1 REBECCA BRUCH, ESQ. Nevada Bar No. 7289 2 LEMONS, GRUNDY & EISENBERG 3 6005 Plumas Street, Third Floor Reno, Nevada 89519 4 Tel. (775)786-6868 5 Email: [email protected]

6 Attorneys for Defendant

7 IN THE UNITED STATES DISTRICT COURT 8 IN AND FOR THE DISTRICT OF NEVADA 9

10 GUADALUPE ORTIZ, Case No. 3:21-cv-00335-MMD-CSD

11 Plaintiff, STIPULATION AND PROPOSED 12 ORDER TO EXTEND DEADLINE v. 13 FOR CONFIDENTIAL ENE STATEMENT 14 ALS USA, INC., a Nevada Corporation,

15 Defendant.

16 17 The parties through their counsel of record, James P. Kemp, Esq., on behalf of 18 Plaintiff Guadalupe Ortiz; and Rebecca Bruch, Esq., of Lemons, Grundy & Eisenberg, 19 on behalf of Defendant ALS USA, Inc., pursuant to Local Rules LR IA 6-1 and LR 26- 20 4, hereby stipulate to extend the deadline for the Confidential ENE Statement. 21 Fed. R. Civ. P. 16 provides that “[a] schedule may be modified only for good cause 22 and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). The “good cause” standard 23 focuses primarily on the movant’s diligence. Coleman v Quaker Oats Co.,

, 24 1294-95 (9th Cir. 2000). 25 The Early Neutral Evaluation in this matter is currently scheduled for March 22, 26 2022. The ENE statement is currently due on March 15, 2022. 27 Defense counsel represents the City of Ely, in the case of Ely Disposal Service, 28 Inc., v. The City of Ely, Case No. CV-1808095, in the Seventh Judicial District Court of 1 |/the State of Nevada, In and For the County of White Pine. Parties in that case were 2 || working toward settlement, but those negotiations were not successful. As such, defense 3 ||counsel is preparing for legal arguments, and will be traveling to Ely, Nevada, and 4 || appearing in person in that case at 1:30 on Tuesday, March 15, 2022, the same day the 5 || Confidential ENE Statements are due. Based on that calendar conflict, defense counsel 6 ||requests an extension of time for the filing of Defendant’s Confidential ENE Statement 7 ||to noon on March 17, 2022. Plaintiff's counsel has no objection, and stipulates to the 8 || short mutual extension. 9 Dated this 14" day of March, 2022. 10 ll KEMP & KEMP 12 By: _/s/ James P. Kemp 3 JAMES P. KEMP, ESQ. (SBN 6375) 7435 W. Azure Drive, Ste. 110 14 Las Vegas, Nevada 89130 15 Attorneys for Plaintiff 16 LEMONS, GRUNDY & EISENBERG 17 By: __/s/ Rebecca Bruch 18 REBECCA BRUCH, ESQ. (SBN7289) 19 6005 Plumas St., Third Floor Reno, Nevada 89519 20 Attorneys for Defendant 21 IT ISSO ORDERED: 22 DATED this 4atrof — March , 2022. 23 24 25 UNITED STATES MAGISTRATE JUDGE 26 27 28 GRUNDY

PLUMAS STREET