U.S. Equal Employment Opportunity Commission v. Mattress Firm, Inc.

Filing 8

ORDER Granting 7 Plaintiff's Motion to Lift Stay. The 6 Court's stay issued on 10/1/2013 is lifted. Signed by Magistrate Judge Cam Ferenbach on 10/22/2013. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:13-cv-01745-GMN-VCF Document 7 Filed 10/21/13 Page 1 of 4

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Anna Y. Park, CA SBN 164242
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
E Mail: [e-mail]
Elizabeth A. Naccarato, NV BAR #11221
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
333 Las Vegas Boulevard South, Suite 8112
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
E Mail: [e-mail]

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Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
15 OPPORTUNITY COMMISSION
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. EQUAL EMPLOYMENT
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OPPORTUNITY COMMISSION,
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Plaintiff,
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vs.
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MATTRESS FIRM, INC. ; and DOES )
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1-15, INCLUSIVE
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Defendants.
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Case No.: 2:13-cv-01745 GMN-VCF
PLAINTIFF EEOC’S EX- PARTE
MOTION TO LIFT STAY, AND
[PROPOSED] ORDER
The Honorable Cam Ferenbach
United States District Court

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Case 2:13-cv-01745-GMN-VCF Document 7 Filed 10/21/13 Page 2 of 4

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TO THE CLERK OF COURT:

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PLEASE TAKE NOTICE THAT: Plaintiff Equal Employment Opportunity Commission
(“EEOC”) moves this Court to lift the stay of these proceedings.

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On September 30, 2013, funding for the federal government lapsed. As a result of this

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lapse in funding, Plaintiff Equal Employment Opportunity Commission (“EEOC”) moved the

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court to stay these proceeding as counsel for the EEOC was prohibited from working on this

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matter during the federal government shutdown.

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On October 1, 2013, the Court granted a thirty day stay and ordered that Plaintiff file a
motion to lift the stay if the government shutdown ended prior to October 31, 2013 (Docket No.
6).

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On October 17, 2013, funding for the federal government was restored and Plaintiff

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EEOC resumed operations. Plaintiff EEOC is unaware of any deadlines that have passed or

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dates which have been affected by the stay.

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District courts possess “the inherent procedural power to reconsider, rescind, or modify

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an interlocutory order” when it finds sufficient cause to do so. See City of Los Angeles, Harbor

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Div. v. Santa Monica Baykeeper, 254 F.3d 882, 885 (9th Cir. 2001). “The same court that

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imposes a stay of litigation has the inherent power and discretion to lift the stay.” Canady v. Erbe

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Elektromedizin GmbH, 271 F.Supp.2d 64, 74 (D.D.C.2002). “When circumstances have

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changed such that the court's reasons for imposing the stay no longer exist or are inappropriate,

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the court may lift the stay.” Id. Here, the Court granted the stay as counsel for the EEOC was

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prohibited from working on this matter during the lapse in government funding. As funding has

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now been restored, Plaintiff EEOC respectfully requests that the Court lift the stay in these

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proceedings.

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Dated: October 1, 2013

Respectfully submitted,
s/ Elizabeth A. Naccarato
Elizabeth A. Naccarato
Trial Attorney
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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Case 2:13-cv-01745-GMN-VCF Document 7 Filed 10/21/13 Page 3 of 4

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ORDER

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FOR GOOD CAUSE SHOWING, EEOC’s MOTION IS GRANTED. THIS COURT
HEREBY ORDERS THAT
The Court’s stay, issued on October 1, 2013 (Docket No. 6) is lifted.

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IT IS SO ORDERED.
10-22-2013
Dated: __________________

_____________________________
Hon. Cam Ferenbach
U.S. Magistrate Judge

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Case 2:13-cv-01745-GMN-VCF Document 7 Filed 10/21/13 Page 4 of 4

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CERTIFICATE OF SERVICE VIA ELECTRONIC FILING SYSTEM
I am, and was at the time the herein mentioned mailing took place, a citizen

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of the United States, over the age of eighteen (18) years and not a party to the

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above-entitled cause.

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I am employed in the Legal Unit of the Las Vegas Local Office of the
United States Equal Employment Opportunity Commission.
My business address is Equal Employment Opportunity Commission, Los
Angeles District Office, 333 Las Vegas Boulevard South, Suite 8112, Las Vegas,
Nevada 89101.
On the date that this declaration was executed, as shown below, I served the
foregoing PLAINTIFF EEOC’S EX- PARTE MOTION TO LIFT STAY
AND [PROPOSED] ORDER via the Case Management/Electronic Case Filing
(CM/ECF) system at Las Vegas, Clark County, Nevada.
I declare under penalty of perjury that the foregoing is true and correct.

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Executed on October 21, 2013, at Las Vegas, Nevada, Clark County.

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/s/ Elizabeth A. Naccarato

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