Gallaway v. Barclays Bank Delaware

Filing 12

ORDER Granting 11 Stipulation to further Stay all Proceedings (Second Request). Signed by Judge Andrew P. Gordon on 1/20/16. (Copies have been distributed pursuant to the NEF - PS)

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RICK D. ROSKELLEY, ESQ., Bar # 3192
ROGER L. GRANDGENETT II, ESQ., Bar # 6323
MONTGOMERY Y. PAEK, ESQ., Bar # 10176
KATHRYN B. BLAKEY, ESQ., Bar # 12701
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHELLE GALLAWAY, on behalf of
herself and all others similarly situated,
Plaintiff,

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BARCLAYS BANK DELAWARE; and
DOES 1 through 50, inclusive,

STIPULATION TO FURTHER STAY ALL
PROCEEDINGS

vs.

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Case No. 2:15-cv-02003-APG-GWF

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SECOND REQUEST
ORDER

Defendant.

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Plaintiff Michelle Gallaway (“Plaintiff”), by and through her counsel of record, and

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Defendant Barclays Bank Delaware (“Defendant”), by and through its counsel of record, submit

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the below stipulation to further stay all proceedings in the above-captioned matter.

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On November 9, 2015, the Court signed a joint stipulation filed by the Parties (Doc. 9) to

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stay all proceeding until February 15, 2016, to grant the Parties time to participate in a mediation

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with mediator David Rottman. Based upon schedules and availability of the Parties and Mr.

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Rottman, the Parties have scheduled the mediation with Mr. Rottman for March 17, 2016.

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Accordingly, to allow the Parties adequate time to engage in meaningful global settlement

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discussions to fully and finally resolve this dispute, pursuant to Local Rules 6-1 and 26-4, the

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Parties seek to further stay all proceedings in this matter to accommodate the scheduled mediation

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date of March 17, 2016.

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The Parties have not engaged in any discovery; however, they are in the process of

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exchanging information which will be beneficial to reaching a global settlement. The Parties

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therefore stipulate and agree that:
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The above-captioned dispute shall be stayed from November 9, 2015, until March

25, 2016 (the “Stay Period”);
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If the Parties do not resolve this dispute during the Stay Period and do not request

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an additional stay from the Court to continue settlement negotiation, the Parties agree that the

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following schedule shall be implemented:
a.

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Plaintiff shall file an amended complaint, if any, fourteen (14) calendar

days after the end of the Stay Period;
b.

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The Parties shall file a proposed Discovery Plan and Scheduling Order

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within fourteen (14) calendar days after the filing of any amended complaint or the lifting of the

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stay, whichever is later;
3.

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The statute of limitations shall be tolled commencing on November 9, 2015, and

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ending on the last day of the Stay Period (or any additional stay period) such that measurement of

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the statute of limitations applicable to any claim asserted under the Fair Labor Standards Act shall

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exclude the Stay Period;

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4.

The Parties reserve all rights and defenses to which they are entitled as of the first

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day of the Stay Period and this stipulation does not effect and is not intended to effect a waiver of

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any such right or defense.

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Dated this19th day of January, 2016.

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THIERMAN LAW FIRM, P.C.

LITTLER MENDELSON, P.C.

/s/ Joshua D. Buck
Mark R. Thierman, Bar # 8285
Joshua D. Buck, Bar # 12187
7287 Lakeside Drive
Reno, Nevada 89511

/s/ Rick Roskelley
Rick Roskelley, Bar No. 3192
Roger L. Grandgenett II,
Montgomery Y. Paek,
Kathryn B. Blakey,
3960 Howard Hughes Parkway, Suite 300
Las Vegas, Nevada 89169

Attorneys for Plaintiff

Attorneys for Defendant

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ORDER

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IT IS SO ORDERED

January 20

, 2016.

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United States District/Magistrate Judge
United States District Judge

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Firmwide:138138345.1 067242.1012

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