Ballinger v. Prime Healthcare Services - Reno, LLC

• Court: District Court, D. Nevada
• Decided: June 14, 2022
• Docket: 3:22-cv-00084
• Status: Unknown

Opinion

1 WILLIAM J. GEDDES Nevada Bar No. 6984 2 KRISTEN R. GEDDES Nevada Bar No. 9027 3 THE GEDDES LAW FIRM, P.C. 1575 Delucchi Lane, Suite 206 4 Reno, Nevada 89502 Phone: (775) 853-9455 5 Fax: (775) 299-5337 Email: Will@TheGeddesLawFirm.com 6 Email: Kristen@TheGeddesLawFirm.com Attorney for Plaintiff Rebecca Ballinger 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 REBECCA BALLINGER, CASE NO.: 3:22-cv-00084-MMD-CLB 11 Plaintiff, ORDER ON STIPULATION FOR: 12 vs. (1) PLAINTIFF TO FILE SUPPLEMENTAL 13 PRIME HEALTHCARE SERVICES – RENO, BRIEF RE INTERVENING CHANGE IN LLC, a Foreign Limited Liability Company, LAW; and 14 dba St. Mary’s Regional Medical Center. (2) ENLARGEMENT OF TIME FOR 15 Defendant. DEFENDANT TO FILE REPLY BRIEF ON: 16 Defendant’s Partial Motion to Dismiss Plaintiff’s 17 Complaint (ECF 005) 18 (First Request) 19 20 The parties to this action, by and through their undersigned counsel of record hereby stipulate 21 that Plaintiff may file a supplemental brief (“Supplemental Brief”) to ECF 011, to address an 22 intervening change in legal authority announced in Morgan v. Sundance, Inc., 29 Fla. L. Weekly Fed. 23 S. 290 (U.S. 2022, decided May 23, 2022), 2022 U.S. LEXIS 2514, regarding the legal standard as to 24 whether a party has waived arbitration, which impacts the legal arguments presented in Plaintiff’s 25 Opposition (“Opposition” ECF 011) to Defendant’s Motion for Partial Dismissal (ECF 005), at ECF 26 011, § IV(B), at 9:19-13:24. This intervening change in legal authority, decided May 23, 2022, was 27 decided by the U.S. Supreme Court one day before Plaintiff filed her opposition brief of ECF 011, on 28 May 24, 2022, and Plaintiff’s counsel was unaware of the Morgan decision at the time of filing 1 || Plaintiffs opposition brief. 2 As well, the parties to this action, by and through their undersigned counsel of record furth 3]| stipulate that Defendant may have an enlargement of time to file one single reply brief to t 4|| Opposition and Supplemental Brief, rather than filing a reply to the Opposition and a surreply to t Supplemental Brief, according to the deadlines prescribed by Local Rule 7-2(b), permitting Defenda 6|| seven days to file such a single reply brief. 7 As to the timing of such supplemental briefing, the parties stipulate that Plaintiff may file h 8 || supplemental brief not later than seven days after the Court issues any order permitting her to file 9 || supplemental brief, to address the intervening change in legal authority announced in Morgan. As we 10]| the parties stipulate that Defendant may file a single reply, addressing both the Opposition a1 Supplemental Brief within seven days after any Supplemental Brief is filed. 12]| This Stipulation is not offered for any dilatory or improper purpose. 13 Dated this 10™ day of June 2022. Dated this 10 day of May 2022. 14 LITTLER MENDELSON THE GEDDES LAW FIRM, P.C. 15 Electronic Signature Authorized ,

16 By: /s/ hye jlnee 17 KARYN M. TAYLOR, ESQ., LLIAM J. GEDDES, ESQ. Nevada Bar Number 6142 Nevada Bar Number 6984 18 kmtaylor@littler.com will@thegeddeslawfirm.com 200 South Virginia Street, 8th Floor 1575 Delucchi Lane, Suite 206 19 Reno, NV 89501 Reno, Nevada 89502 20 Telephone: (775) 348-4888 (775) 853-9455 Attorneys for Defendant Attorney for Plaintiff Rebecca Ballinger 21 Prime Healthcare Services — Reno, LLC 22 ORDER 23 24|| Dated: _ 6/14/2022 IT IS SO ORDERED 25 26 27 MIRANDA M. DU 28 CHIEF UNITED STATES DISTRICT JUDGE