Sanchez v. Albertson's LLC

Opinion

1 JNaecvka Pd.a BSutartdee nB,a Er sNqo. . 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 Melissa J. Roose, Esq. Nevada State Bar No. 7889 4 BACKUS | BURDEN 3050 South Durango Drive 5 Las Vegas, NV 89117 6 T: (702) 872-5555 F: (702) 872-5545 7 jburden@backuslaw.com jacquelynfranco@backuslaw.com 8 MelissaRoose@backuslaw.com Attorneys for Defendant Albertson’s LLC 9 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 11 VICTOR SANCHEZ, Case No. 2:19-cv-02017-JAD-VCF 12 Plaintiff, 13 vs. 14 PROPOSED STIPULATION TO EXTEND ALBERTSON’S LLC, a foreign limited THE DEADLINE FOR FILING OF THE 15 liability company; DOES 1 through 100; and JOINT-PRE TRIAL ORDER ROE CORPORATIONS 101 through 200, 16 Defendant. 17 18 IT IS HEREBY STIPULATED AND AGREED between the parties that the deadline for 19 filing of the Joint Pre-Trial Order be continued for a period of four (4) days, up to and including 20 December 9, 2022. In support of this stipulation, the parties state as follows: 21 Pursuant to LR IA 6-1, the parties hereby aver that this is the first such discovery 22 extension requested for the purpose of extending the deadline of the Joint Pre-Trial Order. The 23 parties have entered eight previously granted proposed stipulations to extend discovery. 24 25 Moreover, pursuant to Local Rule 26-3, it is respectfully submitted the Parties’ failure to 26 request the instant extension of discovery twenty-one (21) days prior to the discovery cutoff was 27 the result of excusable neglect. Specifically noting the failure to request the extension of this 28 1 Cir. 2000). Further: 1) there is no danger of prejudice as the extension is stipulated by the Parties; 2) a 4 (4) day extension will not impact a trial date because the same has not been scheduled; and 3) 2 3 the requested extension is made in good faith by both Parties. Pioneer Investment Services v. 4 Brunswick Associate’s, Ltd., 507 U.S. 380, 395 (1993). 5 I. DISCOVERY COMPLETED 6 The parties have completed their discovery in this matter. 7 II. DISCOVERY REMAINING TO BE COMPLETED 8 The parties do not wish to extend the deadline for discovery. Rather this Proposed 9 Stipulation seeks a short continuance of the deadline to submit the Parties’ Joint Pre- 10 11 Trial Order. 12 III. THE REASONS WHY THE DEADLINE WAS NOT SATISFIED 13 Ongoing trial preparation has been extensive. The parties have been working together 14 on completion of their Joint Pre-Trial Order. However, the Thanksgiving Holiday has 15 caused delay in the finalization of the same. As such, the parties submit this Stipulation 16 and Order Seeking additional time for the filing of the Joint Pre-Trial Order. 17 IV. PROPOSED SCHEDULE FOR REMAINING DEADLINES: 18 19 Current Deadline for Submission of the Joint Pre-Trial Order: December 5, 2022. 20 Proposed Deadline for Submission of the Joint Pre-Trial Order: December 9, 2022. 21 . . . 22 . . . 23 . . . 24 . . . 25 . . . 26 27 . . . 28 . . . 1 The parties have entered into this Stipulation in an effort to ensure that all potential trial 9 || witnesses and documents are accurately identified in the Joint Pre-Trial Order. It is not the intent of 3 || the parties to cause undue delay. No trial date has been scheduled. 4 5 DATED: December 5, 2022 DATED: December 5, 2022 6 BACKUS, CARRANZA & BURDEN THE SCHNITZER LAW FIRM 4 /s/ Jacquelyn Franco /s/ Jordan Schnitzer 8 Jack P. Burden, Esq. Jordan P. Schnitzer, Esq. 9 Jacquelyn Franco, Esq. 9205 W. Russell Rd. Suite 240 3050 South Durango Drive Las Vegas, NV 89148 10 Las Vegas, NV 89117 Attorneys for Plaintiff Attorneys for Defendant Victor Sanchez w tl Albertson’s LLC

a 12 ne Sas 13 ORDER aga l4 IT IS SO ORDERED. pein 15 DATED: 12-8-2022 16 . “a8 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28