Suite 130
Las Vegas, Nevada 89144
Tel: [phone]
Fax: [phone]
[e-mail]