Opinion
2:22-cv-01264-JDM-BNW
04-07-2023
MARCUS TURNER, an individual Plaintiff, v. HARVARD MEDTECH OF NEVADA, LLC, a Nevada limited liability company; KULDARSHAN S. PADDA, an individual, Defendants.
NAYLOR & BRASTER PAUL PADDA LAW, PLLC Jennifer L. Braster Paul S. Padda Alexius Miller JONES & SPROSS, PLLC
NAYLOR & BRASTER
PAUL PADDA LAW, PLLC
Jennifer L. Braster
Paul S. Padda
Alexius Miller
JONES & SPROSS, PLLC
JOINT STIPULATION TO PERMIT PLAINTIFF TIME TO FILE AN OPPOSITION [ECF NO. 49] AND EXTEND TIME TO FILE PROPOSED AMENDED DISCOVERY PLAN AND SCHEDULING ORDER
[FIRST REQUEST - OPPOSITION] [SECOND REQUEST - DISCOVERY PLAN]
BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE
Pursuant to Federal Rule of Civil Procedure 6(b)(1) and the Court's Local Rule of Civil Practice 7-2, Plaintiff and Defendants stipulate and agree to permit Plaintiff additional time, or until April 21, 2023, to file his response to Defendant's Motion to Dismiss Count 2 of Plaintiff's Second Amended Complaint. See ECF No. 49. The parties also agree that Defendants shall have until May 12, 2023 to file a reply. This is Plaintiff's first request for an extension of time for the purpose set forth herein.
Plaintiff and Defendants further stipulate and agree to extend the time to file the proposed discovery plan and scheduling order until April 24, 2023. See ECF No. 44. This is the second request for an extension of time regarding the discovery plan.
Plaintiff respectfully requests the Court approve this stipulation and in support of this request relies upon the following facts: Plaintiff's opposition to Defendants' Motion to Dismiss is due April 7, 2023, and the proposed discovery plan is due April 10, 2023. Alexius Miller, lead counsel for Plaintiff, has not been able to complete these items due to a family medical emergency. The parties have communicated regarding this matter and agree that good cause supports this request for a two-week extension of time for both the opposition and discovery plan. Should the Court approve this Stipulation, the additional time requested will permit counsel for Plaintiff sufficient time to complete and file an opposition and the parties to submit a discovery plan.
In light of the foregoing, and based upon good cause, the parties respectfully request that the Court approve this Stipulation.
ORDER
IT IS ORDERED that ECF No. 51 is GRANTED in part and DENIED in part without prejudice. It is granted to the extent that the deadline to file the proposed discovery plan and scheduling order shall be April 24, 2023. It is denied without prejudice to the extent the parties seek an extension of the briefing schedule on the motion to dismiss, as this must be filed as a separate stipulation. See LR IC 2-2(b).
IT IS SO ORDERED