Oliver v. Bell Trans et al

Filing 22

ORDER Granting 21 Stipulation To Stay All Proceedings (Second Request ). Dispute shall be stayed starting on August 12, 2016, and ending October 23, 2016. See Order for furhter details. Signed by Magistrate Judge Peggy A. Leen on 8/24/2016. (Copies have been distributed pursuant to the NEF - DL)

Case 2:16-cv-00305-JAD-PAL Document 21 Filed 08/19/16 Page 1 of 3

1
2
3
4
5
6
7

ANTHONY L. HALL, ESQ.
Nevada Bar No. 5977
[e-mail]
PETER D. NAVARRO, ESQ.
Nevada Bar No. 10168
[e-mail]
HOLLAND & HART LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Telephone: [phone]; Fax: [phone]
Attorneys for Defendants
UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9

HOLLAND & HART LLP

5441 Kietzke Lane, Second Floor
Reno, NV 89511
Phone: [phone] ♦ Fax: [phone]

CAMERON E. OLIVER, individually and on
10 behalf of others similarly situated,

CASE NO.: 2:16-cv-00305-JAD-PAL

11

STIPULATION TO STAY ALL
PROCEEDINGS FOR

Plaintiff,

12 v.
13 BELL TRANS, a Nevada Corporation, and
BRENT J. BELL,
14
Defendants.
15

(Second Request)

16

Plaintiff Cameron Oliver (“Plaintiff), by and through his counsel of record, and Defendants

17

Bell Trans and Brent Bell (“Defendants”), by and through their counsel of record, submit the

18

below stipulation to stay all proceeding in the above captioned matter. The purpose of this stay is

19

to allow the parties to engage in meaningful settlement discussions in an effort to fully and finally

20

resolve this dispute. Since the parties’ prior request to stay was granted, their negotiations have

21

resulted in an agreement to jointly mediate this case with a related case (also before this Court) in

22

an effort to reach a global resolution as to both matters. For these reasons, the parties now

23

respectfully request additional time to allow for the analysis of wage and hour data in these related

24

matters so that they will not be required to duplicate costs and efforts by mediating both matters

25

separately.

26

The parties therefore stipulate and agree that:

27

1.

28

The above captioned dispute shall be stayed for a period of 72 days commencing on

August 12, 2016, and ending October 23, 2016 (the “Stay Period”);
Page 1 of 3

Case 2:16-cv-00305-JAD-PAL Document 21 Filed 08/19/16 Page 2 of 3

1

2.

The Stay Period is calculated to allow this matter to be stayed so that it can be

2

meditated at the same time as the parties mediate a related class/collective action matter that is also

3

presently before this Court, Case No. 2:15-cv-01066-MMD-PAL, Willie Thurmond v. Presidential

4

Limousine (“Thurmond Matter”). A stipulation to stay all proceedings in that matter until October

5

23, 2016, was recently granted by the Court on July 29, 2016.

6

3.

Since the last stay ordered by the Court in this matter, the parties have worked to

7

identify a list of putative class members in this matter. This list was subsequently provided to

8

Plaintiff, and Plaintiff selected 10% of the individuals on the list for which Plaintiff would need

9

detailed wage and hour information in order to prepare for mediation.

Defendants began

HOLLAND & HART LLP

5441 Kietzke Lane, Second Floor
Reno, NV 89511
Phone: [phone] ♦ Fax: [phone]

10

compiling this information but had difficulty exporting the data from Defendants’ information

11

systems into a searchable format that would allow Plaintiff to efficiently analyze the data. Once

12

Defendants were finally able to export the data, a review of the information (conducted in

13

preparation for production) revealed that a systemic error had occurred when Defendants

14

attempted to export the data in bulk. That error resulted in inaccurate and incomplete data results.

15

Thereafter, Defendants set to re-compile the requested data. While repeating this process was

16

arduous and time-consuming, it was necessary in order to provide Plaintiff with complete and

17

accurate information. Accordingly, the parties respectfully request additional time to now allow

18

Plaintiff a meaningful opportunity to analyze Defendants’ data prior to mediation.

19

4.

If the parties do not resolve this dispute during the Stay Period and do not request

20

an additional stay from the Court to continue settlement negotiations, the parties agree to jointly

21

submit within seven calendar days after the end of the Stay Period: (1) a new Discovery Plan and

22

Scheduling Order; and (2) a briefing schedule for purposes of responding to Defendants’ pending

23

motions (Docket Nos. 7 and 8).

24
25
26
27
28
Page 2 of 3

Case 2:16-cv-00305-JAD-PAL Document 21 Filed 08/19/16 Page 3 of 3

1
2
3

5.

The forgoing request for stay is made in good faith to enable the parties to engage

in meaningful settlement dialogue and not for the purpose of delay.
DATED this 19th day of August, 2016.

4
5
6
7
8
9

HOLLAND & HART LLP

5441 Kietzke Lane, Second Floor
Reno, NV 89511
Phone: [phone] ♦ Fax: [phone]

10
11
12
13
14
15
16
17
18

BY: /s/ Dana Sniegocki, Esq.
LEON GREENBERG, ESQ.
NV Bar No. 8094
[e-mail]
DANA SNIEGOCKI, ESQ.
NV Bar No. 11715
[e-mail]
LEON GREENBERG PROFESSIONAL
CORPORATION
2965 South Jones Blvd – Suite E3
Las Vegas, Nevada 89146
Telephone: [phone]
Fax: [phone]

BY: /s/ Peter D. Navarro, Esq.
ANTHONY L. HALL, ESQ.
Nevada Bar No. 5977
[e-mail]
PETER D. NAVARRO, ESQ.
Nevada Bar No. 10168
[e-mail]
HOLLAND & HART LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Telephone: [phone]
Fax: [phone]

Attorneys for Plaintiff

IT IS SO ORDERED:
____________________________
United States Magistrate Judge
9032343_1

19
20
21
22
23
24
25
26
27
28
Page 3 of 3

Attorneys for Defendants