Opinion
2:20-cv-00773-GMN-DJA
04-17-2023
DANNY JACK HART and IRENE LINDSAY, individually, Plaintiffs, v. LOWE'S HOME CENTERS, LLC, a foreign corporation, DOE INDIVIDUALS 1-20 and DOES I through X and ROE ENTITIES 1-20, Defendants. v.
STEVEN T. JAFFE, ESQ. KEVIN S. SMITH, ESQ. Hall Jaffe & Clayton, LLP 7425 Peak Drive Attorneys for Defendant Lowe's Home Centers, LLC E. BRENT BRYSON, LTD. E. Brent Bryson Esq. Attorneys for Plaintiff Danny Jack Hart
STEVEN T. JAFFE, ESQ. KEVIN S. SMITH, ESQ. Hall Jaffe & Clayton, LLP 7425 Peak Drive Attorneys for Defendant Lowe's Home Centers, LLC
E. BRENT BRYSON, LTD. E. Brent Bryson Esq. Attorneys for Plaintiff Danny Jack Hart
STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT TO FILE A REPLY TO THE PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [FIRST REQUEST]
IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff, DANNY JACK HART, by and through his attorney, E. Brent Bryson, Esq. of E. Brent Bryson, Ltd., and Defendant LOWE'S HOME CENTERS, LLC, by and through its attorneys, Steven T. Jaffe, Esq. and Kevin S. Smith, Esq., of Hall Jaffe & Clayton, LLP, as follows:
1. That Lowes filed its Motion for Summary Judgment on February 24, 2023 [ECF No. 57];
2. That the parties stipulated to extend the deadline for Plaintiff's response brief in opposition to Defendant's motion for summary judgment to March 24, 2023; [ECF No. 59];
3. That the Court granted that request and ordered that Plaintiff was permitted to March 24, 2023, to file a response brief to Defendant's motion for summary judgment; [ECF No. 59];
4. That, due to reasons unknown, Kevin S. Smith, Esq. did not receive electronic service of the Plaintiff's response brief, and only learned on April 14, 2023, that a response brief was filed;
5. That any reply to the Plaintiff's response brief was due on or before April 7, 2023, or fourteen (14) days after service of the response brief; [LR 7-2];
6. That, on March 3, 2023, the Court referred this matter to Magistrate Judge Daniel J. Albregts for settlement conference; [ECF No. 58];
7. That, on March 14, 2023, the Court issued its Order Setting Settlement Conference for May 24, 2023; [ECF No. 62];
8. That, on information and belief, the Court may not rule on the pending motion for summary judgment until after the pending Settlement Conference, in the interests of judicial economy;
9. Therefore, there is good cause and the parties agree to extend the deadline for Defendant to file its brief in reply to the Plaintiff's response in opposition to Defendant's motion for summary judgment by an additional fourteen (14) days to April 28, 2023.
10. That this is the first request to extend Defendant's response deadline and is not being made for the purpose of delay.
Dated: April 14, 2023.
ORDER
IT IS SO ORDERED.