JASMINE SOLARES and ESTEFANIA CORREA v. AMAZON.COM SERVICES LLC

Opinion

BRADLEY J. HAMBURGER, (pro hac vice) LEON GREENBERG MEGAN COONEY (pro hac vice) Nevada Bar No. 8094 GIBSON, DUNN & CRUTCHER LLP RUTHANN DEVEREAUX-GONZALES 333 South Grand Avenue Nevada Bar No. 15904 Los Angeles, California 90071-3197 LEON GREENBERG PC Telephone: 213.229.7000 1811 Rainbow Blvd., Suite 210 Email: bhamburger@gibsondunn.com Las Vegas, Nevada 89146 Email: mcooney@gibsondunn.com Telephone: 702.383.6085 Email: Ranni@overtimelaw.com MONTGOMERY Y. PAEK Nevada Bar No. 10176 JAMES P. KEMP AMY L. THOMSON Nevada Bar No. 6375 Nevada Bar No. 11907 KEMP & KEMP, ATTORNEYS AT LAW LITTLER MENDELSON, P.C. 7435 W. Azure Drive, Suite 110 3960 Howard Hughes Parkway Las Vegas, Nevada 89130 Suite 300 Telephone: 702.258.1183 Las Vegas, NV 89169 Email: jp@kemp-attorneys.com Telephone: 702.863.8800 Facsimile: 702.862.8811 Attorneys for Plaintiff Email: mpack@littler.com JASMINE SOLARES and ESTEFANIA Email: athompson@littler.com CORREA Attorneys for Defendant AMAZON.COM SERVICES LLC JASMINE SOLARES, ESTEFANIA CASE NO. 2:24-cv-00881-EJY CORREA RESTREPO, and STEVEN REID, Plaintiffs, JOINT STIPULATION AND PROPOSED v. ORDER TO REVISE MOTION TO DISMISS BRIEFING SCHEDULE AND AMAZON.COM SERVICES LLC, DEFER DISCOVERY PLAN AND CASE Defendant. [FIRST REQUEST] Plaintiffs JASMINE SOLARES, ESTEFANIA CORREA RESTREPO, and STEVEN REID (“Plaintiffs”) and DEFENDANT AMAZON.COM SERVICES LLC (“Defendant”), by and through their undersigned counsel, hereby agree and stipulate as follows: WHEREAS, on July 5, 2024, Defendant filed a Motion to Dismiss and/or Stay Plaintiffs’ case (Dkt. 15); WHEREAS, on January 8, 2025, the Court dismissed Plaintiffs’ claim under the Fair Labor Standards Act (count 1) and stayed Plaintiffs’ Nevada state law claims (counts 2 and 3) “until such time as the Nevada Supreme Court issued its decision in Malloy v. Amazon.com Services LLC, Nev. Case No. 89314” (Dkt. 53); WHEREAS, on October 30, 2025, the Nevada Supreme Court issued its decision in Amazon.com Servs., LLC v. Malloy, 141 Nev. Adv. Op. 50 (2025), finding “the Nevada Legislature did not intend to incorporate the [Portal-to-Portal Act’s] exceptions to compensable work activities into its wage-hour laws”; WHEREAS, on November 13, 2025, following the issuance of the Nevada Supreme Court’s decision in Malloy, and consistent with this Court’s January 8, 2025, order, the parties proposed a supplemental briefing schedule for Plaintiffs’ remaining Nevada state law claims, as well as a deadline to file an agreed upon proposed discovery schedule (Dkt. 55); WHEREAS, on November 14, 2025, the Court granted the parties’ proposed schedule, ordering the parties to submit a discovery schedule by December 4, 2025, and ordering Defendant to submit supplemental briefing on its Motion to Dismiss by December 11, 2025; WHEREAS, following the Nevada Supreme Court’s decision in Malloy, the Nevada Legislature passed Senate Bill 8, which Governor Joe Lombardo signed into law on November 20, 2025, to clarify that Nevada law incorporates the Portal-to-Portal Act (“SB 8”); WHEREAS, following the enactment of SB 8, Nevada Revised Statute § 608.016 now “exclude[s] from hours of work such time excluded by . . . the Portal-to-Portal Act”; WHEREAS, the parties have conferred and agree that alteration of the current schedule will ensure that the parties will have sufficient time to analyze and brief the impact of SB 8 on this case to the Court without unduly delaying resolution of this case, and will conserve court and party resources; THEREFORE, subject to the approval of the Court, the parties hereby agree and stipulate that: 1. Defendant shall file its Renewed Motion to Dismiss on or before December 18, 2025. 2. Plaintiffs shall file a response to Defendant’s Renewed Motion to Dismiss on or before January 22, 2026. 3. Defendant shall file its reply in support of its Renewed Motion to Dismiss on or before February 12, 2026. 4. Discovery shall be deferred until the Court issues an order on Defendant’s Renewed Motion to Dismiss. / / / / / / / / / 5. The parties will submit a further discovery plan and case schedule for the remaining claims, if any, on or before 21 days after the Court issues an order on Defendant’s Renewed Motion to Dismiss if the Court permits any claims in the case to proceed. Dated: December 3, 2025 By: /s/ Amy L. Thompson MONTGOMERY Y. PAEK LITTLER MENDELSON, P.C. MEGAN COONEY Attorneys for Defendant AMAZON.COM SERVICES LLC Dated: December 3, 2025 By: /s/ Leon Greenberg LEON GREENBERG RUTHANN DEVEREAUX-GONZALES LEON GREENBERG PC JAMES P. KEMP KEMP & KEMP, ATTORNEYS AT LAW Attorneys for Plaintiff JAMES SOLARES and ESTEFANIA CORREA Dated: __D_e_c_e_m_b_e_r_ 3_,_ 2_0_2_5________ _____________________________________ UNITED STATES MAGISTRATE JUDGE