Alvarez v. Emergency Site Protection, LLC et al

Western District of Texas, txwd-5:2018-cv-01298

Unopposed MOTION for Extension of Time to File Answer re {{1}} Complaint by Emergency Site Protection, LLC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JOSUE ALVAREZ, § Individually and on behalf of all others § similarly situated, § § Plaintiff, § § vs. § NO. 5:18-CV-01298 § EMERGENCY SITE PROTECTION, § LLC, GRYPHON OILFIELD § SOLUTIONS, LLC, and SANCHEZ OIL § & GAS CORPORATION, § § Defendants. § DEFENDANT EMERGENCY SITE PROTECTION, LLC'S UNOPPOSED MOTION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S ORIGINAL COLLECTIVE ACTION COMPLAINT Defendant Emergency Site Protection, LLC ("ESP") files this Unopposed Motion to Extend Deadline to Answer or Otherwise Respond to Plaintiff's Original Collective Action Complaint and in support thereof states the following: 1. Plaintiff Josue Alvarez ("Plaintiff") filed his Original Class Action Complaint (the "Complaint") against ESP and other companies on December 11, 2018, asserting claims under the Fair Labor Standards Act. ESP was served with Plaintiff's Complaint on January 4, 2019, making ESP's deadline to file an answer January 25, 2019. 2. There is ongoing discussion between ESP's and Plaintiff's respective counsels about whether ESP is properly a defendant in this lawsuit. While those parties seek clarity on this question, they have agreed to indefinitely stay the deadline for ESP to file an answer to Plaintiff's Complaint in light of the ongoing discussion. Plaintiff is unopposed to ESP requesting such a stay from the Court. 3. Pursuant to the parties' agreement, Plaintiff has a right to unilaterally terminate the stay, after which ESP would be permitted to file an answer up to 21 days later without being subject to a default judgment. 4. No deadlines set by the Court will be impacted by this extension. 5. ESP requests the stay of its answer deadline in good faith and without any intent to further delay the proceedings in this action. WHEREFORE, ESP respectfully requests that the Court indefinitely stay its deadline to file an answer until 21 days after Plaintiff terminates the stay. Dated January 25, 2019 Respectfully submitted, /s/ David B. Jordan David B. Jordan State Bar No. 24032603 Fed. ID No. 40416 LITTLER MENDELSON, P.C. 1301 McKinney Street, Suite 1900 Houston, TX 77010 713.951.9400 (Telephone) 713.583.2649 (Telecopier) djordan@littler.com ATTORNEY FOR DEFENDANT EMERGENCY SITE PROTECTION, LLC CERTIFICATE OF SERVICE I hereby certify that on January 25, 2019, I electronically filed the foregoing document with the Clerk of Court using the CM/ECF system, which will send notification of such filing to all counsel who have appeared in this case. /s/ David B. Jordan David B. Jordan 2