Guy v. Casal Institute of Nevada, LLC et al

Filing 129

ORDER Granting 128 Stipulation. Signed by Judge Richard F. Boulware, II on 12/9/15. (Copies have been distributed pursuant to the NEF - PS)

Leon Greenberg, Bar No. 8094

1 Dana Sniegocki, Bar No. 11715

Leon Greenberg Professional Corporation

2 2965 South Jones Boulevard #E-4

Las Vegas, NV 89146

3 Tel: [phone]

Fax: [phone]

4 [e-mail]

[e-mail]

5 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

8 MARNI M. GUY, Individually and on
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STIPULATION AND ORDER

Plaintiffs,

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CASE NO. 2:13-cv-02263-RFB-GWF

behalf of all other similarly situated,

vs.
CASAL INSTITUTE OF NEVADA,

12 LLC dba AVEDA INSTITUTE LAS

VEGAS, ARTHUR J. PETRIE, JOHN

13 GRONVALL, and THOMAS
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CIARNELLO,

Defendants.

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Plaintiff and Defendants (“the parties”), by and through their attorneys of

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record, hereby stipulate and agree to the following:
1.

The issue in this action is whether the named plaintiff and the members

of the putative class, all of whom were enrolled students of defendants’ cosmetology

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school, were employees for FLSA and Nevada minimum wage purposes of any of

23 the defendants during the periods of time they were assigned to work, or be
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available to work, on paying customers at the salon that was part of defendants’

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cosmetology school. The parties agree that such salon was part of the operations of

27 the cosmetology school conducted by defendant Casal Institute of Nevada LLC.
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The claims made against all of the other defendants, who are alleged to be certain

2 individuals properly deemed as “joint employers” under the FLSA based up on their
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relationship with Casal Institute, are derivative of the plaintiff’s claims against Casal

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5 Institute. If Casal Institute is found to not be an employer of the plaintiff within the
6 meaning of the FLSA the other defendants also cannot be employers within the
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meaning of the FLSA of the plaintiff.

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2.

In light of the foregoing, the parties believe it they should defer all

10 other activity in this case and proceed at this time with summary judgment motions
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on the issue of whether Casal Institute is, or could possibly be deemed, an

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13 “employer” of the named plaintiff within the meaning of FLSA and/or Nevada law.
14 If that issue is decided upon summary judgment in favor of defendants this case will
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be disposed of in its entirety. If it is not, the parties have agreed to defer the joint

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17 employer, class action certification, and damages issues until after the Court decides
18 the parties’ respective summary judgment motions on the issue of whether Casal
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Institute’s is, or can be, liable on the named plaintiff’s individual claims as such
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21 plaintiff’s “employer” within the meaning of the FLSA and Nevada law.
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2.

Thus, in order to preserve the resources of the Court and the parties, the

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parties have agreed to proceed to brief and file their motions for summary on a

25 determination of liability as against only the corporate defendant, CASAL
26 INSTITUTE OF NEVADA LLC dba AVEDA INSTITUTE LAS VEGAS, and for
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only those claims asserted on behalf of the named plaintiff, MARNI M. GUY,
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individually.

Such motions for summary judgment will be filed on or before

2 December 30, 2015.
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3.

In doing so, the parties agree that discovery on the following topics

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5 shall be held in abeyance until the Court renders a decision on the parties’ respective
6 motions for summary judgment discussed in paragraph 2:
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a.

Production of electronic data files pertaining to the salon services

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conducted in defendants’ student salon by students, and the class

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members’ attendance and presence at that student salon, which

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the parties agree are the “Millennium system data files” and the

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“SMART system data files” as per the hearing held with the

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Court on August 26, 2015;

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b.

Discovery pertaining to defendants’ Affirmative Defenses

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asserted in Defendants’ Answer, Doc. No. 123, filed on

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September 23, 2015; and

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c.

Discovery pertaining to the liability of the individual defendants,

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John Gronvall, Arthur J. Petrie, and Thomas Ciarnello, for

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claims asserted against such defendants under the Fair Labor

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Standards Act.

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4.

In the event summary judgment is granted in favor of the plaintiff, or

26 both parties’ respective motions for summary judgment are denied, the parties agree
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to confer about the remaining discovery to be conducted and provide to the Court,
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within 20 days after the Court enters its Order pertaining to the parties’ respective

2 summary judgment motions, a Discovery Plan and Scheduling Order pertaining to
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the remaining discovery, including a deadline for the filing of a class certification

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5 motion.
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IT IS SO STIPULATED.

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8 Dated this 25th day of November, 2015

Dated this 25th day of November, 2015

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10 _/s/ Leon Greenberg_________
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_/s/ Kristol Bradley Ginapp ___
KRISTOL BRADLEY GINAPP
LEON GREENBERG, ESQ.
Nevada Bar No. 8468
Nevada State Bar No. 8094
LEWIS BRISBOIS BISGAARD &
DANA SNIEGOCKI, Esq.
SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
Nevada State Bar No. 11715
Las Vegas, Nevada 89118
LEON GREENBERG PROFESSIONAL 702.893.3383
CORPORATION
FAX: [phone]
E-mail:
2965 South Jones Boulevard
[e-mail]
Suite E-3
Attorney for Defendants
Las Vegas, NV 89146
Telephone No.: [phone]
Facsimile No.: [phone]
Attorneys for Plaintiffs

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ORDER

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IT IS SO ORDERED this _____ day of __________________, 2015.
9th
December

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____________________________
HON. RICHARD F. BOULWARE
United States District Judge

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