Peplowski v. 99 Cents Only Stores LLC

Opinion

1 JNaecvka Pd.a BSutartdee nB,a Er sNqo. . 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 Dallin Knecht, Esq. 4 Nevada State Bar No. 16263 BACKUS | BURDEN 5 3050 South Durango Drive Las Vegas, NV 89117 6 (702) 872-5555 (702) 872-5545 7 jburden@backuslaw.com 8 dallinknecht@backuslaw.com Attorneys for Defendant, 9 Albertson’s LLC 11 DISTRICT OF NEVADA 12 SHARON PEPLOWSKI, an individual, ) Case No. 2:21-cv-01990-ART-VCF 13 ) Plaintiff, ) 14 vs. ) ) STIPULATION AND ORDER TO 15 ALBERTSON’S LLC, a Foreign Limited ) CONTINUE DEADLINE FOR 16 Liability Company, d/b/a ALBERTSON’S #93, ) PROPOSED JOINT PRETRIAL ORDER BOULDER INVESTCO, LLC, a Foreign ) FOR 14 DAYS 17 Limited Liability Company, SUPERIOR ) ELECTRICAL, MECHANICAL AND ) 18 PLUMBING, INC., a Foreign Corporation, ) DOE EMPLOYEES I through X, and ROE ) 19 BUSINESS ENTITIES I through X inclusive ) 20 ) Defendants. ) 21 ) ) 22 ) ) 23 ) 24 Plaintiff SHARON PEPLOWSKI (“Plaintiff”), by and through her counsel of record, 25 Kevin R. Hansen, Esq. and Amanda A. Harmon, Esq. of the LAW OFFICES OF KEVIN R. HANSEN, 26 and Defendants Albertson’s LLC (“Albertson’s”), by and through its attorneys of record, Jack P. 27 Burden, Esq. and Dallin Knecht, Esq. of the law firm of BACKUS | BURDEN, and Defendant 28 1 Ferris, Esq., of the law firm LUH & ASSOCIATES, hereby stipulate and agree to an extension of the 2 deadline to file the Proposed Joint Pretrial Order by fourteen (14) days. 3 The Proposed Joint Pretrial Order is currently due to the Court by June 20, 2023. The 4 Parties anticipate potential resolution of this case prior to trial. The requested extension will allow 5 the parties sufficient time to engage in discussions regarding resolution and/or prepare the Joint 6 Pretrial Order. 7 Pursuant to LR IA 6-1(a), the Parties hereby aver that this is the first extension requested 8 as it relates to the Joint Pretrial Order. Moreover, pursuant to Local Rule 26-3, it is respectfully 9 submitted by the Parties’ that good cause exists for an extension of this deadline, as mentioned 10 above. Further, failure to request the instant extension prior to the filing deadline was the result of 11 excusable neglect; specifically noting the failure to request the extension at an earlier date was a 12 mere oversight by the Parties. See Bateman v. U.S. Postal Service, 231 F.3d 1220 (9th Cir. 2000). 13 Further: 1) there is no danger of prejudice as the extension is stipulated by the Parties; 2) a thirty 14 (30) day extension will not impact a trial date because the same has not been scheduled; 3) the 15 Parties are hopeful to attend a settlement conference prior to trial; and 4) the requested extension is 16 made in good faith by the Parties. Pioneer Investment Services v. Brunswick Associate’s, Ltd., 17 507 U.S. 380, 395 (1993). 18 . . . 19 . . . 20 . . . 21 . . . 22 . . . 23 . . . 24 . . . 25 . . . 26 . . . 27 . . . 28 . . . 1 As such, the Parties stipulate and agree to jointly ask the Court to extend the deadline to 2 submit the Proposed Joint Pretrial Order by 14 days to July 4, 2023. 4 5 DATED: this 20th day of June, 2023. DATED: this 20th day of June, 2023. 6 LAW OFFICES OF KEVIN R. HANSEN BACKUS | BURDEN 7 By: /s/___ Kevin R. Hansen By: /s/ Dallin Knecht 8 Kevin R. Hansen, Esq. Jack P. Burden, Esq. Nevada Bar No. 6336 Nevada Bar No. 6918 9 Amanda A. Harmon, Esq. Dallin Knecht, Esq. Nevada Bar No. 15930 Nevada State Bar No. 16263 10 2625 S. Rainbow Blvd. St. C-106 3050 South Durango Drive Las Vegas, NV 89146 Las Vegas, NV 89117 Attorneys for Plaintiff Attorneys for Defendant 12 Sharon Peplowski Albertson’s LLC 13 DATED: this 20th day of June, 2023 15 . . By: /s/ D. Jason Ferris 16 D. Jason Ferris, Esq. 17 Nevada State Bar No. 7698 8987 W. Flamingo Road, Suite 100 18 Las Vegas, Nevada 89147 19 (702) 367-8899 Attorneys for Defendant/Third-Party Defendant 20 Superior, Electrical, Mechanical & Plumbing, Inc. 22 IT IS HEREBY ORDERED THAT THE PARTIES SHALL SUBMIT THE PROPOSED JOINT 23 PRETRIAL ORDER BY JULY 4, 2023. 24 IT IS SO ORDERED. 25 21st DATED THIS DAY OF JUNE 2023 26 .,