Ballinger v. Prime Healthcare Services - Reno, LLC

1 WILLIAM J. GEDDES Nevada Bar No. 6984 KRISTEN R. GEDDES Nevada Bar No. 9027 THE GEDDES LAW FIRM, P.C.

1575 Delucchi Lane, Suite 206 Reno, Nevada 89502 Phone: (775) 853-9455 Fax: (775) 299-5337 Email: [email protected] Email: [email protected] Attorney for Plaintiff Rebecca Ballinger 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA REBECCA BALLINGER, CASE NO.: 3:22-cv-00084-MMD-CLB 11 Plaintiff, ORDER ON STIPULATION FOR: vs. (1) PLAINTIFF TO FILE SUPPLEMENTAL PRIME HEALTHCARE SERVICES – RENO, BRIEF RE INTERVENING CHANGE IN LLC, a Foreign Limited Liability Company, LAW; and dba St. Mary’s Regional Medical Center. (2) ENLARGEMENT OF TIME FOR 15 Defendant. DEFENDANT TO FILE REPLY BRIEF ON: Defendant’s Partial Motion to Dismiss Plaintiff’s 17 Complaint (ECF 005) (First Request) 20 The parties to this action, by and through their undersigned counsel of record hereby stipulate that Plaintiff may file a supplemental brief (“Supplemental Brief”) to ECF 011, to address an intervening change in legal authority announced in Morgan v. Sundance, Inc., 29 Fla. L. Weekly Fed. 23 S. 290 (U.S. 2022, decided May 23, 2022), 2022 U.S. LEXIS 2514, regarding the legal standard as to whether a party has waived arbitration, which impacts the legal arguments presented in Plaintiff’s Opposition (“Opposition” ECF 011) to Defendant’s Motion for Partial Dismissal (ECF 005), at ECF 011, § IV(B), at 9:19-13:24. This intervening change in legal authority, decided May 23, 2022, was decided by the U.S. Supreme Court one day before Plaintiff filed her opposition brief of ECF 011, on May 24, 2022, and Plaintiff’s counsel was unaware of the Morgan decision at the time of filing || Plaintiffs opposition brief.

2 As well, the parties to this action, by and through their undersigned counsel of record furth 3]| stipulate that Defendant may have an enlargement of time to file one single reply brief to t 4|| Opposition and Supplemental Brief, rather than filing a reply to the Opposition and a surreply to t Supplemental Brief, according to the deadlines prescribed by Local Rule 7-2(b), permitting Defenda 6|| seven days to file such a single reply brief.

7 As to the timing of such supplemental briefing, the parties stipulate that Plaintiff may file h || supplemental brief not later than seven days after the Court issues any order permitting her to file || supplemental brief, to address the intervening change in legal authority announced in Morgan. As we 10]| the parties stipulate that Defendant may file a single reply, addressing both the Opposition a1 Supplemental Brief within seven days after any Supplemental Brief is filed.

12]| This Stipulation is not offered for any dilatory or improper purpose.

13 Dated this 10™ day of June 2022. Dated this 10 day of May 2022.

14 LITTLER MENDELSON THE GEDDES LAW FIRM, P.C.

15 Electronic Signature Authorized , By: /s/ hye jlnee 17 KARYN M. TAYLOR, ESQ., LLIAM J. GEDDES, ESQ.

Nevada Bar Number 6142 Nevada Bar Number 6984 18 [email protected] [email protected] South Virginia Street, 8th Floor 1575 Delucchi Lane, Suite 206 19 Reno, NV 89501 Reno, Nevada 89502 20 Telephone: (775) 348-4888 (775) 853-9455 Attorneys for Defendant Attorney for Plaintiff Rebecca Ballinger 21 Prime Healthcare Services — Reno, LLC ORDER 24|| Dated: _ 6/14/2022 IT IS SO ORDERED 27 MIRANDA M. DU 28 CHIEF UNITED STATES DISTRICT JUDGE