Garvey v. Keller Williams Realty, Inc. et al, No. 2:2023cv00920 - Document 30 (D. Nev. 2023)

Court Description: ORDER Granting 29 Stipulation for Extension of Time re 28 Motion to Dismiss; Responses due by 10/23/2023. Keller Williams Realty, Inc. answer due 10/23/2023. Signed by Magistrate Judge Daniel J. Albregts on 9/29/2023. (Copies have been distributed pursuant to the NEF - JQC)

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Garvey v. Keller Williams Realty, Inc. et al Doc. 30 Case 2:23-cv-00920-APG-DJA Document 29 Filed 09/28/23 Page 1 of 6 1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 WAYAN GARVEY, on behalf of himself and all Case No.: 2:23-cv-00920-APG-DJA others similarly situated, STIPULATION AND ORDER TO Plaintiff, EXTEND DEADLINE FOR DEFENDANTS KELLER WILLIAMS v. TO RESPOND TO PLAINTIFF’S KELLER WILLIAMS REALTY, INC. and FIRST AMENDED COMPLAINT AND BRITNEY GAITAN, PLAINTIFF’S RESPONSE TO MOTIONS TO DISMISS Defendants. 12 [FIRST REQUEST AS TO THE AMENDED COMPLAINT] 13 STIPULATION 14 15 Plaintiff WAYAN GARVEY (“Plaintiff”) by and through his counsel Craig K. Perry, 16 Esq. of CRAIG K. PERRY & ASSOCIATES, Chris R. Miltenberger, Esq. of THE LAW 17 OFFICE OF CHRIS R. MILTENBERGER, PLLC, and Eric H. Weitz, Esq. and Max S. Morgan, 18 Esq. of THE WEITZ FIRM LLC, Defendant KELLER WILLIAMS REALTY, INC., by and 19 through its counsel Michael Ayers, Esq., Clark Vellis, Esq. and Lauren Calvert, Esq., of 20 QUINTAIROS, PRIETO, WOOD & BOYER, P.A. (“Defendant KELLER WILLIAMS”), and 21 Defendant BRITNEY GAITAN (“Defendant GAITAN”), by and through her counsel Patrick J. 22 Reilly, Esq. of BROWNSTEIN HYATT FARBER SCHRECK, LLP, hereby stipulate as 23 follows: 24 25 26 27 28 1. On June 12, 2023, Plaintiff filed the Complaint – Class Action (the “Complaint”) in the United States District Court, District of Nevada (ECF No. 1). 2. Defendant KELLER WILLIAMS was served with the Summons and Complaint on June 15, 2023 (ECF No. 10). FIRST STIPULATION TO EXTEND DEADLINE FOR DEFENDANT KELLER WILLIAMS TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND PLAINTIFF TO RESPOND TO MOTIONS TO DISMISS - 1 Dockets.Justia.com Case 2:23-cv-00920-APG-DJA Document 29 Filed 09/28/23 Page 2 of 6 3. 1 2 the Complaint within twenty-one (21) days of its service thereof, i.e., July 6, 2022. 4. 3 4 Defendant KELLER WILLIAMS was required to file a responsive pleading to Counsel for Defendant KELLER WILLIAMS was only just retained by Defendant KELLER WILLIAMS on August 15, 2023. 5. 5 Counsel for Defendant KELLER WILLIAMS contacted counsel for Plaintiff and 6 informed them that his firm had only just been assigned the defense of this matter on August 15, 7 2023, and that his firm required additional time within which to review this matter and formulate 8 its defense. 6. 9 10 The first stipulation for extension of time was granted by this Court on August 23, 2023 (ECF No. 21). 7. 11 Counsel for Defendant KELLER WILLIAMS contacted counsel for Plaintiff 12 again and informed him that he would be requesting pro hac vice admission for Chicago co- 13 counsel to appear, and requested additional time to file a responsive pleading in order to 14 accomplish that request for admission. 6. 15 The second stipulation for extension of time was granted by this Court on 16 September 11, 1023 (ECF No. 23) granting Defendant KELLER WILLIAMS until September 17 27, 2023, to respond to Plaintiff’s Complaint (ECF No. 1). 18 19 20 21 22 7. Defendant GAITAN filed a Motion to Dismiss (ECF No. 24) on September 13, 8. On September 14, 2023, Plaintiff filed a First Amended Complaint (ECF No. 25), 2023. with a responsive pleading due date for all parties on September 28, 2023. 9. On September 19, 2023, Defendant GAITAN filed her Motion to Dismiss 23 Plaintiff’s Amended Complaint (ECF No. 28), and Plaintiff’s response to that Motion is due 24 October 3, 2023. 25 26 10. KELLER WILLIAMS anticipates it will be filing a dispositive motion in response to the First Amended Complaint. However, its local counsel will be out of the office 27 28 FIRST STIPULATION TO EXTEND DEADLINE FOR DEFENDANT KELLER WILLIAMS TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND PLAINTIFF TO RESPOND TO MOTIONS TO DISMISS - 2 Case 2:23-cv-00920-APG-DJA Document 29 Filed 09/28/23 Page 3 of 6 1 for a planned trip when the current responsive pleading is due (and a few days the following 2 week) and has requested an extension. 10. 3 In the interests of judicial economy, the parties have agreed on a briefing schedule 4 where Plaintiff’s opposition briefs to the pending Motion to Dismiss Amended Complaint (ECF 5 No. 28) and KELLER WILLIAMS’ anticipated dispositive motion be filed on the same date; 11. 6 7 Accordingly, Plaintiff and Defendants hereby agree to the following briefing schedule: 8 a. Defendant KELLER WILLIAMS’ deadline to file its responsive pleading to the 9 First Amended Complaint (ECF No. 25) shall be extended until and including October 5, 2023; 10 11 b. Plaintiff WAYAN GARVEY shall respond to Defendant GAITAN’s Motion to 12 Dismiss Plaintiff’s Amended Complaint on or before October 23, 2023; and 13 c. Plaintiff WAYAN GARVEY shall respond to Defendant KELLER WILLIAMS’ 14 responsive pleading to the First Amended Complaint on or before October 23, 15 2023. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 FIRST STIPULATION TO EXTEND DEADLINE FOR DEFENDANT KELLER WILLIAMS TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND PLAINTIFF TO RESPOND TO MOTIONS TO DISMISS - 3 Case 2:23-cv-00920-APG-DJA Document 29 Filed 09/28/23 Page 4 of 6 1 2 3 12. This is a first request for extension of time and is being made in good faith and not for the purpose of undue delay. IT IS SO STIPULATED. 4 DATED this 28th day of September, 2023. DATED this 28th day of September, 2023. 5 CRAIG K. PERRY & ASSOCIATES QUINTAIROS, BOYER, P.A. By: /s/ Craig K. Perry Craig K. Perry, Esq. Nevada Bar No. 3786 2300 W. Sahara Ave., #800 Las Vegas, NV 89102 Tele: 702-228-4777 Attorneys for Plaintiff’ WAYAN GARVEY By: /s/ Michael Ayers Michael Ayers, Esq. Nevada Bar No. 10851 Clark Vellis, Esq. Nevada Bar No. 5533 Lauren Calvert, Esq. Nevada Bar No. 10534 200 S. Virginia St., 8th Fl. Reno, NV 89501 Tele: 775-322-4697 Attorneys for Defendant KELLER WILLIAMS REALTY, INC. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PRIETO, WOOD DATED this 28th day of September, 2023. BROWNSTEIN HYATT FARBER SCHRECK, LLP By: /s/ Patrick J. Reilly Patrick J. Reilly Nevada Bar No. 6103 100 N. City Pkwy., Ste. 1600 Las Vegas, NV 89106 Tele: 702-464-7033 Attorneys for Defendant BRITNEY GAITAN 23 ORDER 24 The foregoing stipulation is hereby approved, with the following deadlines: 25 1. 26 & Defendant KELLER WILLIAMS shall respond to Plaintiff’s First Amended Complaint on or before October 5, 2023; 27 28 FIRST STIPULATION TO EXTEND DEADLINE FOR DEFENDANT KELLER WILLIAMS TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND PLAINTIFF TO RESPOND TO MOTIONS TO DISMISS - 4 Case 2:23-cv-00920-APG-DJA Document 29 Filed 09/28/23 Page 5 of 6 1 2 3 4 5 2. Plaintiff WAYAN GARVEY shall respond to Defendant GAITAN’s Motion to Dismiss Plaintiff’s Amended Complaint on or before October 23, 2023; and 3. Plaintiff WAYAN GARVEY shall respond to Defendant KELLER WILLIAMS’ responsive pleading to the First Amended Complaint on or before October 23, 2023. IT IS SO ORDERED: 6 7 9/29/2023 Dated: ______________________ ________________________________________ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST STIPULATION TO EXTEND DEADLINE FOR DEFENDANT KELLER WILLIAMS TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND PLAINTIFF TO RESPOND TO MOTIONS TO DISMISS - 5 Case 2:23-cv-00920-APG-DJA Document 29 Filed 09/28/23 Page 6 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST STIPULATION TO EXTEND DEADLINE FOR DEFENDANT KELLER WILLIAMS TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND PLAINTIFF TO RESPOND TO MOTIONS TO DISMISS - 6

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