Smith v. United Parcel Service, Inc. et al

Filing 41

ORDER granting ECF No. 40 Stipulation to Extend Defendants' Deadline to File Reply Briefs as set forth in the Scheduling Order as Amended (ECF No. 32 ); and Allow Plaintiff to File Corrected Document in Place of ECF No. 37 memorandum. Defendants' reply brief deadline due by 5/7/2018. Signed by Judge Howard D. McKibben on 4/13/2018. (Copies have been distributed pursuant to the NEF - LH)

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MICHELLE D. ALARIE, ESQ.
Nevada Bar No. 11894
ARMSTRONG TEASDALE LLP
3770 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Defendants United Parcel Service,
Inc., United Parcel Service Flexible Benefit Plan,
and Aetna Life Insurance Company
J. TIMOTHY MCDONALD, ESQ. (pro hac vice)
Georgia Bar No.: 489420
THOMPSON HINE LLP
Two Alliance Center
3560 Lenox Road, Suite 1600
Atlanta, Georgia 30326
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Defendants United Parcel Service, Inc.
and United Parcel Service Flexible Benefit Plan

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WARREN SMITH
Plaintiff,

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v.
UNITED PARCEL SERVICE, INC., UNITED
PARCEL SERVICE FLEXIBLE BENEFIT
PLAN, and AETNA LIFE INSURANCE
COMPANY,
Defendants.

Case No. 3:17-cv-00137-HDM-WGC
ORDER GRANTING
STIPULATION TO: (1) EXTEND
DEFENDANTS’ DEADLINE TO FILE
REPLY BRIEFS AS SET FORTH IN THE
SCHEDULING ORDER AS AMENDED
BY ECF NO. 32; AND (2) ALLOW
PLAINTIFF TO FILE CORRECTED
DOCUMENT IN PLACE OF ECF NO. 37
[SECOND REQUEST – TO EXTEND
BREIFING DEADLINE ]

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Defendants United Parcel Service, Inc. (“UPS”) and United Parcel Service Flexible

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Benefit Plan (the “Plan”), by and through their counsel, Armstrong Teasdale LLP and Thompson

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Hine LLP (admitted pro hac vice), and Aetna Life Insurance Company (“Aetna” and collectively

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with UPS and Plan, the “Defendants”), by and through its counsel, Armstrong Teasdale LLP, and

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Plaintiff Warren Smith (“Plaintiff”), by and through his counsel Kent Law and Flanigan &

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Bataille (admitted pro hac vice), hereby stipulate and agree:

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1)

To extend the deadline for Defendants’ to file their reply briefs in support of their

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Motions for Summary Judgment filed on February 16, 2018 (ECF No. 33 & 34) by

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ten (10) days, from April 27, 2018, to May 7, 2018. This is the second request to

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extend Defendants’ reply brief deadline, and a hearing date has not been set for

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this matter; and

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2)

To allow Plaintiff to replace the documents currently on file as ECF No. 37 with

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the documents bearing ECF No. 39-1, which is the relief requested in Plaintiff’s

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Motion to for Leave to File an Amended Pleading (ECF No. 39).

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Pursuant to Fed. R. Civ. P. 6 and Local Rule LR IA 6-1, good cause exists to extend

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Defendants’ reply brief deadline. Counsel that has been primarily involved in the drafting of

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Defendants’ briefing for this matter and who will participate in drafting of the reply brief will be

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out of the office for personal reasons for a substantial amount of time prior to the reply brief

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deadline. As such, Defendants seek a short ten-day extension of their reply brief deadline to

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allow counsel the time necessary to fully participate in responding to Plaintiff’s Opposition to

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Defendants’ Motions for Summary Judgment. Plaintiff has no objection to this short extension of

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time. This case was initially filed on March 3, 2017, thus this short extension will not result in an

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unreasonable delay in having this matter decided. Furthermore, this stipulation is made in good

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faith and is not intended to unduly delay the proceedings.

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The parties also agree to allow Plaintiff to replace the document currently on file as ECF

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No. 37 with the corrected document currently on file as ECF No. 39-1, as requested in Plaintiff’s

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Motion to for Leave to File an Amended Pleading (ECF No. 39) (“Motion to Amend”). The

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corrected document simply corrects the date affixed at the end of Plaintiffs’ Reply/Opposition

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Brief and on the Certificate of Service, the footer, page numberings, and a few non-substantive

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grammatical and formatting issues. Based on this stipulation, once it approved by the Court, the
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relief requested in the Motion to Amend would become moot, with the Plaintiff withdrawing his

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Motion to Amend.

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For all of the above-mentioned reasons, the parties respectfully request that this Court

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approve this stipulation and allowing Defendants’ reply brief deadline to move from April 27,

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2018, to May 7, 2018; further allowing Plaintiff to replace the document currently on file as ECF

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Nos. 37 with the corrected document currently on file as ECF Nos. 39-1.

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Dated this 12th day of April, 2018.

Dated this 12th day of April, 2018.

FLANIGAN & BATAILLE

ARMSTRONG TEASDALE, LLP

By:/s/Michel W. Flanigan
MICHAEL W. FLANIGAN, ESQ.
Admitted Pro Hac Vice
1007 W. 3rd Ave., Suite 206
Anchorage, Alaska 99501
Telephone: [phone]
Facsimile: [phone]
[e-mail]

By:/s/Michelle D. Alarie
MICHELLE D. ALARIE, ESQ.
Nevada Bar No. 11894
3770 Howard Hughes Pkwy, Suite 200
Las Vegas, NV 89169
Counsel for Defendants United Parcel Service,
Inc., United Parcel Service Flexible Benefit Plan,
and Aetna Life Insurance Company

STEPHEN A. KENT, ESQ.
Nevada Bar No. 1251
LAW OFFICE OF STEPHEN KENT
201 West Liberty Street, Suite 320
Reno, Nevada 89501
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Plaintiff Warren Smith

J. TIMOTHY MCDONALD, ESQ.
Georgia Bar No. 489420
THOMPSON HINE LLP
Admitted Pro Hac Vice
Two Alliance Center,
3560 Lenox Road, Suite 1600
Atlanta, Georgia, 30326
Counsel for Defendants United Parcel Service,
Inc. and United Parcel Service Flexible Benefit
Plan

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ORDER

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
DATED: April 13, 2018
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