Fisher v. MJ Christensen Jewelers, LLC

Filing 89

ORDER re 88 Joint Status Report Regarding Mediation. Joint Status Report due by 5/18/2016. Signed by Magistrate Judge Nancy J. Koppe on 5/3/16. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-00358-RFB-NJK Document 88 Filed 05/03/16 Page 1 of 3

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Marquis Aurbach Coffing
Scott A. Marquis, Esq.
Nevada Bar No. 6407
Candice E. Renka, Esq.
Nevada Bar No. 11447
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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STEVENSON FISHER, individually and on
behalf of all persons similarly situated,
Case No.:

2:15-cv-00358-RFB-NJK

Plaintiff,
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10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

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vs.

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MJ CHRISTENSEN JEWELERS, LLC, a
Nevada limited liability company; LE VIAN
CORP., a New York business corporation; LX
PUBLICATIONS, LLC, an Illinois limited
liability company dba LX MAGAZINES; LX
PUBLICATIONS, LLC, a Nevada limited
liability company dba LX Magazines; DOES I
through X, inclusive; and ROE
CORPORATIONS I through X, inclusive,

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Defendants.
ORDER REGARDING
JOINT STATUS REPORT REGARDING MEDIATION

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The Parties to the above-entitled action, by and through their respective counsel of record

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herein, hereby submit the following Joint Status Report Regarding Mediation:

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I.

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STATUS OF MEDIATION.
1.

The mediation took place on April 14, 2016 at 9:00 a.m. before Justice Nancy

Becker (Ret.) at the office of Advanced Resolution Management in Las Vegas, Nevada.
2.

Defendant Le Vian Corp. (“Le Vian”) was represented at the mediation by

counsel and a company representative.

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Case 2:15-cv-00358-RFB-NJK Document 88 Filed 05/03/16 Page 2 of 3

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3.

Plaintiff was represented by counsel and was available telephonically.

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4.

Defendant MJ Christensen Jewelers, LLC’s (“MJC”) counsel attended

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telephonically and its principals were available telephonically.

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5.

The Parties negotiated in good faith and made significant progress towards global

resolution of the case.

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6.

Le Vian’s counsel and representative required additional time to discuss the

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settlement with management in New York. Because it was late in the day and given the three-

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hour time difference, the Parties were not able to reach resolution on the mediation date.

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2016 (Docket #86).

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8.

The Parties continue to negotiate in good faith; however, the process was slowed

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10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

The Parties submitted a Joint Status Report Regarding Mediation on April 19,

by Le Vian’s counsel traveling the week of April 18th and the decision makers at Le Vian being

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out of the office the week of April 25th in observance of Passover.

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9.

The Parties have remained in communication with the mediator and continue to

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negotiate. The Parties are working towards a resolution before the need to take the following

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depositions, which require travel on the part of Le Vian’s principals from New York and its

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counsel from California.

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10.

The following depositions are currently scheduled:

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a.

MJC’s FRCP 30(b)(6) designee: May 10, 2016.

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b.

Le Vian’s FRCP 30(b)(6) designee: May 12, 2016.

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11.

The following are the current discovery deadlines:

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a.

Close of discovery: June 13, 2016

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b.

Motion for Class Certification: June 13, 2016

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c.

Dispositive Motions: July 13, 2016

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d.

Joint Pretrial Order: August 12, 2016

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Case 2:15-cv-00358-RFB-NJK Document 88 Filed 05/03/16 Page 3 of 3

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12.

Accordingly, the Parties propose that they submit another Joint Status Report

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Regarding Mediation on or about May 18, 2016, at which time the Parties will have either settled

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or will have proceeded with depositions and be proceeding towards completion of discovery.

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Dated this 3rd day of May, 2016

Dated this 3rd day of May, 2016

MARQUIS AURBACH COFFING

FABIAN VANCOTT

By: /s/ Candice E. Renka, Esq.
SCOTT A. MARQUIS, ESQ.
Nevada Bar No. 6407
CANDICE E. RENKA, ESQ.
Nevada Bar No. 11447
10001 Park Run Drive
Las Vegas, NV 89145
Attorneys for Plaintiff Stevenson Fisher

By: /s/ Kevin N. Anderson, Esq.
KEVIN N. ANDERSON, ESQ.
Nevada Bar No. 4512
601 South 10th Street, Suite 204
Las Vegas, Nevada 89101
Attorney for Defendant MJ Christensen
Jewelers, LLC

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10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

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Dated this 3rd day of May, 2016

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MORGAN LEWIS & BOCKIUS LLP

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By: /s/ Joseph Duffy, Esq.
JOSEPH DUFFY, ESQ.
California Bar No. 241854
300 South Grand Avenue, 22nd Floor
Los Angeles, California 90071
Pro Hac Attorney for Defendant Le Vian
Corp.

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A further joint status report shall be filed no later
than May 18, 2016. IT IS SO ORDERED.
Dated: May 3, 2016

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____________________________
United States Magistrate Judge

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