Oliver v. Bell Trans et al

Filing 26

ORDER Granting 25 Stipulation Staying Proceedings. IT IS FURTHER ORDERED that 7 Bell Trans's Motion to Dismiss and 8 Motion to Certify Questions of Law to the Nevada Supreme Court are DENIED without prejudice to their refiling within 20 days of the expiration of the stay. In the event that this case is not resolved during the Stay Period, new due dates for these motions should be included in the parties' proposed briefing schedule. Signed by Judge Jennifer A. Dorsey on 1/30/17. (Copies have been distributed pursuant to the NEF - MR)

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Case 2:16-cv-00305-JAD-PAL Document 25 Filed 01/30/17 Page 1 of 3 1 2 3 4 5 6 7 ANTHONY L. HALL, ESQ. Nevada Bar No. 5977 ahall@hollandhart.com PETER D. NAVARRO, ESQ. Nevada Bar No. 10168 pdnavarro@hollandhart.com HOLLAND & HART LLP 5441 Kietzke Lane, Second Floor Reno, Nevada 89511 Telephone: (775) 327-3000; Fax: (775) 786-6179 Attorneys for Defendants UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 HOLLAND & HART LLP 5441 Kietzke Lane, Second Floor Reno, NV 89511 Phone: (775) 327-3000 ♦ Fax: (775) 786-6179 CAMERON E. OLIVER, individually and on 10 behalf of others similarly situated, 11 Plaintiff, 12 v. 13 BELL TRANS, a Nevada Corporation, and BRENT J. BELL, 14 Defendants. 15 CASE NO.: 2:16-cv-00305-JAD-PAL Stipulation and Order Staying STIPULATION TO STAY ALL Proceedings Until March 27, 2017 PROCEEDINGS FOR (Fourth Request) ECF Nos. 7, 8, 25 16 Plaintiffs and Defendants, by and through their counsel of record, submit the below 17 stipulation to stay all proceeding in the above captioned matter. The purpose of this stay is to 18 allow the parties to continue meaningful settlement discussions in an effort to fully and finally 19 resolve this dispute. Since the parties’ prior request to stay was granted, their negotiations have 20 resulted in an agreement to jointly mediate this case with a related case (also before this Court) in 21 an effort to reach a global resolution as to both matters. For these reasons, the parties now 22 respectfully request additional time to allow for the analysis of wage and hour data in these related 23 matters so that they will not be required to duplicate costs and efforts by mediating both matters 24 separately. 25 The parties therefore stipulate and agree that: 26 1. 27 The above captioned dispute shall be stayed for a period of 65 days commencing on January 21, 2017 , and ending March 27, 2017 (the “Stay Period”); 28 Page 1 of 3 Case 2:16-cv-00305-JAD-PAL Document 25 Filed 01/30/17 Page 2 of 3 1 2 3 4 5 6 7 8 9 HOLLAND & HART LLP 5441 Kietzke Lane, Second Floor Reno, NV 89511 Phone: (775) 327-3000 ♦ Fax: (775) 786-6179 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2. The Stay Period is calculated to allow this matter to be stayed so that it can be meditated at the same time as the parties mediate a related class/collective action matter that is also presently before this Court, Case No. 2:15-cv-01066-MMD-PAL, Willie Thurmond v. Presidential Limousine (“Thurmond Matter”). A stipulation to stay all proceedings in that matter until Monday, March 27, 2017, is being filed concurrently herewith. 3. Since the last stay ordered by the Court, Defendants have continued to provide Plaintiffs with information related to a sampling of 122 putative class members in this matter. In the parties prior stipulation, they explained the difficulties that Defendants encountered in initially trying to export the wage and hour information Plaintiffs needed to prepare for a mediation in this matter. The parties further explained that once Plaintiffs had received this information, Plaintiffs required adequate time to: (1) analyze the data; (2) have the data examined by their expert prior to mediation; and (3) request additional information (as needed) from Defendants to help with their analysis and that of their expert. At that time, the parties believed this analysis could be completed in time for a January 13, 2017, mediation. However, the analysis was complicated by the fact that Plaintiffs also needed to reconcile the electronic data they received against the physical time sheets where the data was originally recorded. Plaintiffs also required additional information regarding Defendants’ health insurance program and logistics related to the routes and vehicles used by Defendants’ employees. As of the date of this stipulation, the parties have a mediation date scheduled before Hon. Stewart L. Bell (Ret.) for March 21, 2017. 4. If the parties do not resolve this dispute during the Stay Period, the parties agree to jointly submit within seven calendar days after the end of the Stay Period: (1) a new Discovery Plan and Scheduling Order; and (2) a briefing schedule for purposes of responding to Defendants’ pending motions (Docket Nos. 7 and 8). 5. In the event that the Plaintiffs, within 30 days of the expiration of the Stay Period, file a motion seeking to circulate a Notice of Pendency under the Fair Labor Standards Act to facilitate “opt in” joinder of additional plaintiffs, and such motion is subsequently granted, the accrual of the statute of limitations for any such “opt in” joinder plaintiffs who file consents to join 28 Page 2 of 3 Case 2:16-cv-00305-JAD-PAL Document 25 Filed 01/30/17 Page 3 of 3 1 2 3 4 5 6 7 this case shall be tolled for the period of April 20, 2016 through March 21, 2017. Defendants’ agreement to the terms set forth in the foregoing sentence does not constitute consent by the defendants to the granting of any such motion nor their consent to any other potential statute of limitations toll that plaintiff may seek. 6. 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 21st day of January, 2017. 8 9 HOLLAND & HART LLP 5441 Kietzke Lane, Second Floor Reno, NV 89511 Phone: (775) 327-3000 ♦ Fax: (775) 786-6179 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY: /s/ Leon Greenberg, Esq. LEON GREENBERG, ESQ. NV Bar No. 8094 leongreenberg@overtimelaw.com DANA SNIEGOCKI, ESQ. NV Bar No. 11715 dana@overtimelaw.com LEON GREENBERG PROFESSIONAL CORPORATION 2965 South Jones Blvd – Suite E3 Las Vegas, Nevada 89146 Telephone: (702) 383-6085 Fax: (702) 385-1827 BY: /s/ Peter D. Navarro, Esq. ANTHONY L. HALL, ESQ. Nevada Bar No. 5977 ahall@hollandhart.com PETER D. NAVARRO, ESQ. Nevada Bar No. 10168 pdnavarro@hollandhart.com HOLLAND & HART LLP 5441 Kietzke Lane, Second Floor Reno, Nevada 89511 Telephone: (775) 327-3000 Fax: (775) 786-6179 Attorneys for Defendants Attorneys for Plaintiff ORDER IT IS SO ORDERED: IT IS SO ORDERED. Bell Trans’s Motion to Dismiss [ECF No. 7] and Motion to Certify Questions of Law to the IT IS FURTHER ORDERED that Bell Trans’s Motion to Dismiss [ECF No. 7] and ____________________________ Nevada Supreme Court [ECF No. 8] are DENIED without prejudice to their refiling within 20 Motion to Certify Questions of Law to the Nevada Supreme Court [ECF No. 8] are DENIED United States District Court Judge days of the expiration of the stay. In the event that this case is not resolved during the Stay without prejudice to their refiling within 20 days of the expiration of the stay. In the event that Period, new due dates for these motions should be included in the parties’ proposed briefing this case is not resolved during the Stay Period, new due dates for these motions should be schedule. 9503986_1 included in the parties’ proposed briefing schedule. ________________________________ Jennifer Dorsey ________________________________ U.S. Dorsey JenniferDistrict Judge 1-31-17 U.S. District Judge 1-30-17 26 27 28 Page 3 of 3

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