Lo v. ETT Gaming et al

Filing 47

ORDER Granting 43 Motion for More Definite Statement and 45 Stipulation. The Motion hearing currently scheduled for May 19, 2015 at 10:00 a.m. is vacated as the matter is now moot. IT IS FURTHER ORDERED that pursuant to the Courts Februa ry 4, 2015 Order Appointing Counsel, and given the limited scope of representation of Plaintiffs Counsel, that all other proceedings in this action are STAYED pending the outcome of the ENE Conference in this matter. IT IS FURTHER ORDERED that sho uld the ENE Conference not be successful in fully resolving this matter, that the Plaintiff shall have 21 days from the date of the Courts minute order indicating the result of the ENE Conference in which to file an Amended Complaint. Signed by Magistrate Judge Peggy A. Leen on 5/5/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:12-cv-01887-APG-PAL Document 45 Filed 05/01/15 Page 1 of 3

1
2
3
4
5
6

16

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
***
)
YUNG LO,
)
Plaintiff,
) Case No.: 2:12-cv-01887-APG-PAL
)
vs.
)
)
) STIPULATION AND ORDER TO
ETT GAMING and AFFINITY
) GRANT MOTION FOR MORE
GAMING,
) DEFINITE STATEMENT, TO
Defendants.
) SCHEDULE EARLY NEUTRAL
) EVALUATION CONFERENCE, AND TO
) STAY OTHER PROCEEDINGS
) PENDING COMPLETION OF THE ENE
) CONFERENCE
)
)
)
)

17

STIPULATION

7
8
9
10
11

ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

12

KEMP & KEMP

JAMES P. KEMP, ESQUIRE
Nevada Bar No. 006375
KEMP & KEMP
7435 W. Azure Drive, Suite 110
Las Vegas, NV 89130
[phone]/258-6983(fax)
[e-mail]
Attorney for Plaintiff Pro Bono Publico

13
14
15

18

It is hereby stipulated by and between the parties, through their respective counsel, that this

19

matter, being an employment discrimination action, should be scheduled for an Early Neutral

20

Evaluation (ENE) Conference and that during the pendency of the ENE that all other proceedings in

21
22
23
24
25

this matter shall be stayed. Further, the Defendants’ Motion for More Definite Statement should be
granted. This stipulation is submitted and based upon the following:
1.

The above-captioned employment discrimination matter was initiated by the Plaintiff in
proper person on November 5, 2012. Thereafter it languished. The entire history of

26

the case is available on PACER and need not be recited here. However, on February 4,

27

2015 the Court appointed undersigned Counsel, J.P. Kemp, Esq., to represent the

28
1

Case 2:12-cv-01887-APG-PAL Document 45 Filed 05/01/15 Page 2 of 3

1

Plaintiff for the limited purposes of 1) effectuating service of the Complaint; and 2)

2

representing the Plaintiff at an ENE Conference. (Order of Appointment of Counsel,

3

DOC #34)

4

2.

5

Defendants filed a Motion for More Definite Statement and that matter is pending

6

hearing before the Court on May 19, 2015.

7
8

Service of Process on the Defendants has been effectuated. On April 17, 2015 the

3.

On November 26, 2014 (DOC #29) the Court issued an ENE Notice that indicated

9

that the case should be scheduled for an ENE pursuant to LR 16-6 and that Magistrate

10

Judge Foley would be the evaluating Magistrate Judge. However, as yet the ENE

11

Conference has not been scheduled and has not taken place.

ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

12

4.

13

should be granted. The May 19, 2015 hearing on that motion should be vacated as

14

moot.

15
16

5.

The Parties agree that in light of the scope of Mr. Kemp’s representation ordered by the
Court, that all other proceedings in this case should be stayed pending the scheduling

17

and completion of the ENE Conference.

18
19

The Plaintiff stipulates that the Motion for More Definite Statement has merit and

6.

Should the ENE Conference not be successful in resolving the case in its entirety, the

20

Plaintiff shall be given 21 days from the date of the minute order entered by the Court

21

indicating the result of the ENE Conference in which to file an Amended Complaint.

22
23
24
25
26
27

DATED this 1st day of May, 2015.
/s/ James P. Kemp
James P. Kemp, Esq.
Nevada Bar No. 6375
KEMP & KEMP ATTORNEYS AT LAW
7435 West Azure Drive, Suite 110
Las Vegas, NV 89130
Attorney for Plaintiff

/s/ David B. Dornak
Mark J. Ricciardi, Esq.
David B. Dornak, Esq.
FISHER & PHILLIPS
3800 Howard Hughes Pkwy, Suite 950
Las Vegas, NV 89169
Attorneys for Defendants

28
2

Case 2:12-cv-01887-APG-PAL Document 45 Filed 05/01/15 Page 3 of 3

1
2
3
4
5
6
7
8

ORDER
Based upon the foregoing Stipulation of the Parties, and with good cause appearing, IT IS
HEREBY ORDERED that the Stipulation is approved and GRANTED. This matter will be
scheduled for an Early Neutral Evaluation (ENE) Conference with Magistrate Judge Foley at his
convenience and by a separate order issued by him in accordance with the Court’s ENE Notice filed
November 26, 2014 (DOC #29);

9

IT IS FURTHER ORDERED that the Defendants’ Motion for a More Definite Statement

10

should be and hereby is GRANTED. The Motion hearing currently scheduled for May 19, 2015 at

11

10:00 a.m. is vacated as the matter is now moot;

ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

12
13
14
15
16
17
18
19
20

IT IS FURTHER ORDERED that pursuant to the Court’s February 4, 2015 Order Appointing
Counsel, and given the limited scope of representation of Plaintiff’s Counsel, that all other proceedings
in this action are STAYED pending the outcome of the ENE Conference in this matter;
IT IS FURTHER ORDERED that should the ENE Conference not be successful in fully
resolving this matter, that the Plaintiff shall have 21 days from the date of the Court’s minute order
indicating the result of the ENE Conference in which to file an Amended Complaint.
IT IS SO ORDERED

21
22
23

U.S. DISTRICT/ MAGISTRATE JUDGE

24

May 5, 2015
Dated: __________________________

25
26
27
28
3