U.S. Equal Employment Opportunity Commission v. Fidelity National Title Agency of Nevada, Inc.

Filing 8

ORDER Granting 7 Stipulation Vacating Hearing Date and Setting Date for Joint Status Report. ( Joint Status Report due by 10/21/2016.) Signed by Magistrate Judge Cam Ferenbach on 9/14/16. (Copies have been distributed pursuant to the NEF - ADR)

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Anna Y. Park, CA SBN 164242
Sue J. Noh, CA SBN 192134
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 Garcia, NV SBN 12746
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
333 Las Vegas Boulevard South, Suite 8112
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]

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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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U.S. EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION,
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Petitioner,
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v.
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FIDELITY NATIONAL TITLE,
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Respondent.
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Case No. 2:16-cv-01633-APG-VCF

JOINT STIPULATION AND
[PROPOSED] ORDER VACATING
HEARING DATE AND SETTING
DATE FOR JOINT STATUS REPORT

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The Petitioner U.S. Equal Employment Opportunity Commission (“EEOC”) and

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Respondent Fidelity National Title (“Respondent) hereby agree and stipulate to the following:
1.

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On July 12, 2016 the EEOC filed an Application to Show Cause as to why its Subpoena

duces tecum (Subpoena No. LV-016-01) Respondent should not be enforced. In addition to the

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Application, the EEOC filed a Proposed Order to Show Cause, Memorandum of Points and
Authorities, and supporting documents. (ECF No. 1).
2.

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On August 19, 2016, Magistrate Judge Cam Ferenbach scheduled a Show Cause Hearing

for September 19, 2016 at 10:00 a.m., and ordered Respondent to file a Response to the EEOC’s
Application to Show Cause on or before September 14, 2016. (ECF No. 6).

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3.

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before the Court. On September 9, 2016, Respondent emailed documents to the EEOC

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responsive to Subpoena No. LV-16-01 request numbers one through three.

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4.

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thirty (30) days to produce documents responsive to subpoena request numbers four and five.

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The parties are engaged in efforts to resolve the subpoena enforcement action currently

On September 12, 2016, Respondent notified the EEOC that it would need an additional

Respondent agrees to produce these documents by October 14, 2016.
5.

In light of Respondent’s need to for additional time to produce documents responsive to

Subpoena LV-16-01 request numbers four and five, the parties stipulate to an order as follows:
a. The September 14, 2016 response due date and the September 19, 2016 hearing

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date are vacated;

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b. Respondent shall produce all responsive documents in compliance with the

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EEOC’s Subpoena by October 14, 2016;

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c. The parties shall provide the Court with a joint status report by October 21, 2016

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regarding if Respondent fully complies with Subpoena No. LV-16-01.

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6.

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four and five to be produced by October 14, 2016, and determines that Respondent has failed to

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produce all responsive documents, the parties stipulate to an order setting the following briefing

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If the EEOC reviews the remaining documents responsive to Subpoena requests number

schedule:
a. Respondent’s Response to the Order to Show Cause shall be filed on or before
October 27, 2016;

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b. The EEOC may file a response to Respondent’s Response on or before November
10, 2016; and

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c. A hearing on this matter shall be reset for _____________, 2016 at ______am.

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Dated: September 13, 2016

Respectfully submitted,
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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By: /s/ Nechole Garcia
NECHOLE GARCIA
Attorney for the EEOC

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Dated: September 13, 2016

Respectfully submitted,

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FIDELITY NATIONAL TITLE

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By:

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/s/Patrick Mortimer
PATRICK MORTIMER
Attorney for FIDELITY NATIONAL TITLE

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[PROPOSED] ORDER UPON STIPULATION

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For good cause shown, IT IS SO ORDERED.
9-14-2016
Dated: ______________________

____________________________________
UNITED STATES MAGISTRATE JUDGE

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Anna Y. Park, CA SBN 164242
Sue J. Noh, CA SBN 192134
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 Garcia, NV SBN 12746
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
333 Las Vegas Boulevard South, Ste 8112
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]

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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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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Petitioner,

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vs.

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FIDELITY NATIONAL TITLE,
Respondent.

) Case No: 2:16-cv-01633-APG-VCF
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) CERTIFICATE OF SERVICE
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I am, and was at the time the herein mentioned mailing took place, a citizen of the United
States, over the age of eighteen (18) years and not a party to the above-entitled cause.
I am employed in the Legal Unit of the Los Angeles District Office of the United States
Equal Employment Opportunity Commission.
My business address is U.S. Equal Employment Opportunity Commission, Las Vegas
Local Office, 333 Las Vegas Boulevard South, Ste 8112, Las Vegas, NV 89101.
On the date that this declaration was executed, as shown below, I served the foregoing

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JOINT STIPULATION AND [PROPOSED] ORDER VACATING HEARING DATE AND

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SETTING DATE FOR JOINT STATUS REPORT; CERTIFICATE OF SERVICE via the Case

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Management/Electronic Case Filing (CM/ECF) system to:

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Patrick Mortimer, Esq.
VP/Employment Counsel
Fidelity National Financial, Inc.
4 Executive Circle, Suite 270
Irvine, CA 92614
[e-mail]
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 13, 2016, at Las Vegas, NV.

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_/s/ Nechole Garcia_____
Nechole Garcia

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