Opinion
2:22-cv-316-CDS-BNW
08-09-2023
ERIC COLLINS, an individual; Plaintiff, v. AUTOZONERS, LLC, a Nevada limited liability corporation; JIMMY JAMES, an individual, DOES 1 through X, inclusive; and ROE BUSINESS ENTITIES, I through X, inclusive, Defendants.
HONE LAW Kelly B. Stout Jill Garcia, NV Bar No. 7805 Kelly B. Stout, NV Bar No. 12105 Attorneys for Plaintiff Eric Collins MESSNER REEVES LLP Jonathan B. Owens Jonathan B. Owens, NV Bar No. 7118 JONES WALKER LLP Tracy E. Kern (admitted pro hac vice) P.J. Kee (admitted pro hac vice) Attorneys for Defendant AutoZoners, LLC
HONE LAW
Kelly B. Stout
Jill Garcia, NV Bar No. 7805
Kelly B. Stout, NV Bar No. 12105
Attorneys for Plaintiff
Eric Collins
MESSNER REEVES LLP
Jonathan B. Owens
Jonathan B. Owens, NV Bar No. 7118
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 CONTINUE EVIDENTIARY HEARING ON PLAINTIFF'S MOTION FOR SANCTIONS DUE TO SPOLIATION OF EVIDENCE
Plaintiff Eric Collins (“Plaintiff”) and Defendant AutoZoners, LLC (“AutoZoners”), by and through their respective counsel of record, hereby file this Stipulation and Order to Continue Evidentiary Hearing on Plaintiff's Motion for Sanctions due to Spoliation of Evidence (Second Request).
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. On April 26, 2023, Plaintiff filed his Reply in Support to Plaintiff's Motion for Sanction's due to Spoliation of Evidence Opposition (the “Reply”). [ECF 58].
4. On May 1, 2023, the Court filed a Minute Order on said Motion scheduling an Evidentiary Hearing on May 9, 2023. [ECF 59].
5. On May 4, 2023, the Court filed a Minute Order continuing the Evidentiary Hearing from May 9, 2023 to June 14, 2023. [ECF 62].
6. Due to scheduling conflicts among counsel, the Parties have agreed and stipulate to continue the hearing to a date convenient to the Court on or after July 1, 2023.
7. On June 8, 2023, the Court filed a Order granting the stipulation, rescheduling the Evidentiary Hearing for August 17, 2023. [ECF 64].
8. Due to scheduling conflicts among counsel and witnesses, the Parties have agreed and stipulate to continue the hearing to a date convenient to the Court on or after September 12, 2023.
AutoZone notes, however, that it's witnesses will not be available September 24-29, 2023, due to company-wide meetings.
IT IS HEREBY ORDERED that the evidentiary hearing regarding Plaintiff's Motion for Sanctions [ECF 50] is rescheduled to October 5, 2023 at 10:00 a.m. in a Las Vegas courtroom to be determined before Magistrate Judge Brenda Weksler.