Yoakum v. Lobby Stores, Inc.

Opinion

1 LAWRENCE & LAWRENCE LAW, PLLC Nathan E. Lawrence, NBN 15060 2 || Joseph P. Lawrence, NBN 16726 3 9480 S. Eastern Ave., Ste. 213 Las Vegas, Nevada 89123 4 || Telephone: 702-534-6556 5 || Facsimile: 702-602-5168 nathan@law2esq.com 6 joseph@law2esq.com 7 || Attorneys for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 2 10 JATYAUNA RAYSHAWN YOAKUM, an Case No.: 2:23-cv-01740-APG-DJA & 11 || individual; and JOHNTOVIA PRESTON, an individual; collectively, wm 12 oO Plaintiffs, STIPULATION AND ORDER TO 3 EXTEND DEADLINE FOR 14 Vv. PLAINTIFFS TO FILE RESPONSES TO Sh DEFENDANTS’ MOTIONS FOR

| HOBBY LOBBY STORES, INC.,a foreign | PARTIAL SUMMARY JUDGMENT = 16 corporation; PETEFISH GENE PETEFISH, | [ECF Nos. 39 and 40] and FOR £ an individual; and DOES I to X, inclusive; DEFENDANTS’ REPLIES THERETO = !7 collectively, < 8 Defendants. (First Request) 19 20 Pursuant to Fed. R. Civ. P. (““FRCP) 6(b)(1) and Local Rules JA 6-1 and JA 6-2, Plaintiffs 21 |} JATYAUNA RAYSHAWN YOAKUM and JOHNTOVIA PRESTON, by and through their 22 || attorneys of the law firm of LAWRENCE & LAWRENCE LAW, PLLC, and Defendants HOBBY 23 || LOBBY STORES, INC. and PETEFISH GENE PETEFISH, by and through their attorneys of 24 ||the law firm of OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., hereby submit this 25 || Stipulation and Order to Extend the Deadline for Plaintiffs to File Responses to Defendants’ 26 || Motions for Partial Summary Judgment [ECF Nos. 39 and 40]. 27 This is the first stipulation to extend the indicated deadline following the filing by the 28 || Defendants of their respective motions on May 21, 2025, and this stipulation is presented to the

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1 || Court in advance of the current deadline of June 11, 2025. For the foregoing reasons and as is 2 || more fully explicated below, the Parties stipulate to and respectfully request that this Court extend 3 || the noted deadlines. This request for extension is made in good faith and not for the purpose of 4 || delay. LEGAL STANDARD 6 Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, in relevant part, that 7 “[w]hen an act may or must be done within a specified time, the court may, for good cause, extend 8 || the time: (A) with or without motion or notice if the court acts, or if a request is made, before the 9 original time or its extension expires.” If additional time for any purpose is needed, the proper 10 || procedure is to present a request for extension of time before the time fixed has expired. Canup 11 Mississippi Val. Barge Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). An extension of time may = 12 |)always be sought and is usually granted on a showing of good cause if timely made under 13 || subdivision (b)(1) of [FRCP 6]. Creedon v. Taubman, 8 F.R.D. 268 (N.D. Ohio 1947). Also, a = 14 || district court possesses the inherent power to control its own docket. Hamilton Copper & Steel = 15 || Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Olivia v. Sullivan, 958 F.2d 2 16 || 272, 273 (9th Cir. 1992). = 17 LR IA 6-1 additionally requires that a motion to extend time must state the reasons for the < 18 || extension requested and will not be granted if requested after the expiration of the specified period 19 ||} unless the movant demonstrates that the failure to file the motion before the deadline expired 20 |} resulted because of excusable neglect. LR 26-3 requires that a motion to extend any date set by 21 || the discovery plan, scheduling order, or other order must, as well as satisfying the requirements 22 LR JA 6-1, demonstrate good cause for the extension. 23 ARGUMENT 24 Plaintiffs’ counsel has been actively working to timely complete the response to the 25 || pending motions, however, a brief extension has become necessary. During the initial response 26 || period, Plaintiff's counsel was out of the country for eight days on a previously scheduled and 27 || unavoidable trip, during which trip Plaintiffs’ counsel unfortunately suffered a dislocated left middle finger and broken middle metacarpal, which injury and treatment therefor have created

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1 |}some difficulties and delays following counsel’s return to the country. The parties stipulate that 2 || each of the noted events constitute good cause for the requested extension. 3 Accordingly, the parties stipulate that the time for Plaintiffs to file their response to 4 || Defendants pending Motions for Partial Summary Judgment should be extended from June 11, 5 2025, to June 20, 2025. Defendants’ Reply brief deadline should therefore be extended to 6 || Monday, July 14, 2025. 7 IT IS SO STIPULATED.

9 || DATED this 9" day of June 2025. DATED this 9" day of June 2025. 10 || LAWRENCE & LAWRENCE LAW, OGLETREE, DEAKINS, NASH, SMOAK & S 1 || PLLC STEWART, P.C. = 12 /s/ Noel M. Hernandez 3 13 || NathairE-Layrence, NBN 15060 Molly M. Rezac, NBN 7435 Joseph P. Lawrence, NBN 16726 Kathryn C. Newman x ||| 9480 S. Eastern Ave., Ste. 213 Noel M. Hernandez 1s || Las Vegas, Nevada 89123 Attorneys for Defendants Hobby Lobby 3 Telephone: 702-534-6556 Stores, Inc. & Petefish Gene Petefish 3 '° Facsimile: 702-602-5168 = 17 || nathan@law2esq.com < 18 joseph@law2esq.com Attorneys for Plaintiffs 19 20 21 IT IS SO ORDERED. 22 23 24 Cow ANDREW P. GORDON 25 CHIEF UNITED STATES DISTRICT JUDGE *6 DATED: June 10, 2025 27 28

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