Yousif v. The Venetian Casino Resort, LLC et al

Filing 151

ORDER granting 150 Stipulation to Stay Action; Parties will submit a Joint Status Report no later than 15 days following the Parties' mediation. Signed by Judge Richard F. Boulware, II on 11/27/2019. (Copies have been distributed pursuant to the NEF - JM)

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OGLETREE, DEAKINS, NASH, SMOAK, &
STEWART, PC.
Molly M. Rezac, Nev. Bar No. 7435
50 West Liberty Street, Suite 920
Reno, Nevada 89501
Tel. [phone]
Fax. [phone]
[e-mail]
DLA PIPER LLP
Mary C. Dollarhide, admitted pro hac vice
4365 Executive Drive, Suite 1100
San Diego, CA 82121
Tel, [phone]
Fax.
[e-mail]
Attorneys for Defendant The Venetian Casino Resort, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MUSTAFA YOUSIF and SHARONE WALKER )
on behalf of themselves and all others similarly )
situated,
)
)
Plaintiffs,
)
)
v.
)
)
THE VENETIAN CASINO RESORT, LLC;
)
LAS VEGAS SANDS, CORP and DOES 1
)
through 50, inclusive,
)
)
Defendants.
)

CASE NO. 2:16-cv-02941-RFB-NJK
STIPULATION AND [PROPOSED]
ORDER TO STAY ACTION PENDING
MEDIATION
Second Request

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Pursuant to Local Rules (“LR”) IA 6-2 and LR 7-1, Plaintiffs MUSTAFA YOUSIF and

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SHARONE WALKER (“Plaintiffs”), by and through their counsel of record THIERMAN BUCK,

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LLP, and Defendant THE VENETIAN CASINO RESORT, LLC (“Defendant”), by and through its

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counsel of record DLA PIPER, LLC, and OGLETREE, DEAKINS, NASH, SMOAK, &

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STEWART, P.C., hereby request and stipulate to stay the entire action, including but not limited to

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the class certification briefing and hearing date, in the above captioned matter pending mediation.

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The purpose of the Stay is to promote judicial economy and allow this court to more

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effectively control the disposition of the cases on its docket with economy of time and effort for
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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING MEDIATION

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itself, for counsel, and the litigants. See Landis v. N. Am. Co., 299 U.S. 248, 254 (U.S. 1936) (“[T]he

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power to stay proceedings is incidental to the power inherent in every court to control the disposition

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of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.”);

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Pate v. DePay Orthopedics, Inc., 2012 WL 3532780, at * 2 (D. Nev. Aug. 14, 2012) (“A trial court

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may, with propriety, find it is efficient for its own docket and the fairest course for the parties to

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enter a stay of an action before it, pending resolution of independent proceedings which bear upon

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the case.”), citing Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979).

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The Parties attended mediation on November 21, 2019, but were unable to reach a settlement

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agreement on that date. However, the Parties have agreed to attend a second mediation currently

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scheduled for February 28, 2020 in an attempt to resolve all remaining claims in the action. Pending

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the outcome of the Parties’ attempt to achieve a resolution of all remaining claims, the Parties will

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provide a Status Report to the Court no later than fifteen (15) days following the mediation setting

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forth the following dates:

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1) Should the Parties reach a settlement, the Parties will set forth a proposed briefing
schedule for Settlement approval.

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2) Should the Parties be unsuccessful at resolving all claims, the Parties shall set forth a

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proposed briefing schedule to address (1) Plaintiffs’ Motion for a Protective Order [DKT. #134 ]

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and (2) Plaintiffs’ Motion for Class Certification Under Rule 23 of the Federal Rules of Civil

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Procedure [DKT. # 126].

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING MEDIATION

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This Stipulation is made in good faith and not for the purposes of undue burden or delay.
IT IS SO STIPULATED:
Dated this 26th day of November 2019
THIERMAN BUCK, LLP

Dated this 26th November 2019
OGLETREE, DEAKINS, NASH, SMOAK, &
STEWART, P.C.

/s/ Leah L. Jones
Mark R. Thierman, Esq., Bar No. 8285
Joshua D. Buck, Esq., Bar No. 12187
Leah L. Jones, Esq., Bar No. .13161
7287 Lakeside Drive
Reno, Nevada 89511

/s/ Molly M. Rezac
Molly M. Rezac, Nev. Bar No. 7435
50 West Liberty Street, Suite 920
Reno, Nevada 89501

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Attorneys for Plaintiffs

/s/ Mary C. Dollarhide
Mary C. Dollarhide, admitted pro hac vice
4365 Executive Drive, Suite 1100
San Diego, CA 82121

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Attorneys for Defendant

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ORDER

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IT IS HEREBY ORDERED that the Parties’ Stipulation and Order to stay action in the
above captioned matter is granted.
IT IS FURTHER ORDERED that the Parties will submit a Joint Status Report no later
than 15 days following the Parties’ mediation to inform the Court if the Parties have come to an
early resolution.
IT IS SO ORDERED:

________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

______________________________________
DATED thisSTATES DISTRICT COURT JUDGE
UNITED 27th day of November, 2019.
DATED:

, 2019.

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION PENDING MEDIATION