Yousif v. The Venetian Casino Resort, LLC

Opinion

1 OGLETREE, DEAKINS, NASH, SMOAK, & STEWART, PC. 2 Molly M. Rezac, Nev. Bar No. 7435 3 50 West Liberty Street, Suite 920 Reno, Nevada 89501 4 Tel. (775) 440-2372 Fax. (775) 440-2376 5 molly.rezac@ogletreedeakins.com

6 DLA PIPER LLP Mary C. Dollarhide, admitted pro hac vice 7 4365 Executive Drive, Suite 1100 San Diego, CA 82121 8 Tel, (858) 677-1429 Fax. 9 Mary.dollarhide@us.dlapiper.com

10 Attorneys for Defendant The Venetian Casino Resort, LLC

11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 MUSTAFA YOUSIF and SHARONE WALKER ) CASE NO. 2:16-cv-02941-RFB-NJK on behalf of themselves and all others similarly ) 14 situated, ) STIPULATION AND [PROPOSED] ) ORDER TO STAY ACTION PENDING 15 Plaintiffs, ) MEDIATION ) 16 v. Second Request )

17 THE VENETIAN CASINO RESORT, LLC; ) LAS VEGAS SANDS, CORP and DOES 1 ) 18 through 50, inclusive, ) ) 19 Defendants. ) ) 20 21 Pursuant to Local Rules (“LR”) IA 6-2 and LR 7-1, Plaintiffs MUSTAFA YOUSIF and 22 SHARONE WALKER (“Plaintiffs”), by and through their counsel of record THIERMAN BUCK, 23 LLP, and Defendant THE VENETIAN CASINO RESORT, LLC (“Defendant”), by and through its 24 counsel of record DLA PIPER, LLC, and OGLETREE, DEAKINS, NASH, SMOAK, & 25 STEWART, P.C., hereby request and stipulate to stay the entire action, including but not limited to 26 the class certification briefing and hearing date, in the above captioned matter pending mediation. 27 The purpose of the Stay is to promote judicial economy and allow this court to more 28 effectively control the disposition of the cases on its docket with economy of time and effort for 1 itself, for counsel, and the litigants. See Landis v. N. Am. Co., 299 U.S. 248, 254 (U.S. 1936) (“[T]he 2 power to stay proceedings is incidental to the power inherent in every court to control the disposition 3 of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.”); 4 Pate v. DePay Orthopedics, Inc., 2012 WL 3532780, at * 2 (D. Nev. Aug. 14, 2012) (“A trial court 5 may, with propriety, find it is efficient for its own docket and the fairest course for the parties to 6 enter a stay of an action before it, pending resolution of independent proceedings which bear upon 7 the case.”), citing Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979). 8 The Parties attended mediation on November 21, 2019, but were unable to reach a settlement 9 agreement on that date. However, the Parties have agreed to attend a second mediation currently 10 scheduled for February 28, 2020 in an attempt to resolve all remaining claims in the action. Pending 11 the outcome of the Parties’ attempt to achieve a resolution of all remaining claims, the Parties will 12 provide a Status Report to the Court no later than fifteen (15) days following the mediation setting 13 forth the following dates: 14 1) Should the Parties reach a settlement, the Parties will set forth a proposed briefing 15 schedule for Settlement approval. 16 2) Should the Parties be unsuccessful at resolving all claims, the Parties shall set forth a 17 proposed briefing schedule to address (1) Plaintiffs’ Motion for a Protective Order [DKT. #134 ] 18 and (2) Plaintiffs’ Motion for Class Certification Under Rule 23 of the Federal Rules of Civil 19 Procedure [DKT. # 126]. 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / ] This Stipulation is made in good faith and not for the purposes of undue burden or delay. 2 || ITIS SO STIPULATED: 3 Dated this 26th day of November 2019 Dated this 26th November 2019 4 || THIERMAN BUCK, LLP OGLETREE, DEAKINS, NASH, SMOAK, & ; STEWART, P.C.

6 /s/ Leah L. Jones /s/ Molly M. Rezac Mark R. Thierman, Esq., Bar No. 8285 Molly M. Rezac, Nev. Bar No. 7435 7 || Joshua D. Buck, Esq., Bar No. 12187 50 West Liberty Street, Suite 920 Leah L. Jones, Esq., Bar No. .13161 Reno, Nevada 89501 8 || 7287 Lakeside Drive Reno, Nevada 89511 /s/ Mary C. Dollarhide 9 Mary C. Dollarhide, admitted pro hac vice 4365 Executive Drive, Suite 1100 10 || Aéorneys for Plaintiffs San Diego, CA 82121 1] D Attorneys for Defendant 3 ORDER 14 IT IS HEREBY ORDERED that the Parties’ Stipulation and Order to stay action in the 15 above captioned matter is granted. 16 IT IS FURTHER ORDERED that the Parties will submit a Joint Status Report no later 7 than 15 days following the Parties’ mediation to inform the Court if the Parties have come to an 18 early resolution. 19 IT IS SO ORDERED: < RICHARD F. WARE, II 20 UNITED STATES DISTRICT JUDGE 21 DATED this 27th day of November, 2019. 22 23 24 25 26 27 28

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