Sexton v. Spirit Airlines, Inc.

Opinion

James A. Clark, Bar No. 278372 james.clark@towerlegalgroup.com Renee P. Ortega, Bar No. 283441 renee.parras@towerlegalgroup.com Ariel A. Pytel, Bar No. 328917 ariel.pytel@towerlegalgroup.com 11335 Gold Express Drive, Suite 105 Sacramento, California 95670 Telephone: 916.361-6609 Fax No.: 916.361.6019 Attorneys for Plaintiff, SCOTT SEXTON [Additional counsel on following page] SCOTT SEXTON, Case No. 2:21-cv-00898-TLN-AC Plaintiff, JOINT STIPULATION AND ORDER REGARDING CASE STATUS v. SPIRIT AIRLINES, INC.,1 a Delaware Corporation; and Does 1-10, inclusive, Defendant. 1 Spirit’s legal name has changed from Spirit Airlines, Inc. to Spirit Airlines, LLC. Spirit Airlines, Nicholas McKinney, Bar No. 322792 nmckinney@littler.com 500 Capitol Mall, Suite 2000 Sacramento, California 95814 Telephone: 916.830.7200 Fax No.: 916.561.0828 Benjamin Sanchez, Bar No. 313871 BSanchez@littler.com Treat Towers 1255 Treat Boulevard, Suite 600 Walnut Creek, CA 94597 Telephone: 925.932.2468 Fax No.: 925.946.9809 Miguel A. Morel (Pro Hac Vice) mamorel@littler.com LITTLER MENDELSON, P.C. 333 SE 2nd Avenue, Suite 2700 Miami, FL 33131 Telephone: 305.400.7500 Fax No.: 305.603.2552 Attorneys for Defendant SPIRIT AIRLINES, INC. Pursuant to the Court’s order on April 3, 2025 [ECF 45], Plaintiff Scott Sexton (“Plaintiff”) and Defendant Spirit Airlines, LLC. (“Defendant”) (collectively, the “Parties”), by and through their respective counsel of record, hereby agree and respectfully stipulate as follows: WHEREAS, on May 18, 2021, this Court issued its Initial Pretrial Scheduling Order [ECF 2] (“Scheduling Order”), which set all trial related deadlines, including deadlines and procedures relating to discovery, disclosure of expert witnesses, supplemental discovery, dispositive motions, and trial setting. WHEREAS, on June 14, 2023, pursuant to the Parties’ Joint Stipulation and Court Order [ECF 32], the discovery cutoff date (and related deadlines) was set for November 27, 2024. WHEREAS, on November 20, 2024, Defendant filed a Notice of Suggestion of Bankruptcy and Automatic Stay of Proceedings [ECF 40]. Pursuant to the Notice, the Court stayed the action to be reopened at the request of the Parties [ECF 41]. WHEREAS, on April 2, 2025, Defendant filed a Notice of Effectiveness of Chapter 11 Plan of Reorganization of Spirit Airlines [ECF 43], notifying the Court that the Bankruptcy stay no longer applied and that litigation may resume. WHEREAS, on April 3, 2025, this Court reopened this Action and directed the Parties to file a Stipulation and Proposed Order, or Joint Status Report, including proposed scheduling dates moving forward [ECF 45]. WHEREAS, in light of the stay resulting from Defendant’s Bankruptcy Proceedings, the Parties were unable to follow up on key discovery items during the stay and need additional time to complete discovery. As such, good cause exists to modify the Court’s Order setting the discovery cutoff date for November 27, 2024 [ECF 32], to allow the parties additional time to complete discovery. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (district court given broad discretion in supervising the pretrial phase of litigation, including modifying the scheduling order for good cause and with the judge’s consent); see e.g., Hood v. Hartford Life & Acc. Ins. Co., 567 F.Supp.2d 1221, 1224 (E.D. Cal. 2008) (granting request for modification that was promptly made when it became apparent that compliance with the scheduling order was not possible). THEREFORE, upon good cause shown, the Parties hereby agree and stipulate that the discovery cutoff date (and related dates) shall be extended by 60 days, to July 1, 2025, to allow the Parties to complete discovery. The Parties agree to resume all other trial related dates pursuant to the Court’s Initial Pretrial Scheduling Order [ECF 2]. Dated: May 2, 2025 LITTLER MENDELSON, P.C. /s/ BENJAMIN SANCHEZ Attorneys for Defendant Spirit Airlines, Inc. Dated: May 2, 2025 TOWER LEGAL GROUP, P.C. /s/ JAMES A. CLARK RENEE P. ORTEGA ARIEL A. PYTEL Attorneys for Plaintiff SCOTT SEXTON PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS: e The Discovery Cutoff Date (and related deadlines) is extended by 60 days, to July 1, 2025. e With the exception of the discovery cutoff date, currently set for July 1, 2025, all other trial related dates noted in the Court’s Initial Pretrial Scheduling Order [ECF 2] shall remain in effect. DATED: May 2, 2025 7, Troy L. Nunley Chief United States District Judge