Escobal v. Fletcher Jones Imports, Inc.

Filing 16

ORDER re 15 Response to Order to Show Cause. The Court is Satisfied that the Defendant Did Not Willfully Fail to Obey the Court's Order to File a Certificate of Interested Parties, and that Sanctions are not Warranted. Signed by Magistrate Judge Peggy A. Leen on 5/6/2015. (Copies have been distributed pursuant to the NEF - DC)

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Case 2:14-cv-01978-JAD-PAL Document 15 Filed 05/04/15 Page 1 of 2 1 2 3 4 5 6 7 FISHER & PHILLIPS LLP SCOTT M. MAHONEY, ESQ. Nevada Bar No. 1099 WHITNEY J. SELERT, ESQ. Nevada Bar No. 5492 3800 Howard Hughes Parkway Suite 950 Las Vegas, NV 89169 Telephone: (702) 252-3131 FAX: (702) 252-7411 wselert@laborlawyers.com Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA FISHER & PHILLIPS LLP 3800 Howard Hughes Parkway, Suite 950 Las Vegas, Nevada 89169 10 MICHAEL ESCOBAL, Individually 11 Plaintiff, 12 vs. 13 14 FLETCHER JONES IMPORTS, INC., Defendant. 15 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:14-cv-01978-JAD-PAL DEFENDANT’S RESPONSE TO ORDER TO SHOW CAUSE 17 Defendant, above-named, by and through its counsel of record, Whitney Selert, 18 Esq. and Fisher & Phillips, LLP, respectfully submits the following response to this 19 Court’s Order (dkt #14) of April 30, 2015 requiring Defendant to Show Cause for not 20 filing a Certificate of Interested Parties. 21 This Court previously Ordered (dkt #12) that Defendant file its Certificate of 22 Interested Parties on or before April 24, 2015. However, this litigation was resolved at 23 the Early Neutral Evaluation on April 16, 2015 as confirmed by Judge Foley’s minute 24 order of that date (dkt#13). Because the parties’ settlement agreement resolves all 25 claims and includes an agreement to dismiss this case with prejudice, Defendant 26 27 28 Page 1 of 2 FPDOCS 30600134.1 Case 2:14-cv-01978-JAD-PAL Document 15 Filed 05/04/15 Page 2 of 2 1 2 respectfully did not believe any further proceedings or filings were necessary. Dated this 4th day of May, 2015. FISHER & PHILLIPS LLP 3 4 By: /s/ Whitney J. Selert, Esq. Whitney J. Selert, Esq. Nevada Bar No. 5492 3800 Howard Hughes Parkway, Suite 950 Attorneys for Defendant 5 6 7 8 CERTIFICATE OF ELECTRONIC SERVICE FISHER & PHILLIPS LLP This is to certify that on the 4th day of May, 2015, the undersigned, an employee 10 3800 Howard Hughes Parkway, Suite 950 Las Vegas, Nevada 89169 9 of Fisher & Phillips LLP, electronically filed the foregoing DEFENDANT’S 11 RESPONSE TO ORDER TO SHOW CAUSE with the U.S. District Court, and a 12 13 copy was electronically transmitted from the court to the e-mail address on file for: James J. Lee, Esq. 14 By: /s/ Lorraine James-Newman An employee of Fisher & Phillips LLP 15 16 17 18 19 20 Having reviewed the response, the court is satisfied that the Defendant did not willfully fail to obey the court's order to file a certificate of interested parties, and that sanctions are not warranted. 21 22 Dated this 6th day of May, 2015. _______________________ Peggy A. Leen United States Magistrage Judge 23 24 25 26 27 28 Page 2 of 2 FPDOCS 30600134.1

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