Grayson v. Fifth Generation, Inc.

Filing 12

ORDER Granting 11 Stipulation for Stay of Action. Signed by Judge Richard F. Boulware, II on 4/21/15. (Copies have been distributed pursuant to the NEF - TR)

Danny J. Horen, Esq.
NV Bar No. 13153
Kazerouni Law Group, APC
7854 W. Sahara Avenue
Las Vegas, NV 89117
Telephone: [phone]x7
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff,
Marcus Grayson
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
MARCUS GRAYSON, on behalf
of himself and all others similarly
situated,
Plaintiff,
v.

Case No.: 2:15-cv-00150-RFB-NJK

STIPULATION
AND
[PROPOSED]
ORDER FOR STAY OF ACTION
(First Request)

FIFTH GENERATION, INC.,
d.b.a. TITO’S HANDMADE
VODKA ,
Defendant.

Plaintiff Marcus Grayson (“Grayson”) and Defendant Fifth Generation, Inc.
(“Tito’s”) by and through their undersigned counsel of record, hereby agree to seek
an order staying this action pending resolution of Plaintiff Gary Hofmann’s
Motion to Transfer Related Tito’s Handmade Vodka Marketing and Sales
Practices Litigation Actions to the Southern District of California for Coordinated
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Pretrial Proceedings Pursuant to 28 U.S.C. § 1407 (“Motion to Transfer”),
pending under filing Number 2634 and naming the instant action as an “associated
case,” in IN RE: Tito's Handmade Vodka Marketing and Sales Practices Litigation.
In support of this Stipulation, the parties agree as follows.
The parties agree that if the Judicial Panel on Multidistrict Litigation
(“JPML”) denies the Motion to Transfer, Plaintiff will have fourteen (14) days to
respond to Defendant’s currently pending Motion to Dismiss or In The Alternative
Motion for A More Definite Statement (Dkt. No. 6) (“Motion to Dismiss”).
Defendant will thereafter have fourteen (14) days from Plaintiff’s response to file
its Reply. If the JPML grants the Motion to Transfer, then these proceedings will
be suspended pending further order of the JPML.
This Stipulation also suspends any discovery obligations between the parties,
including, any Rule 26 conferences and deadlines under any scheduling orders. If
the JPML denies the Motion to Transfer, the suspension provided by this
Stipulation will continue until 30 days after the Court rules on the Motion to
Dismiss.

If the JPML grants the Motion to Transfer, then any discovery

obligations and deadlines will also be suspended pending further order of the
JPML and this Court.

Otherwise, the Stipulation is not intended to affect any

rights or obligations of the parties as to discovery. The parties also reserve their
rights to object to or seek protection from discovery requests propounded to them
and file a proposed protective order, should the need arise, pursuant to LR 16.1-3
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and LR 16.1-4
Dated: April 14, 2015
BY: /S/ DANNY J. HOREN__________
DANNY J. HOREN, ESQ.
NEVADA BAR NO: 13153
KAZEROUNI LAW GROUP, APC
7854 W. SAHARA AVE.
LAS VEGAS, NV 89117
ATTORNEYS FOR PLAINTIFF

BY: /S/ KARA B. HENDRICKS_______
KARA B. HENDRICKS, ESQ.
NEVADA BAR NO: 7743
GREENBERG TRAURIG, LLP
3773 HOWARD HUGHES PKWY.
SUITE 400 NORTH
LAS VEGAS, NV 89169
ATTORNEYS FOR DEFENDANT
ORDER

IT IS SO ORDERED.
DATE: APRIL ____, 2015
21

BY:___________________________
__________________________
HON. NANCY KOPPE
RICHARD F. BOULWARE, II
United States District Judge

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