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)

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
[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,
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: [phone] ♦ Fax: [phone]

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: [phone] ♦ Fax: [phone]

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
[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 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