Dumont v. Leo A. Daly Company

Filing 53

ORDER Granting 52 Stipulation to Vacate Hearing set for 11/14/2017 re 43 and 44 Motions. Signed by Magistrate Judge Peggy A. Leen on 11/14/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02864-APG-PAL Document 52 Filed 11/14/17 Page 1 of 3

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Deverie J. Christensen
Nevada State Bar #6596
Phillip C. Thompson
Nevada State Bar #12114
JACKSON LEWIS P.C.
3800 Howard Hughes Pkwy, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorney for Defendant
Leo A. Daly Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRANCIS X. DUMONT,

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Plaintiff,
vs.
LEO A. DALY COMPANY,

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Case No. 2:16-cv-02864-APG-PAL
STIPULATION AND ORDER TO
VACATE HEARING ON 11/14/2017,
at 2:00 P.M., PURSUANT TO
AGREEMENT OF PARTIES

Defendant.

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Defendant Leo A. Daly Company (“Defendant”) and Plaintiff Francis X. Dumont

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(“Plaintiff”), by and between their respective counsels, hereby stipulate and agree that the Hearing

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currently scheduled by this Court on Tuesday, November 14, 2017, at 2:00 p.m., be vacated

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pursuant to the Parties’ agreement resolving the pending motions. This stipulation is submitted and

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based upon the following:

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1.

On October 6, 2017, Defendant filed an Emergency Motion to Quash Subpoena

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(ECF No. 43), and an Emergency Motion for Protective Order to Preclude the Deposition of Leo

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A. Daly, III (ECF No. 44) (collectively the “Motions”).

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Jackson Lewis P.C.
Las Vegas

2.

On October 20, 2017, the Court issued a Notice of Hearing setting the Motions for

Hearing on November 14, 2017, at 2:00pm.
3.

After further meet and confer efforts, the Parties have agreed to resolve the discovery

disputes at issue in the Motions and stipulate as follows:
a.

As to the Motion to Quash Subpoena (ECF No. 43), the parties stipulate and

Case 2:16-cv-02864-APG-PAL Document 52 Filed 11/14/17 Page 2 of 3

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agree that Defendant will produce the following records no later than 5:00p.m., on November 15,

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2017: all Incentive Compensation Plan (“ICP”) Calculation Sheets, for Fiscal Years Ending 2012-

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2014, for all ICP participants in Defendant’s Las Vegas and Omaha Offices; and, Plaintiff will

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forego seeking production of emails identified in Defendant’s Privilege Log that was produced in

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response to Plaintiff’s Requests for Production of Documents (all other records sought by Plaintiff’s

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subpoena were produced in discovery);

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b.

As to the Motion for Protective Order to Preclude the Deposition of Leo A.

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Daly, III (ECF No. 44), the parties stipulate and agree that Defendant will not call Mr. Leo A. Daly,

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III, as a witness nor seek to offer his testimony in this case; and Plaintiff will no longer seek to take

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Mr. Daly’s deposition;

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c.

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stipulation and agreement; and,

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d.

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The Motions and all disputed subjects therein are resolved by the Parties’

The Parties stipulate and respectfully request the Court vacate the Hearing

set on Thursday, November 14, 2017.
Dated this 13th day of November, 2017.
PAUL PADDA LAW, PLLC

JACKSON LEWIS P.C.

/s/ Paul S. Padda
Paul S. Padda, Bar No. 10417
Joshua Y. Ang, Bar No. 14026
4240 West Flamingo Road, Suite 220
Las Vegas, Nevada 89103

/s/ Deverie J. Christensen
Deverie J. Christensen, Bar No. 6596
Phillip C. Thompson, Bar No. 12114
3800 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169

Attorneys for Plaintiff
Francis X. Dumont

Attorneys for Defendant
Leo A. Daly Company

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ORDER
IT IS SO ORDERED:

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Jackson Lewis P.C.
Las Vegas

United States District Judge/Magistrate
Dated: November 14, 2017
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Case 2:16-cv-02864-APG-PAL Document 52 Filed 11/14/17 Page 3 of 3

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that I am an employee of Jackson Lewis P.C., and that on this 14th

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day of November, 2017, I caused to be served via the Court’s CM/ECF Filing, a true and correct

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copy of the above foregoing STIPULATION AND ORDER TO VACATE HEARING ON

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11/14/2017, at 2:00 P.M., PURSUANT TO AGREEMENT OF PARTIES to the following:

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Paul S. Padda
Joshua Y. Ang
PAUL PADDA LAW, PLLC
4240 West Flamingo Road, Suite 220
Las Vegas, Nevada 89103

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Attorneys for Plaintiff
Francis X. Dumont

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/s/ Kelley Chandler__
Employee of Jackson Lewis P.C.

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4820-5254-1781, v. 1

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Jackson Lewis P.C.
Las Vegas

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