Carter et al v. Wynn Las Vegas, LLC

Filing 34

ORDER granting 33 Stipulation; Re: 24 Motion for Judgment. Motion Hearing reset for 1/15/2020 at 02:00 PM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 12/27/2019. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6
7

KAMER ZUCKER ABBOTT
Scott M. Abbott
#4500
Kaitlin H. Paxton
#13625
3000 West Charleston Boulevard, Suite 3
Las Vegas, Nevada 89102-1990
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Wynn Las Vegas, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
9
10
11
12
13
14
15
16

KEVIN CARTER, MICHAEL SACCO, and
)
BLAKE RECK, individually and on behalf of all )
others similarly situated,
)
)
Plaintiffs,
)
)
vs.
)
)
WYNN LAS VEGAS, LLC, a Nevada domestic )
limited-liability company,
)
EMPLOYEE(S)/AGENT(S) DOES 1-10; and )
ROE CORPORATIONS 11-20, inclusive;
)
)
Defendant.
)
)

Case No.

2:16-cv-02697-APG-DJA

STIPULATION AND REQUEST TO
CONTINUE CONSOLIDATED
HEARING ON PENDING MOTIONS
(First Request)

17

The parties, by and through their respective counsel of record, stipulate and request that the

18

Court vacate the consolidated motion hearing currently set for December 30, 2019 and continue said

19

hearing to January 15, 2020 at 2:00 p.m. In support of this Stipulation and Request, the parties state

20

as follows:

21

1.

22

tip pooling for three cases, 2:13-cv-0580 (Norsoph v. Riverside Resort and Casino, Inc.), 2:16-cv-2697 (Carter

23

v. Wynn Las Vegas, LLC), and 2:19-cv-0644 (Jaffee v. Wynn Las Vegas, LLC), for December 30, 2019.

On December 19, 2019, the Court set a consolidated hearing on pending motions regarding

24

KAMER ZUCKER ABBOTT

Attorneys at Law

3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • [phone]

Page 1 of 3

1

2.

Counsel for Defendant in Norsoph v. Riverside Resort and Casino, Inc. is attending an Early Neutral

2

Evaluation on December 30, 2019. Counsel for Defendant in Carter v. Wynn Las Vegas, LLC is out of

3

state on December 30, 2019 due to pre-planned travel. Counsel for Plaintiff in Norsoph v. Riverside

4

Resort and Casino, Inc. is also away on that date.

5

3.

6

counsel for Defendant in Carter v. Wynn Las Vegas requested the availability of counsel for Plaintiff in

7

Carter v. Wynn Las Vegas and counsel for both parties in Jaffee v. Wynn Las Vegas, LLC. While counsel

8

for the other parties were available on December 30, 2019, they agreed to continue the December 30,

9

2019 hearing to the next available date on the Court’s calendar in which all parties were available.

In an effort to maintain the efficiency sought by the Court in consolidating the hearings,

10

4.

Counsel for Defendant in Carter v. Wynn Las Vegas contacted the Courtroom Administrator,

11

Ms. Melissa Johansen, to determine a new date on which the Court would be available for a hearing

12

on the parties’ above-referenced motions. Ms. Johansen provided the date of January 15, 2020 at 2:00

13

p.m. as a proposed new hearing date.

14

5.

15

for any improper purpose or other reason of delay. Rather, it is sought only due to pre-existing

16

scheduling conflicts for multiple parties’ counsel.

17

6.

18

///

19

///

20

///

21

///

22

///

23

///

24

///

This request to continue the December 30, 2019 consolidated motion hearing is not sought

This is the first request to continue the December 30, 2019 consolidated motion hearing.

KAMER ZUCKER ABBOTT

Attorneys at Law

3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • [phone]

Page 2 of 3

1

WHEREFORE, the parties respectfully request that the Court vacate the current hearing date

2

of December 30, 2019 and continue said hearing to January 15, 2020 at 2:00 p.m.

3

DATED this 26th day of December, 2019.

4

Respectfully Submitted,

Respectfully Submitted,

5

/s/ Jon. R. Mower
Jon R. Mower, Esq.
Pro Hac Vice
THEODORA ORGINGHER PC
535 Anton Boulevard, Ninth Floor
Costa Mesa, California 92626
Tel: [phone]
Fax: [phone]

/s/ Kaitlin H. Paxton
Scott M. Abbott, Esq.
#4500
Kaitlin H. Paxton, Esq.
#13625
KAMER ZUCKER ABBOTT
3000 West Charleston Boulevard, Suite 3
Las Vegas, Nevada 89102
Tel: [phone]
Fax: [phone]

Christian Gabroy, Esq.
#8805
Kaine Messer, Esq.
#14240
GABROY LAW OFFICES
170 South Green Valley Parkway, Suite 280
Henderson, Nevada 89012
Tel: [phone]
Fax: [phone]

Attorneys for Defendant
Wynn Las Vegas, LLC

6
7
8
9
10
11
12
13
14

Attorneys for Plaintiffs

IT IS SO ORDERED.

15
16

December 27, 2019
__________________
DATE

_____________________________________
UNITED STATES DISTRICT COURT JUDGE

17
18
19
20
21
22
23
24

KAMER ZUCKER ABBOTT

Attorneys at Law

3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • [phone]

Page 3 of 3