Weil v. Walmart Inc.

11 RESNICK & LOUIS, P.C.

TROY A. CLARK, ESQ.

22 Nevada Bar No. 11361 [email protected] MATTHEW B. BECKSTEAD, ESQ.

Nevada Bar No: 14168 [email protected] 8925 West Russell Road, Suite 220.

Las Vegas, NV 89148 Telephone: (702) 997-3800 Facsimile: (702) 997-3800 Attorneys for Defendant Walmart, Inc. 88 UNITED STATE DISTRICT COURT 99 DISTRICT OF NEVADA 1100 LINDA WEIL, CASE NO.: 2:21-cv-01631-JAD-EJY 1111 Plaintiff, vs. STIPULATION AND ORDER TO 12 EXTEND BRIEFING DEADLINES 33 WALMART, INC., a Foreign Corporation; (FIRST REQUEST) ROE ENTITIES I-X, inclusive, 15 Defendants.

17 COME NOW Defendant WALMART, INC. (“Defendant”), by and through its counsel of record TROY A. CLARK, ESQ., and MATTHEW B. BECKSTEAD, ESQ., of the law firm RESNICK & LOUIS, P.C., and Plaintiff LINDA WEIL (“Plaintiff”), by and through her counsel of record, ANDRE M. LAGOMARSINO, ESQ., and CORY M. FORD, ESQ., of the law firm of LAGOMARSINO LAW, and do hereby stipulate to extend the briefing deadline for the Reply briefs pertaining to Defendant’s Countermotion for Fees and Costs and to the Extent It Is Necessary, Walmart, Inc.’s Countermotion to Withdraw Deemed Admissions that was filed on April 4, 2022 [ECF No. 23]. Pursuant to the Local Rule IA 6-1(b), the parties hereby aver that this is the parties’ first such extension requested regarding this subject. The parties are requesting a deadline of 7 days from the entry of the Court’s entry of this Order, should the Court grant it.

27 Plaintiff filed Plaintiff’s Partial Motion for Summary Judgment on March 4, 2022 [ECF No. 13].1 The Court granted the parties’ Stipulation and Order Extending Time to File Opposition to Plaintiff’s Linda Weil’s [sic] Motion for Partial Summary Judgment [ECF 13] on April 1, 2022, extending the deadline to file an Opposition to April 1, 2022 [ECF 20]. Defendant’s current counsel of record substituted in as counsel of record by of this Court’s Order granting the Substitution of Counsel entered on April 4, 2022. [ECF No. 25]. April 4th was the same day the Defendant’s prior counsel filed the Defendant’s Countermotion for Fees and Costs and to the Extent It Is Necessary, Walmart’s Countermotion to Withdraw Deemed Admissions [ECF Nos. 22 and 23]. Mr. Beckstead, lead associate counsel for Defendant in this matter, was inadvertently omitted, at first, from the electronic service list for this matter by defense counsel’s firm during 1100 the transition. As a result, Mr. Beckstead was not affirmatively notified of Plaintiff’s Oppositions 1111 to Walmart’s Countermotions for Fees and Costs and to Withdraw Deemed Admissions filed on April 15, 2022, when they were filed [ECF Nos. 30 and 31]. Accordingly, the parties are hereby seeking the Court’s order allowing 7 days’ time for Defendant to file its reply briefs.

14 /// /// /// /// /// /// /// /// /// /// /// /// This Motion was also filed as ECF No. 15, but the Court docket appears to contain a statement from the Clerk of the ] The parties hereby stipulate that the reply briefs shall be limited to the arguments already || made in the countermotions and oppositions, in a manner consistent with controlling case law.

3 || See Autotel v. Nevada Bell Tel. Co., 697 F.3d 846, 852 n.3 (9th Cir. 2012) (“[A]rguments raised || for the first time in reply brief are waived.”). The parties also stipulate that Defendant will only || utilize evidence and information that was available at the time of the original filing deadline for || the two reply briefs.

81! Dated this 27" day of July 2022 Dated this 27" day of July 2022 RESNICK & LOUIS, P.C. LAGOMARSINO LAW 11 /s/ Matthew B. Beckstead /s/ Cory M. Ford TROY A. CLARK, ESQ. ANDRE M. LAGOMARSINO, ESQ.

Nevada Bar No. 11361 Nevada Bar No. 6711 13 MATTHEW B. BECKSTEAD, ESQ. CORY M. FORD, ESQ.

Nevada Bar No. 14168 Nevada Bar No. 15042 8925 West Russell Road, Suite 220 3005 W. Horizon Ridge Pkwy., #241 Las Vegas, Nevada 89148 Henderson, Nevada 89052 Id Attorneys for Defendant Walmart, Inc. Attorneys for Plaintiff Linda Weil 18 IT IS SO ORDERED: 19 : UNITED STATES MAGISTRATE JUDGE 21 DATED: July 28, 2022