JASMINE SOLARES and ESTEFANIA CORREA v. AMAZON.COM SERVICES LLC

1 BRADLEY J. HAMBURGER, (pro hac vice) LEON GREENBERG MEGAN COONEY (pro hac vice) Nevada Bar No. 8094 2 GIBSON, DUNN & CRUTCHER LLP RUTHANN DEVEREAUX-GONZALES 333 South Grand Avenue Nevada Bar No. 15904 3 Los Angeles, California 90071-3197 LEON GREENBERG PC Telephone: 213.229.7000 1811 Rainbow Blvd., Suite 210 4 Email: bhamburger@gibsondunn.com Las Vegas, Nevada 89146 Email: mcooney@gibsondunn.com Telephone: 702.383.6085 5 Email: Ranni@overtimelaw.com MONTGOMERY Y. PAEK 6 Nevada Bar No. 10176 JAMES P. KEMP AMY L. THOMSON Nevada Bar No. 6375 7 Nevada Bar No. 11907 KEMP & KEMP, ATTORNEYS AT LAW LITTLER MENDELSON, P.C. 7435 W. Azure Drive, Suite 110 8 3960 Howard Hughes Parkway Las Vegas, Nevada 89130 Suite 300 Telephone: 702.258.1183 9 Las Vegas, NV 89169 Email: jp@kemp-attorneys.com Telephone: 702.863.8800 10 Facsimile: 702.862.8811 Attorneys for Plaintiff Email: mpack@littler.com JASMINE SOLARES and ESTEFANIA 11 Email: athompson@littler.com CORREA 12 Attorneys for Defendant AMAZON.COM SERVICES LLC [13] 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE DISTRICT OF NEVADA [16] JASMINE SOLARES, ESTEFANIA CASE NO. 2:24-cv-00881-EJY 17 CORREA RESTREPO, and STEVEN REID, 18 Plaintiffs, JOINT STIPULATION AND PROPOSED [19] v. ORDER TO REVISE MOTION TO 20 DISMISS BRIEFING SCHEDULE AND AMAZON.COM SERVICES LLC, DEFER DISCOVERY PLAN AND CASE 21 SCHEDULE Defendant. [22] [FIRST REQUEST] [24] Plaintiffs JASMINE SOLARES, ESTEFANIA CORREA RESTREPO, and STEVEN [25] REID (“Plaintiffs”) and DEFENDANT AMAZON.COM SERVICES LLC (“Defendant”), by and [26] through their undersigned counsel, hereby agree and stipulate as follows: [27] 1 WHEREAS, on July 5, 2024, Defendant filed a Motion to Dismiss and/or Stay Plaintiffs’ 2 case (Dkt. 15); [3] WHEREAS, on January 8, 2025, the Court dismissed Plaintiffs’ claim under the Fair [4] Labor Standards Act (count 1) and stayed Plaintiffs’ Nevada state law claims (counts 2 and 3) [5] “until such time as the Nevada Supreme Court issued its decision in Malloy v. Amazon.com [6] Services LLC, Nev. Case No. 89314” (Dkt. 53); [7] 8 WHEREAS, on October 30, 2025, the Nevada Supreme Court issued its decision in 9 Amazon.com Servs., LLC v. Malloy, 141 Nev. Adv. Op. 50 (2025), finding “the Nevada Legislature [10] did not intend to incorporate the [Portal-to-Portal Act’s] exceptions to compensable work activities [11] into its wage-hour laws”; [12] WHEREAS, on November 13, 2025, following the issuance of the Nevada Supreme [13] Court’s decision in Malloy, and consistent with this Court’s January 8, 2025, order, the parties [14] 15 proposed a supplemental briefing schedule for Plaintiffs’ remaining Nevada state law claims, as 16 well as a deadline to file an agreed upon proposed discovery schedule (Dkt. 55); 17 WHEREAS, on November 14, 2025, the Court granted the parties’ proposed schedule, [18] ordering the parties to submit a discovery schedule by December 4, 2025, and ordering Defendant [19] to submit supplemental briefing on its Motion to Dismiss by December 11, 2025; [20] WHEREAS, following the Nevada Supreme Court’s decision in Malloy, the Nevada [21] Legislature passed Senate Bill 8, which Governor Joe Lombardo signed into law on November 20, [22] 23 2025, to clarify that Nevada law incorporates the Portal-to-Portal Act (“SB 8”); 24 WHEREAS, following the enactment of SB 8, Nevada Revised Statute § 608.016 now 25 “exclude[s] from hours of work such time excluded by . . . the Portal-to-Portal Act”; [27] 1 WHEREAS, the parties have conferred and agree that alteration of the current schedule 2 will ensure that the parties will have sufficient time to analyze and brief the impact of SB 8 on this [3] case to the Court without unduly delaying resolution of this case, and will conserve court and party [4] resources; [5] THEREFORE, subject to the approval of the Court, the parties hereby agree and stipulate [6] that: [7] 8 1. Defendant shall file its Renewed Motion to Dismiss on or before December 18, 9 2025. [10] 2. Plaintiffs shall file a response to Defendant’s Renewed Motion to Dismiss on or [11] before January 22, 2026. [12] 3. Defendant shall file its reply in support of its Renewed Motion to Dismiss on or [13] before February 12, 2026. [14] 15 4. Discovery shall be deferred until the Court issues an order on Defendant’s Renewed 16 Motion to Dismiss. [17] / / / [20] 21 / / / [24] / / / [27] 1 5. The parties will submit a further discovery plan and case schedule for the remaining 2 claims, if any, on or before 21 days after the Court issues an order on Defendant’s [3] Renewed Motion to Dismiss if the Court permits any claims in the case to proceed. [4] Dated: December 3, 2025 [6] By: /s/ Amy L. Thompson 7 AMY L. THOMPSON MONTGOMERY Y. PAEK 8 LITTLER MENDELSON, P.C. 9 BRADLEY J. HAMBURGER MEGAN COONEY 10 GIBSON DUNN 11 Attorneys for Defendant AMAZON.COM SERVICES LLC [12] Dated: December 3, 2025 [14] 15 By: /s/ Leon Greenberg LEON GREENBERG 16 RUTHANN DEVEREAUX-GONZALES LEON GREENBERG PC [17] JAMES P. KEMP 18 KEMP & KEMP, ATTORNEYS AT LAW [19] Attorneys for Plaintiff 20 JAMES SOLARES and ESTEFANIA CORREA [21] 22 IT IS SO ORDERED. [23] Dated: __D_e_c_e_m_b_e_r_ 3_,_ 2_0_2_5________ [25] 26 _____________________________________ UNITED STATES MAGISTRATE JUDGE