Kegel v. Brown & Williiamson Tobacco Corporation

Filing 177

ORDER APPROVING 176 parties' to amend scheduling order. The deadline for submitting the proposed joint pretrial order shall be no earlier than 30 days after the determination of the pending motion to amend to permit interlocutory appeal & the determination of such appeal if allowed. See order re specifics. Signed by Judge Larry R. Hicks on 10/27/09. (Copies have been distributed pursuant to the NEF - SL)

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Jonathan J. Whitehead, NV Bar No. 4415 WHITEHEAD & WHITEHEAD 6121 Lakeside Drive, Suite 200 Reno, NV 89511 Telephone: [phone] Facsimile: [phone] Sean P. Rose, NV Bar No. 5472 ROSE LAW OFFICE 150 Huffaker Lane, Suite 101 Reno,NV 89511 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

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10 11 12 13 14 15 16 17 18 19 20 21 vs. 22 23 24 25 26 27 28
ORRIS PETERSON
ATTORNEYS AT LAW JO NEIL ROAD, SUITE 555 REND, NEVADA 89511 7 7 5 / 8 2 9 6 OOO FAX [phone]

Suellen Fuistone, NV Bar No. 1615 MORRIS PETERSON 6100 Neil Road, Suite 555 Reno, NV 89511 Telephone: [phone] Facsimile: [phone] Attorneys for defendants R.J. Reynolds Tobacco Company and Reynolds American Inc. Special Severance Pay Plan UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

STEVEN A. KEGEL, Plaintiff

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BROWN & WILLIAMSON TOBACCO CORPORATION; et al., Defendants.

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Case No. CV-N-06-0093 -LRH(VPC)

STIPULATION TO AMEND SCHEDULING ORDER

AND ORDER
(SIXTH REQUEST)

Pursuant to Local Rules 6-1 and 7-1, Plaintiff, Steven Kegel, and Defendants R.J. Reynolds Tobacco Company, for itself and as successor-in-interest to Brown & Williamson Tobacco Company and the Reynolds American Inc. Special Sev erance Pay Plan (named

1 2 erroneously by plaintiff as the Brown & Williamson Tobacco Corporation/Reynolds American, Inc. Special Severance Benefits), recite as follows: 4 1. As previously amended, the Scheduling Order in this case provides that the Joint

Pretrial Order shall be flied no later than thirty (30) days after the determination of dispositive 6 motions. (Docket No. 106) 2. 8 The Court entered its order granting in part and denying in part the defendants'

motion for summary judgment on March 3, 2009. (Docket No. 150) As part of that order, the Court allowed plaintiff to file a Fifth Amended Complaint.

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3.

Plaintiff filed both a motion for reconsideration of the Court's order on summary

judgment and a Fifth Amended Complaint on March 26, 2009. (Docket Nos. 155, 154) 12 13 14 4. On April 16, 2009, defendant R.J. Reynolds Tobacco Company filed a motion to

dismiss the Tenth Claim for Relief added by the Fifth Amended Complaint. (Docket No. 160) 5. On September 25, 2009, the Court entered its order granting reconsideration in

part and denying the motion to dismiss the Tenth Claim for Relief. (Docket No. 173) 16 17 18 19 20 21 22 23 24 25 26 27 28
[ORRIS PETERSON
ATTORNEYS AT LAW 00 NEIL ROAD, SUITE 555 REND, NEVADA 89511 775/829-6000 FAX [phone]

6.

Defendants have moved to amend the order of dismissal to include the language

to permit interlocutory review by the Ninth Circuit Court of Appeals. (Docket No. 175) 7. Plaintiff and defendants disagree with respect to the deadline for filing the joint

pretrial order in this matter. Plaintiff believes that the joint pretrial order is due on October 26, 2009, which would be thirty (30) days from the date of the Court's decision granting reconsideration in part and denying the motion to dismiss the Tenth Claim for Relief. Defendants believe that, if the motion to amend to permit an interlocutory appeal is denied, consistent with the requirements of due process, the Court's decision to allow the plaintiff to file a fifth amended complaint nonetheless allows the defendants time to answer the new claim for relief, seek discovery with respect to that claim and pursue the dismissal of that claim on summary judgment and that the deadline for filing the joint pretrial order expires thirty (30) days after the decision on any such motion for summary judgment. 8. Plaintiff and defendants have agreed to extend the deadline for submitting the

joint pretrial order to not earlier than thirty (30) days after the determination of the pending 2

1 2 3 4 motion to amend to permit interlocutory appeal and the determination o f such appeal if allowed. Accordingly, plaintiff and defendants stipulate and ask the Cour t to approve the following amendment to the scheduling order: 1. 6 7 8 The deadline for submitting the joint pretrial order in this matter sha ll be no

earlier than thirty (30) days after the determination of the pending m otion to amend to permit interlocutory appeal and the determination of such appeal if allowed. 2. Defendants reserve the right to answer the Fifth Amended Complain t, to seek to

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DRRIS PETERSON
ATTORNEYS AT LAW )O NEIL ROAD, SUITE 555 SENO, NEVADA 89511 775/829-6000 FAX [phone]

reopen discovery, and to seek leave to move for summary judgmen t on the Tenth Claim for Relief. Plaintiff reserves the right to oppose all such efforts as well as to oppose the defendants' pending motion to amend to permit an interlocutory appeal of the decisi on denying the motion to dismiss the Tenth Claim for Relief. DATED this
th 16

day of October, 2009.

WHITEHEAD & WHITEHEAD and ROSE LAW OFFICE /s/ Jonathan J. Whitehead by_______________________ Attorneys for plaintiff

MORRIS PETERSON /s/ Suellen Fuistone by__________________________ Attorneys for defendant R.J. Reynolds Tobacco Company and the Reynolds American Inc. Special Severance Pay Plan ORDER

ITISSOORDERED.

DATED this 26th day of October, 2009.
Dated this day of October, 2009.

___________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE
District Judge

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