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Kennedy v. Las Vegas Sand Corp., 2:17-cv-00880-JCM-VCF. (2019)

Court: District Court, D. Nevada Number: infdco20190419j64 Visitors: 13
Filed: Apr. 18, 2019
Latest Update: Apr. 18, 2019
Summary: STIPULATION AND ORDER TO WITHDRAW PLAINTIFFS' EMERGENCY MOTION TO STRIKE DEFENDANTS' THREE (3) DISPOSITIVE MOTIONS FOR FAILURE TO ABIDE BY PAGE LIMITS (ECF NO. 147) JAMES C. MAHAN , District Judge . Plaintiffs Sean Kennedy, Andrew Snider, Christopher Ward, Randall Weston, and Ronald Williamson (collectively, "Plaintiffs") and Defendants Sands Aviation, LLC and Las Vegas Sands Corp. (collectively, "Defendants"), by and through their respective counsel of record, hereby submit this stip
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STIPULATION AND ORDER TO WITHDRAW PLAINTIFFS' EMERGENCY MOTION TO STRIKE DEFENDANTS' THREE (3) DISPOSITIVE MOTIONS FOR FAILURE TO ABIDE BY PAGE LIMITS (ECF NO. 147)

Plaintiffs Sean Kennedy, Andrew Snider, Christopher Ward, Randall Weston, and Ronald Williamson (collectively, "Plaintiffs") and Defendants Sands Aviation, LLC and Las Vegas Sands Corp. (collectively, "Defendants"), by and through their respective counsel of record, hereby submit this stipulation to withdraw Plaintiffs' Emergency Motion to Strike Defendants' Three (3) Dispositive Motions for Failure to Abide by Page Limits ("Emergency Motion to Strike"). (ECF No. 147.)

Plaintiffs filed their Emergency Motion to Strike on February 27, 2019, arguing that Defendants had exceeded the page limit by filing three (3) separate motions. (ECF No. 147.) Defendants filed their Opposition to the Motion to Strike on March 13, 2019 asserting that given the five (5) individual plaintiffs and the two (2) defendants, they filed three (3) motions for summary judgment on distinct legal issues as opposed to filing a motion as to each plaintiff. (ECF No. 150.) Plaintiffs filed their Reply in support of their Motion to Strike on March 19, 2019. (ECF No. 151.)

Thereafter, Plaintiffs' deadline to file their Oppositions to the Motions for Summary Judgment was April 1, 2019. On April 1, 2019, Plaintiffs filed the following: (1) Opposition to Defendants' Motion for Summary Judgment Regarding Joint Employment (ECF No. 154); (2) Appendix of Exhibits to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment Regarding Joint Employment (ECF No. 155); (3) Opposition to Defendants' Motion for Summary Judgment Regarding Plaintiffs' Exempt Status (ECF No. 156); and (4) Appendix of Exhibits (Vol. I) to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment Regarding Plaintiffs' Exempt Status (ECF No. 157.) However, the following documents were not filed until a few hours after midnight on April 2, 2019: (1) Appendix of Exhibits (Vol. II) to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment Regarding Plaintiffs' Exempt Status (ECF No. 158);

(2) Plaintiffs' Opposition to Defendants' Motion for Summary Judgment on Plaintiffs' Claim for Waiting Time (ECF No. 159); (3) Declaration of Andre Lagomarsino in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment of Plaintiffs' Claim for Waiting Time (ECF No. 160); and (4) Appendix of Exhibits to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment of Plaintiffs' Claim for Waiting Time (ECF No. 161).

In an effort to avoid additional motion practice on these issues, the parties have agreed that Plaintiffs will withdraw their Emergency Motion to Strike (ECF No. 147) and Defendants will not seek Court action related to Plaintiffs' late-filed Opposition and accompanying documents.

IT IS SO STIPULATED.

DATED this 17th day of April 2019. DATED this 17th day of April 2019. LAGOMARSINO LAW OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. /s/ Andre M. Lagomarsino /s/ Dana B. Salmonson Andre M. Lagomarsino Anthony L. Martin Nevada Bar No. 6711 Nevada Bar No. 8177 3005 W. Horizon Ridge Parkway Dana B. Salmonson Suite 241 Nevada Bar No. 11180 Henderson, NV 89052 Wells Fargo Tower Attorneys for Plaintiffs Suite 1500 3800 Howard Hughes Parkway Justine A. Harrison Las Vegas, NV 89169 JUSTINE A. HARRISON, CHTD. Attorneys for Defendants Nevada Bar No. 9825 848 N. Rainbow Blvd., #1540 Las Vegas, NV 89107 Attorneys for Plaintiffs

ORDER

IT IS SO ORDERED.

Source:  Leagle

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