Ficken v. New Castle Corp

Filing 35

ORDER Granting in Part and Denying in Part 23 MOTION to Stay Proceedings. Responses to 31 MOTION to Certify Class Motion for Circulation of FLSA Notice are due by 8/25/2013. This case is not stayed as to any Fed.R.Civ.Pro. 26(a) disclosures or discovery pertaining to potential employee class members who are not represented by the Culinary Union or Teamster Unions. Signed by Magistrate Judge George Foley, Jr on 7/25/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DANIELLE FICKEN, on behalf of herself
and all others similarly situated,

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Plaintiff,
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vs.
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NEW CASTLE CORP. dba EXCALIBUR
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HOTEL AND CASINO,
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Defendant.
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__________________________________________)

Case No. 2:13-cv-00600-APG-GWF

ORDER
Motion to Stay Proceedings - #23

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This matter is before the Court on Defendant’s Motion to Stay Proceedings (#23), filed on

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June 21, 2013; Plaintiff’s Opposition to Motion for Stay Proceedings (#26), filed on July 5, 2013;

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and Defendant’s Reply in Support of Motion to Stay Proceedings (#29), filed on July 19, 2013.

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The Court conducted a hearing in this matter on July 25, 2013. For the reasons stated on the record

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during the hearing,

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IT IS HEREBY ORDERED that Defendant’s Motion to Stay Proceedings (#23) is
granted, in part, as follows:

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1.

Defendant shall have until August 25, 2013 to file a response to Plaintiff’s Motion

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for Circulation of Notice Pursuant to 29 U.S.C. § 216(b), subject to the condition, and Defendant’s

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agreement on the record during the hearing, that the running of the statutes of limitations otherwise

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applicable to Plaintiff’s claims are tolled for the period of the stay or extension granted by this

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order.

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2.

Any Fed.R.Civ.Pro. 26(a) disclosures or discovery pertaining to potential employee

class members who are represented by the Culinary Union or Teamster Unions is also stayed until

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August 25, 2013 subject to the condition, and Defendant’s agreement on the record during the

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hearing, that the running of the statutes of limitations otherwise applicable to Plaintiff’s claims are

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tolled for the period of the stay or extension granted by this order.

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3.

This case is not stayed as to any Fed.R.Civ.Pro. 26(a) disclosures or discovery

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pertaining to potential employee class members who are not represented by the Culinary Union or

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Teamster Unions.

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DATED this 25th day of July, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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