United States District Court, D. Nevada
KIRBY SPENCER, individually and on behalf of all others similarly situated, Plaintiff,
KOHL'S DEPARTMENT STORES, INC., Defendant.
MCGUIRE LAW, P.C. Evan M. Meyers Eugene Y. Turin CRAIG K.
PERRY & ASSOCIATES Craig K. Perry Attorneys for Plaintiff
DRYE & WARREN LLP Lauri A. Mazzuchetti PISANELLI BICE
PLLC Jordan T. Smith, Esq., Attorneys for Defendant
Kohl's Department Stores, Inc.
STIPULATION AND ORDER TO AMEND SCHEDULING ORDER AND
EXTEND DEADLINES SECOND REQUEST
Kirby Spencer (“Plaintiff”), by and through his
attorneys Craig K. Perry & Associates and McGuire Law,
P.C., and Defendant Kohl's Department Stores, Inc.
(“Kohl's”), by and through its attorneys
Pisanelli Bice PLLC and Kelley Drye & Warren LLP,
pursuant to Local Rules 6-1, 6-2 and 7-1, 26-4, and
Fed.R.Civ.P. 16, hereby stipulate as follows:
1. Plaintiff commenced this action on October 7, 2014. (ECF
2. Pursuant to the Court's September 30, 2015 Order,
Plaintiff filed his First Amended Complaint on October 13,
2015 (ECF No. 50), and Kohl's filed its Answer to the
First Amended Complaint on November 13, 2015 (ECF No. 53).
3. On November 24, 2015, this Court issued an Amended
Scheduling Order setting a discovery deadline of May 3, 2016,
a deadline for Plaintiff to file a motion for class
certification of May 27, 2016, and a deadline for Defendant
to file dispositive motions 60 days after the Court's
ruling on the motion for class certification (ECF No. 55).
4. On March 2, 2016, the Court extended the discovery
deadline until July 8, 2016, and the Plaintiff's deadline
to file a motion for class certification was extended until
August 2, 2016 (ECF No. 59).
5. On July 8, 2016, the Parties filed a Joint Motion to Stay
Proceedings after a Motion to Transfer was filed in a
different case before the Joint Panel on Multidistrict
Litigation (“JPML”) (ECF No. 62), which was
granted by this Court on July 13, 2016, staying this action
(ECF No. 63).
6. Following the denial of transfer to the JPML, this Court
ordered that the stay be lifted (ECF No. 66), and on November
1, 2016, this Court issued a Scheduling Order, extending the
discovery deadline until April 28, 2017, and extending
Plaintiff's deadline to file a motion for class
certification until May 26, 2017 (ECF No. 70).
7. On February 6, 2017, this Court granted Kohl's Motion
to Stay pending the decision of the D.C. Circuit Court of
Appeals in ACA Int'l v. Fed. Commc'ns
Comm., No. 15-1211 (D.C. Cir. 2015) (ECF No. 83).
8. On July 12, 2018, this Court entered an Order lifting the
stay following the D.C. Circuit's decision, and ordered
that the Parties submit a proposed discovery plan and
scheduling order, and that Kohl's file a dispositive
motion relating to the D.C. Circuit's decision, within
two weeks, by July 26, 2018 (ECF No. 84), a deadline that was
extended to August 16, 2018, pursuant to stipulation by the
Parties, so that the Parties could discuss a potential
resolution to this matter (ECF No. 86).
9. On March 13, 2019, the Court denied Kohl's pending
motion for judgment on the pleadings following the D.C.
Circuit's decision in ACA Int'l, or in the
alternative, for a stay.
10. On April 1, 2019, the Court entered the Parties'
proposed Joint Discovery Plan and Amended Scheduling Order.
(ECF No. 106), setting a discovery close date of June 27,
2019, with Plaintiff's Motion for Class Certification due
on October 8, 2019, and any dispositive motions due no later
than 60 days after the Court's ruling on the Motion for
11. On July 3, 2019, the Court entered the Parties' first
Stipulation to Amend Scheduling Order and Extend Deadlines,
extending the fact discovery cutoff ...