Wright v. Jacob Transportation Services, LLC et al

Filing 28

ORDER Granting 26 Stipulation to Stay Discovery/Submission of Discovery Schedule. Discovery Plan/Scheduling Order due by 7/6/2015. Signed by Magistrate Judge George Foley, Jr on 4/13/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-00056-JAD-GWF Document 26 Filed 04/03/15 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RAYMOND WRIGHT, an individual and
resident of Nevada; on behalf of himself and
all similarly situated individuals,

)
) CASE NO. 2:15-CV-56-JAD-GWF
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Plaintiff,
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vs.
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JACOB TRANSPORTATION, LLC, a
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Nevada Limited Liability Company, dba
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Executive Las Vegas,
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Defendant,
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_________________________________________ )
STIPULATION AND ORDER TO STAY DISCOVERY /
SUBMISSION OF DISCOVERY SCHEDULE

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IT IS HEREBY STIPULATED AND AGREED, by and between, Plaintiff Raymond
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Wright, through his undersigned counsel, and Defendant Jacob Transportation Services, LLC,

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though its undersigned counsel, that, other than initial disclosures required by Fed. R. Civ. P. 26,

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discovery in this matter be stayed, and that submission of a proposed Discovery Scheduling

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Order be stayed, until JULY 6, 2015.

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In support of this Stipulation, the parties state the following. The parties enter into this
Stipulation because this case presents allegations under the Fair Labor Standards Act and seeks

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to proceed as a collective action, because this case is in the early stages of litigation, and because
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the Court has scheduled a hearing to take place on June 29, 2015, to determine whether to grant

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or deny Plaintiff’s motion for conditional certification. Such motion, by seeking conditional

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certification, has the potential to substantially impact the discovery, and the scope of discovery,

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in which the parties will need to engage. Such certification has the potential to increase the

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number of claimants, and the issues upon which discovery may need to occur. Such certification
will also determine whether the current Plaintiff will proceed solely on his own claims, or

Case 2:15-cv-00056-JAD-GWF Document 26 Filed 04/03/15 Page 2 of 3

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whether additional issues must be explored in light of such Plaintiff proceeding in a

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representative capacity on behalf of others.

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In addition, FLSA actions raise issues concerning attorney fees, liquidated damages, and
other damages that can increase the difficulty of resolution if the parties engage in substantial

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discovery of the initial party-plaintiffs prior to a proceeding that has the potential to shed light of
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the scope of discovery that will be needed. Staying discovery for this limited period will avoid

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duplication of discovery procedures that might otherwise occur. The requested deadline for

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submitting a proposed discovery scheduling order to the Court is set at one week after the June

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29, 2015 hearing that will occur before the Court. All parties are in agreement regarding this

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limited stay. No prejudice will be caused in light of the hearing date already being set, and that

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such hearing will occur within a reasonable period. The stay is only of discovery, and the parties

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remain free to raise other pertinent matters before the Court or otherwise engage in preparation
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of the claims.

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This Stipulation is submitted in good faith, and in the interest of judicial economy. It

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complies with Federal Rule of Civil Procedure 1 in that it seeks an “inexpensive” determination

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of the issues in the case while still serving the interest of “speedy” determination since the date

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of hearing on June 29, 2015 has already been set and is known. Once the hearing occurs, the
parties will have one week to submit their proposed Discovery Scheduling Order.

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DATED: April 3, 2015.

DATED: April 3, 2015.
LOVATO LAW FIRM, P.C.

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/s/ David Grounds
David H. Grounds (admitted pro hac vice)
MN Bar No. 285742
Jacob R. Rusch (admitted pro hac vice)
MN Bar No. 391892
33 South Sixth Street, Suite 4530
Minneapolis, Minnesota 55402
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

/s/ Mario Lovato
MARIO P. LOVATO
Nevada Bar No. 7427
8670 W. Cheyenne Ave. Ste 120
Las Vegas, NV 89129
Tel: [phone]
Fax: [phone]
E: [e-mail]
Attorney for Defendant
Jacob Transportation Services, LLC
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Case 2:15-cv-00056-JAD-GWF Document 26 Filed 04/03/15 Page 3 of 3

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Email: [e-mail]

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Jason J. Thompson (pro hac vice pending)
MI Bar No. P47184
Jesse L. Young (pro hac vice pending)
MI Bar No. P72614
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, Michigan 48076
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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Don Springmeyer
NV Bar No. 1021
WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
3556 E. Russell Road, Second Floor
Las Vegas, Nevada 89120
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiffs

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ORDER
IT IS SO ORDERED.
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DATED: April _____, 2015.

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UNITED STATES MAGISTRATE JUDGE

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