Opinion
2:22-cv-00316-CDS-BNW
04-11-2023
ERIC COLLINS, an individual, Plaintiff, v. AUTOZONERS, LLC, a Nevada limited liability corporation; JIMMY JAMES, an individual, DOES I through X, inclusive; and ROE BUSINESS ENTITIES, I through X, inclusive, Defendants.
HONE LAW Jill Garcia Attorneys for Plaintiff Eric Collins MESSNER REEVES LLP P.J. Kee Jonathan B. Owens, JONES WALKER LLP Tracy E. Kern (admitted pro hac vice) P.J. Kee (admitted pro hac vice) Attorneys for Defendant AutoZoners, LLC
HONE LAW Jill Garcia Attorneys for Plaintiff Eric Collins
MESSNER REEVES LLP P.J. Kee Jonathan B. Owens, JONES WALKER LLP Tracy E. Kern (admitted pro hac vice) P.J. Kee (admitted pro hac vice) Attorneys for Defendant AutoZoners, LLC
STIPULATION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFF TO REPLY TO [ECF 53] DEFENDANT AUTOZONERS, LLC'S OPPOSITION TO [ECF 50] PLAINTIFF'S MOTION FOR SANCTIONS DUE TO SPOLIATION OF EVIDENCE (FIRST REQUEST)
Plaintiff Eric Collins (“Plaintiff”) and Defendant AutoZoners, LLC (“AutoZoners”), by and through their respective counsel of record, hereby file this Stipulation and Order to Extend Deadline for Plaintiff to Reply to Defendant AutoZoners Opposition to Plaintiff's Motion for Sanctions due to Spoliation of Evidence (First Request). IT IS HEREBY STIPULATED AND AGREED as follows:
1. On March 22, 2023, Plaintiff filed a Motion for Sanctions due to Spoliation of Evidence (‘the “Motion”). [ECF 50.]
2. On April 5, 2023, Defendant AutoZoners filed its Opposition to Plaintiff's Motion for Sanction's due to Spoliation of Evidence Opposition to Plaintiff's Motion for Sanctions due to Spoliation of Evidence (the “Opposition”). [ECF 53.]
3. Pursuant to LR 7-2(b), Plaintiffs' reply to the Opposition would be due on April 12, 2023.
4. In order to accommodate Plaintiff's counsel's previously scheduled vacation days and unexpected staffing issues caused by illness, the Parties have agreed to extend Plaintiff's time to file his reply brief by 14 days, which shall be filed on or before April 26, 2023.
5. The hearing on the Motion is set for May 9, 2023, at 10:00 a.m. [ECF 51], and the extension will not require that the hearing be reset.
6. This is the first request for an extension of time for Plaintiff to file a Reply to Defendant's Opposition and the extension is sought in good faith and not for purpose of undue delay.
IT IS SO ORDERED.