Kennedy et al v. R.M.L.V., LLC

Filing 36

ORDER Granting 33 Joint Motion to Vacate 32 Minutes of Proceedings dated 1/14/2014. Signed by Magistrate Judge George Foley, Jr on 1/27/2014. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:12-cv-01134-GMN-GWF Document 33 Filed 01/27/14 Page 1 of 3

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FENNEMORE CRAIG, P.C.
Janice Procter-Murphy (NV Bar No. 10960)
Kevin M. Green (NV Bar No. 12384)
2394 East Camelback Road, Suite 600
Phoenix, AZ 85016-3429
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
R.M.L.V., LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
JENNIFER KENNEDY, an individual,
CHRIS GORDON, an individual, LUIS
PONCE, an individual, JESSICA
STICKEN, an individual, RAY GROH, an
individual, RICARDO PARSONS, an
individual, ED POLLICK, an individual,
HEATHER SCHNEIBERG, an individual,
JON STARK, an individual, ROBERT
THOMAS, an individual, VAIVA
YOUNG, an individual, STEVEN JULIUS
MILLER, an individual, and on BEHALF
OF OTHERS SIMILARLY SITUATED,

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No. 2:12-CV-1134-GMN-GWF

JOINT MOTION
TO VACATE COURT’S JANUARY 14, 2014
MINUTE ENTRY ORDER (ECF No. 32)

Plaintiffs,
v.
R.M.L.V., LLC, a domestic limitedliability company; Individually; DOES I
through X, inclusive; and ROE
CORPORATIONS I through X, inclusive,
Defendants.

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On January 14, 2014, Magistrate Judge Foley held a telephonic status conference to

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discuss enforcement of the parties’ Settlement Agreement (the “Agreement”) as to Christopher

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del Pozo (“del Pozo”). See Minutes of Proceedings (the “Order” (ECF No. 22)). As of the date

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of that status conference, del Pozo had given consent to his counsel to enter into the proposed

FENNEMORE CRAIG, P.C.
PHOENIX

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Case 2:12-cv-01134-GMN-GWF Document 33 Filed 01/27/14 Page 2 of 3

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settlement but subsequently refused to sign the Agreement.

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Following the status conference, the Court ordered Defendant RMLV, LLC (“RMLV”) to

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file a motion requesting enforcement of the settlement agreement. Id. The Court further ordered

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Plaintiffs’ counsel to forward the motion to del Pozo, who would be required to file a response.

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Id. Additionally, the Court stated that a hearing on RMLV’s motion would be set and that del

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Pozo would be required to appear personally at that hearing. Id.

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Subsequently, del Pozo executed the Settlement Agreement.

On January 22, 2014,

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Plaintiffs’ counsel forwarded a copy of del Pozo’s signature page to RMLV’s counsel. In view of

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these circumstances, RMLV’s proposed motion to enforce the settlement as to del Pozo and the

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related hearing are moot. For these reasons, the parties jointly request that the Court vacate its

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Order. With a completely executed Agreement in hand, the parties will proceed promptly with a

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joint motion requesting that the Court approve their settlement.

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DATED: January 27, 2014.

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FENNEMORE CRAIG, P.C.

PARKER SCHEER LAGOMARSINO

By /s/ Kevin M. Green
Janice Procter-Murphy
Kevin M. Green
Attorneys for Defendant
R.M.L.V., LLC

By /s/ Andre Lagomarsino (with permission)
Andre M. Lagomarsino
Attorneys for Plaintiffs

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IT IS SO ORDERED:
January 27, 2014
DATED: ___________________.
The Honorable George Foley, Jr.
United States District Court Magistrate
Judge

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FENNEMORE CRAIG, P.C.
PHOENIX

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Case 2:12-cv-01134-GMN-GWF Document 33 Filed 01/27/14 Page 3 of 3

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CERTIFICATE OF SERVICE

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Pursuant to Local Rule 5-1, I hereby certify that on January 27, 2014, I electronically

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transmitted the attached document to the Office of the Clerk of the United States District Court for

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the District of Nevada using the Court’s CM/ECF System for filing and transmittal of a Notice of

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Electronic Filing to all counsel of record in this matter:

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Andre M. Lagomarsino, Esq.
Parker Scheer Lagomarsino
9555 South Eastern Avenue, #210
Las Vegas, Nevada 89123
Attorneys for Plaintiffs

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By /s/ Colleen A. Loos
An Employee of Fennemore Craig, P.C.

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8836281

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FENNEMORE CRAIG, P.C.
PHOENIX

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