Bauman v. Saxe Management LLC et al

Filing 215

ORDER Granting 214 Unopposed Motion to Continue Stay. Signed by Judge Richard F. Boulware, II on 8/8/2019. (Copies have been distributed pursuant to the NEF - MR)

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JEFF SILVESTRI
Nevada Bar No. 5779
McDONALD CARANO WILSON LLP
2300 W. Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone:
[phone]
Fax:
[phone]
E-mail:
[e-mail]

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KENNETH E. PAYSON (admitted pro hac vice)
Washington Bar No. 26369
JAMES HARLAN CORNING (admitted pro hac vice)
Washington Bar No. 45177
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]

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Attorneys for the Saxe Defendants

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DAVIS WRIGHT TREMAINE LLP

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JEREMY BAUMAN, et al.,
Plaintiffs,

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vs.

Defendants.
BIJAN RAZILOU, et al.,

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UNOPPOSED MOTION TO CONTINUE
STAY

DAVID SAXE; et al.,

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Case No. 2:14-cv-01125-RFB-BNW

In consolidation with
Case No.: 2:14-cv-01160-RFB-BNW

Plaintiffs,
vs.
DAVID SAXE; et al.,
Defendants.

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UNOPPOSED MOTION
The Saxe Defendants1 and Plaintiffs Jeremy Bauman and Bijan Razilou jointly move the

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Court to enter the following Order (i) continuing the staying this case for a period of (30) days

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while they finalize a written settlement agreement memorializing the settlement reached at the

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mediation on May 15, 2019, and (ii) vacating the briefing schedule on the Saxe Defendants’

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Renewed Motion for Reconsideration [Dkt. 209; corrected image at Dkt. 212] while they finalize

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their settlement and prepare to present it to the Court for approval. The Saxe Defendants and

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Plaintiffs are informed and understand that Twilio does not oppose this motion. In support of their

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request, the Saxe Defendants and Plaintiffs represent the following:

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920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
[phone] FAX: [phone]

DAVIS WRIGHT TREMAINE LLP

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1.

On May 15, 2019, the Saxe Defendants and Plaintiffs participated in a mediation on

May 15, 2019, and reached an agreement in principle to resolve this case on a class-wide basis.

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2.

The parties are finalizing a written settlement agreement, pursuant to which

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Plaintiffs intend to present the Court with a motion for preliminary approval of a class-wide

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settlement. The parties anticipate the settlement agreement will be finalized and signed within two

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weeks. Plaintiffs further anticipate they will be in a position to file a motion for preliminary

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approval of the settlement within two weeks following the execution of the settlement agreement.

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3.

In the Court’s July 8, 2019 Minute Order [Dkt. 207], the Court denied without

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prejudice the Saxe Defendants’ Motion for Reconsideration [Dkt. 196] in light of the parties’

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representations concerning the negotiation of a formal settlement agreement. As the Court is

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aware, on January 10, 2019, it entered an Opinion and Order [Dkt. 193], granting in part and

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denying in part Plaintiffs’ Motion to Certify Class. Ordinarily, any petition to the Ninth Circuit

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Court of Appeals seeking interlocutory review of that order must be filed within fourteen (14)

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days after the order is entered, see Fed. R. Civ. P. 23(f); however, that deadline resets upon the

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filing and resolution of a motion for reconsideration. See, e.g., Lambert v. Nutraceutical Corp.,

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870 F.3d 1170, 1178, 98 Fed. R. Serv. 3d 981 (9th Cir. 2017) (“[A]s a baseline matter … a motion

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The Saxe Defendants are V Theater Group, LLC; Saxe Theater, LLC; David Saxe Productions,
Inc.; David Saxe Productions, LLC; Saxe Management, LLC, and David Saxe.
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for reconsideration filed within fourteen days of a certification decision tolls the Rule

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23(f) deadline.”).

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4.

Because the parties’ negotiated resolution of this case is contingent on the Court’s

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preliminary and final approval of the proposed class-wide settlement—approval which the Court

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could ultimately grant or deny—the Saxe Defendants wish to avoid prejudicing their option to

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seek interlocutory review of the class-certification order under Rule 23(f) should the Court deny

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approval of the settlement. To that end, the Saxe Defendants have submitted a Renewed Motion

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for Reconsideration of the Court’s class certification order [Dkt. 209; corrected image at Dkt.

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212].
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In the interest of avoiding expense to the parties and conserving the Court’s

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920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
[phone] FAX: [phone]

DAVIS WRIGHT TREMAINE LLP

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resources, the Saxe Defendants and Plaintiffs agree (subject to Court approval) to continue the

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stay in this matter for thirty days, to vacate the briefing schedule on the Saxe Defendants’ Motion

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for Reconsideration, and to defer the Court’s consideration of that Motion until after the Court

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rules on Plaintiffs’ to-be-filed motion for preliminary (and, if granted, final) approval of the class-

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wide settlement. Doing so will afford Plaintiffs and the Saxe Defendants the opportunity to

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finalize their settlement and prepare to present it to the Court for approval.

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6.

Based on the foregoing, the Saxe Defendants and Plaintiffs request that the Court

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enter the accompanying Order.

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///

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Stipulated to and respectfully submitted this 24th day of July 2019, by:

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Philip S. Aurbach
Nevada Bar No. 1501
Michael David Maupin
Nevada Bar No. 13721
MARQUIS AURBACH COFFING
10001 Park Run Drive
Las Vegas, Nevada 89145

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920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
[phone] FAX: [phone]

DAVIS WRIGHT TREMAINE LLP

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/s/ Albert H. Kirby
Albert H. Kirby
Washington Bar No. 40187
Admitted Pro Hac Vice
SOUND JUSTICE LAW GROUP, PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103

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Attorneys for Plaintiff Jeremy Bauman

/s/ Kenneth E. Payson
Kenneth E. Payson
Washington Bar No. 26369
Admitted Pro Hac Vice
James Harlan Corning
Washington Bar No. 45177
Admitted Pro Hac Vice
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Jeff Silvestri
Nevada Bar No. 5779
McDONALD CARANO
2300 W. Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Attorneys for the Saxe Defendants

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/s/ Matthew R. Mendelsohn
Matthew R. Mendelsohn
New Jersey Bar No. 015582005
Admitted Pro Hac Vice
MAZIE SLATER KATZ & FREEMAN,
LLC
103 Eisenhower Parkway
Roseland, New Jersey 07068
Payam Shahian
California Bar No. 228406
Admitted Pro Hac Vice
STRATEGIC LEGAL PRACTICES, APC
1875 Century Park East, Suite 700
Los Angeles, California 90067

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Dennis L. Kennedy
Nevada Bar No. 14625
Paul C. Williams
Nevada Bar No. 12524
BAILEY KENNEDY
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148

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Attorneys for Plaintiff Bijan Razilou

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ORDER
Having considered the Saxe Defendants’ and Plaintiffs’ Unopposed Motion to Continue

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Stay, and good cause appearing therefore, the Court hereby GRANTS the Unopposed Motion.

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This case shall remain STAYED until August 23, 2019, and the Court suspends all case-related

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deadlines and activities. The briefing schedule for the Saxe Defendants’ [208] Renewed Motion

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for Reconsideration is suspended pending further order of the Court.

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By no later than August 23, 2019, either a motion for preliminary approval of settlement

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shall be filed or a Joint Status Report shall be submitted to the Court proposing how this matter

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will proceed.

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920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
[phone] FAX: [phone]

DAVIS WRIGHT TREMAINE LLP

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IT IS SO ORDERED.
August 8
DATED: _____________________, 2019

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_______________________________

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UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE

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I hereby certify that on July 24, 2019, I caused the foregoing to be electronically filed with

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the Clerk of the Court using the CM/ECF system which will send notifications of such filing to all

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counsel of record as of the time of the filing.

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/s/ James Harlan Corning
James Harlan Corning

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920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
[phone] FAX: [phone]

DAVIS WRIGHT TREMAINE LLP

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