Jenkins v. Amazon.com Services, LLC

1 Bradley J. Hamburger, Esq. (pro hac vice) Megas M. Cooney, Esq. (pro hac vice) GIBSON, DUNN & CRUTCHER LLP South Grand Avenue Los Angeles, California 90071-3197 Telephone: 213.229.7000 Email: [email protected] Email: [email protected] Montgomery Y. Paek, Esq.

7 Nevada Bar No. 10176 Amy L. Thompson, Esq.

8 Nevada Bar No. 11907 LITTLER MENDELSON, P.C.

9 3960 Howard Hughes Parkway Suite 300 Las Vegas, Nevada 89169 Telephone: 702.862.8800 Fax No.: 702.862.8811 Email: [email protected] Email: [email protected] Attorneys for Defendant AMAZON.COM SERVICES LLC IN THE UNITED STATES DISTRICT COURT 15 FOR THE DISTRICT OF NEVADA 16 RAYSHAWN JENKINS, CASE NO. 2:24-cv-01562-GMN-MDC 17 Plaintiff, STIPULATION AND [PROPOSED] ORDER TO STAY DEADLINE TO 18 v. SUBMIT A PROPOSED DISCOVERY 19 PLAN AND SCHEDULING ORDER AMAZON.COM SERVICES, LLC, Defendant.

Plaintiff RAYSHAWN JENKINS and Defendant AMAZON.COM SERVICES LLC, by and through their undersigned counsel, hereby agree and stipulate to exchange initial disclosures by October 30, 2024, but stay the deadline to submit a proposed discovery plan and scheduling order until Amazon files an Answer.

On September 13, 2024, Amazon filed a Motion to Dismiss and/or Stay the Case. ECF Nos. 16, 17. On October 4, 2024, Plaintiff filed a First Amended Complaint and Response to Complaint mooted Amazon’s motion. Amazon’s current deadline to respond to the First Amended Complaint is October 18, 2024, and Amazon presently intends to file another motion to dismiss and/or stay the case.

4 It is well recognized that “[c]ourts have broad discretion in managing their dockets.” Byars v. Western Best, LLC, No. 2:19-CV-1690-JCM-DJA, 2020 WL 8674195, at *1 (D. Nev. Jul. 6, 2020), citing Clinton v. Jones, 520 U.S. 681, 706-07 (1997). In exercising such discretion, “courts are guided by the goals of securing the just, speedy, and inexpensive resolution of actions.” Id.; see also Fed. R. Civ. P. 1. The parties agree that good cause exists to continue to stay the deadline for submission of a Stipulated Discovery Plan and Scheduling Order this case given that Amazon intends to file a motion to dismiss and/or stay the case that may be “dispositive” of Plaintiff’s claims or may cause the case to be stayed. See Schrader v. Wynn Las Vegas, LLC, No. 2:19-cv- 02159-JCM-BNW, 2021 WL 4810324, at *4 (D. Nev. Oct. 14, 2021); Aristocrat Techs., Inc. v. Light & Wonder, Inc., No. 2:24-CV-00382-GMN-MDC, 2024 WL 2302151, at *1 (D. Nev. May 21, 2024). Submission of a Stipulated Discovery Plan and Scheduling Order to commence discovery before the pleadings are resolved would cause unnecessary expense to the parties, particularly because this is a putative class action, and potentially clog the Court’s docket with unnecessary discovery disputes and/or motion practice. Consistent with the foregoing, the parties agree they will be in a better position to discuss the necessary scope of discovery that will be needed, if any, and the amount of time necessary for both sides to gather evidence, once Amazon files an Answer. Notwithstanding the foregoing, the parties agree to exchange initial disclosures under Rule 26(a)(1) by October 30, 2024.

22 For this reason, the parties believe that it is in the interest of judicial efficiency: (1) to submit a Stipulated Discovery Plan and Scheduling Order after Amazon files an Answer; and (2) for the parties to serve initial disclosures under Rule 26(a)(1) on October 30, 2024.

25 THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Amazon as follows: 27 1. The deadline for the parties to submit a proposed discovery plan and scheduling 1 2. The parties will exchange initial disclosures under Rule 26(a)(1) by no later than 2 October 30, 2024.

Dated: October 17, 2024 /s/ Jason Kuller, Esq. /s/ Amy L. Thompson, Esq.

Jason Kuller, Esq. Montgomery Y. Paek, Esq.

7 Rachel Mariner, Esq. Amy L. Thompson, Esq.

Shay Digenen, Esq. LITTLER MENDELSON, P.C.

8 RAFII & ASSOCIATES, P.C.

Bradley J. Hamburger, Esq.

Attorneys for Plaintiff Megan Cooney, Esq.

10 RAYSHAWN JENKINS GIBSON DUNN 11 Attorneys for Defendant AMAZON.COM SERVICES LLC 13 IT IS SO ORDERED.

14 1. The parties shall exchange Fed. R. 15 Civ. P. 26(a)(1) initial disclosures by 16 October 30, 2024.

17 2. The parties shall submit a _____________________________________ UNITED STATES MAGISTRATE JUDGE 18 Stipulated Discovery Plan and 19 Scheduling Order per LR 26-1 within 20 14 days of defendant Amazon filing an 21 answer.

Dated: _1_0_-_2_1_-2__4_______________