Wyatt v. Sears, Roebuck and Co.

Filing 10

ORDER IT IS HEREBY ORDERED that Sears Motion to Dismiss, or in the Alternative, Motion to Stay Pending Arbitration Proceedings is moot in light of the instant Stipulation and the above captioned matter shall be stayed; provided, however, that the Court shall retain jurisdiction pending the conclusion of the arbitration proceedings. IT IS FURTHER ORDERED that this matter be stayed until 5/5/16, at which time a stipulation of dismissal shall be filed, or in the alternative, a status report shall be filed. Signed by Judge Richard F. Boulware, II on 1/6/16. (Copies have been distributed pursuant to the NEF - PS)

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Elayna J. Youchah, Bar No. 5837
[e-mail]
Sarah T. Bassett, Bar No. 12326
[e-mail]
JACKSON LEWIS P.C.
3800 Howard Hughes Pkwy, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]

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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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SUSAN WYATT, an individual,
Plaintiff,

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Case No. 2-15-cv-02323-RFB-CWH
STIPULATION AND ORDER TO STAY
PROCEEDINGS PENDING BINDING
ARBITRATION

vs.

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SEARS, ROEBUCK AND CO., a foreign
corporation; DOES I-X; ROE
CORPORATIONS I-X;

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Defendants.

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Defendant Sears, Roebuck and Co. (“Sears”) and Susan Wyatt (“Plaintiff”), by and
through their respective counsel, hereby stipulate and agree (the “Stipulation”) as follows:
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On October 31, 2015, Plaintiff filed a Complaint in the Eighth Judicial District

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Court, Clark County, Nevada, alleging three causes of action for: (1) age discrimination in

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violation of Title VII, the Age Discrimination in Employment Act and NRS 613.310 et. seq.; (2)

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disability discrimination in violation of the American with Disabilities Act and NRS 613.310 et.

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seq.; and (3) hostile work environment in violation of Title VII and NRS 613.330;

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2.

On December 8, 2015, Sears removed the Action to federal court (Dkt. No. 1);

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3.

On December 15, 2015, Sears filed a Motion to Dismiss, or in the Alternative,

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Motion to Stay Pending Arbitration Proceedings demonstrating that during the course of

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Plaintiff’s employment Plaintiff and Sears entered into a mandatory, binding Arbitration

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Policy/Agreement (Dkt. No. 4); and

Jackson Lewis P.C.
Las Vegas

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4.

The proceedings before the Court should be stayed so that this dispute may be

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submitted to binding arbitration pursuant to the terms of the Arbitration Agreement.

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DATED: December 28, 2015

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JACKSON LEWIS P.C.

DEVNEY LAW FIRM

/s/ Steven C. Devney
Steven C. Devney, Bar No. 12728
4170 S. Decatur Blvd. Suite B5-6
Las Vegas, NV 89103

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/s/ Sarah T. Bassett
Elayna J. Youchah, Bar No. 5837
Sarah T. Bassett, Bar No. 12326
3800 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169

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Attorneys for Defendant

Dated: December 28, 2015

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Attorneys for Plaintiff

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ORDER

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IT IS HEREBY ORDERED that Sears’ Motion to Dismiss, or in the Alternative, Motion

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to Stay Pending Arbitration Proceedings is moot in light of the instant Stipulation and the above

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captioned matter shall be stayed; provided, however, that the Court shall retain jurisdiction

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pending the conclusion of the arbitration proceedings.

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______________________________________________
UNITED STATES DISTRICT/MAGISTRATE JUDGE
Dated: __________________________
__________________
RICHARD F. BOULWARE, II
United States District Judge

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Jackson Lewis P.C.
Las Vegas

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