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Spencer v. Kohl's Department Stores, Inc.

United States District Court, D. Nevada

August 28, 2019

KIRBY SPENCER, individually and on behalf of all others similarly situated, Plaintiff,
v.
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 Kirby Spencer

          KELLEY 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

         Plaintiff 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 No. 1).
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 Class Certification.
11. On July 3, 2019, the Court entered the Parties' first Stipulation to Amend Scheduling Order and Extend Deadlines, extending the fact discovery cutoff ...

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