Equal Employment Opportunity Commission v. Nevada Health Centers, Inc. et al

Filing 41

ORDER Granting 40 Stipulation re Stay (Second Request). See Order for details/deadlines. Signed by Magistrate Judge Peggy A. Leen on 4/28/17. (Copies have been distributed pursuant to the NEF - MR)

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Anna Y. Park, CA SBN 164242
Sue J. Noh, CA SBN 192134
Rumduol Vuong, CA SBN 264392
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Nechole M. Garcia, NV SBN 12746
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
333 Las Vegas Boulevard South, Suite 8112
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Eric Yau, HI SBN 10087
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
300 Ala Moana Boulevard, Room 7-127
Honolulu, HI 96850
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

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Plaintiff,
vs.
NEVADA HEALTH CENTERS, INC.,
ULTRACARE LAS VEGAS and Does 1-5
Inclusive,

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Defendants.

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) Case No.: 2:16-cv-01495-JAD-PAL
)
)
) ND
) 2 JOINT STIPULATION AND ORDER FOR
) TEMPORARY STAY OF PROCEEDINGS
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The parties, by and through their undersigned respective counsel, hereby stipulate to and

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request that the Court continue the discovery deadline in this matter for an additional sixty (60)

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days as counsel for the parties have a mutual, good faith belief that productive settlement

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negotiations over the last several weeks will result in final resolution of this matter by Friday,

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July 7, 2017.

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This Court previously granted a Joint Stipulation and Order for Temporary Stay of
Proceedings that gave the parties until May 5, 2017 to resolve this matter (Docket No. 33).
Plaintiff and Defendant Ultracare Las Vegas reached a resolution and on March 20, 2017, the

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District Court signed the Consent Decree (Docket No. 39). Plaintiff and Defendant Nevada
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Health Centers have made significant progress in their settlement discussions. The parties have
exchanged multiple consent decree drafts and engaged in meaningful telephonic settlement
discussions. However, there are a few additional issues the parties need to resolve. Additionally,
further communication by the previously agreed upon May 5, 2017 deadline may prove difficult

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because the EEOC’s Las Vegas Local Office is moving. This extension will also allow the

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parties to finalize settlement without incurring the significant costs and fees associated with

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discovery. Accordingly, Plaintiff and Defendant Nevada Health Centers request an additional

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sixty (60) days to finalize settlement.

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Therefore, the parties respectfully request:

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 The Court continue the stay in this matter through July 7, 2017.

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 The Court further order that the parties jointly submit a proposed consent decree

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on or before July 7, 2017. However, if settlement negotiations come to an

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impasse, the parties shall file a status report and an amended discovery plan at

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any time prior to, but no later than, July 17, 2017.

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IT IS SO STIPULATED.
Dated: April 27, 2017

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Respectfully submitted,

Respectfully submitted,

/s/ Nechole M. Garcia
NECHOLE M. GARCIA, ESQ.
ERIC YAU, ESQ.
ANNA Y. PARK, ESQ.
SUE J. NOH, ESQ.
RUMDOL VUONG, ESQ.

/s/ Wendy M. Krincek
WENDY M. KRINCEK, ESQ.
KATHRYN B. BLAKEY, ESQ.
LITTLER MENDELSON, P.C.

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Attorneys for Defendant
NEVADA HEALTH CENTERS, INC.

Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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IT IS SO ORDERED:

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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April 28, 2017
DATED: ___________________________

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Anna Y. Park, CA SBN 164242
Sue J. Noh, CA SBN 192134
Rumduol Vuong, CA SBN 264392
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Nechole M. Garcia, NV SBN 12746
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
333 Las Vegas Boulevard South, Suite 8112
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Eric Yau, HI SBN 10087
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
300 Ala Moana Boulevard, Room 7-127
Honolulu, HI 96850
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
) Case No.: 2:16-cv-01495-JAD-PAL
U.S. EQUAL EMPLOYMENT
)
OPPORTUNITY COMMISSION,
)
)
Plaintiff,
)
) CERTIFICATE OF SERVICE
)
vs.
)
)
NEVADA HEALTH CENTERS, INC.,
)
ULTRACARE LAS VEGAS and Does 1-5 )
)
Inclusive,
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Defendants.

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CERTIFICATE OF SERVICE

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I am, and was at the time the herein mentioned delivery took place, a citizen of the
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United States, over the age of eighteen (18) years. I am employed in the Legal Unit of the Los
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Angeles District Office of the United States Equal Employment Opportunity Commission. My
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business address is Equal Employment Opportunity Commission, Las Vegas Local Office, 333
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Las Vegas Blvd. South, 5th Floor, Suite 5560, Las Vegas, NV 89101.
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On the date that this certificate was executed, as shown below, I served the foregoing
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2ND JOINT STIPULATION AND ORDER FOR TEMPORARY STAY OF
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PROCEEDINGS, via the Court’s CMECF electronic filing system at:
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Wendy M. Krincek
[e-mail]
Kathryn Blakey
[e-mail]
Attorneys for Defendant Nevada Health Centers

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Donald J. Green
[e-mail]
Attorney for Defendant Ultracare Las Vegas

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I declare under penalty of perjury that the foregoing is true and correct. Executed on
April 27, 2017.
/s/ Nechole Garcia
Nechole Garcia

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