Zimmerman v. GJS Group, Inc.

Filing 52

ORDER Granting 49 Stipulation to Stay Proceedings. Signed by Magistrate Judge George Foley, Jr on 11/28/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00304-GMN-GWF Document 49 Filed 11/27/17 Page 1 of 5

1
2
3

4

5
6

7
8
9

10

ADAM PAUL LAXALT
Attorney General
ERNEST FIGUEROA
Consumer Advocate
Lucas J. Tucker (Bar. No. 010252)
Senior Deputy Attorney General
Mark J. Krueger (Bar No. 007410)
Chief Deputy Attorney General
State of Nevada
Office of the Attorney General
10791 W. Twain Avenue, Suite 100
Las Vegas, NV 89135
[phone] (phone)
[phone] (fax)
[e-mail]
[e-mail]

Attorneys for State of Nevada

11

UNITED STATES DISTRICT COURT

12

DISTRICT OF NEVADA

13
14

KEVIN ZIMMERMAN, an individual
Plaintiff,

15
16
17

20
21
22

STIPULATED MOTION AND ORDER
TO STAY PROCEEDINGS

vs.
GJS GROUP, INC.,
Defendant,

18
19

Case No.: CV:2-17-00304-GMN-GWF

vs.
STATE OF NEVADA, ex rel.
ADAM PAUL LAXALT, Attorney General
Defendant-Intervenor.
Plaintiff Kevin Zimmerman, through its counsel Whitney Wilcher, and the

23

Defendant-Intervenor State of Nevada ex rel., the Nevada Attorney General (the "State"),

24

through its counsel Chief Deputy Attorney General Mark Krueger and Senior Deputy

25

Attorney General Lucas Tucker, hereby move this Court for an Order staying all

26

proceedings. The State previously filed a Motion to Consolidate this action with all other

27

actions filed by Plaintiff that are still pending in the District of Nevada (ECF 37), and a

28

stay of proceedings in the instant action would be appropriate until the Court's ruling on

Page 1 of 4

Case 2:17-cv-00304-GMN-GWF Document 49 Filed 11/27/17 Page 2 of 5

1

that motion and consideration of, or ruling on, any subsequent dispositive motions filed

2

by the State.

I.

3
4

5

BACKGROUND

On August 8, 2017, the State filed a Motion to Intervene for Limited Purposes in
the instant action (ECF 28; "MTI"). On October 11, 2017, the Court issued an Order

6

(ECF 35) granting the MTI and permitting the State to proceed with its efforts for

7

consolidation. On October 17, 2017, the State filed its Motion to Consolidate Cases for

8

Limited Purposes (ECF 37; "MTC''). The MTC has been fully briefed by the Plaintiff and

9

the State, but the Court has not yet ruled on the State's request to consolidate cases for

10
11

limited purposes.
If the Court grants the MTC, the State intends to file one or more dispositive

12

motions at the appropriate time(s) to dismiss all consolidated cases based on (i) alleged

13

lack of subject-matter jurisdiction (i.e., Plaintiffs alleged lack of standing), and (ii)

14

alleged failure by the Plaintiff to state claims upon which relief can be granted. The

15

parties anticipate that, if the Court grants the MTC, the instant case would be among

16

those cases consolidated by the Court for these purposes.

17

II.

18
19

LEGAL ARGUMENT

"Every court has the inherent power to stay causes on its docket with a view to

20

avoiding duplicative litigation, inconsistent results, and waste of time and effort by itself,

21

the litigants and counsel." Stern v. U.S., 563 F.Supp. 484, 489 (D. Nev. 1983) (citing

22

Landis v. N. Am. Co., 299 U.S. 248, 254, 57 S. Ct. 163, 165, 81 L.Ed. 153 (1936),

23

(additional citations omitted)).

24

In the instant action, the State and Plaintiff have agreed upon a discovery plan

25

that would apply to the instant case, and have filed a Joint Discovery Plan and

26

Scheduling Order (ECF 48) for the Court's approval. However, engaging in discovery

27

would be a waste of the parties' resources and judicial resources if the Court grants the

28

MTC and permits the State to file dispositive motions.

Page 2 of 4

Case 2:17-cv-00304-GMN-GWF Document 49 Filed 11/27/17 Page 3 of 5

1

A stay of proceedings would not prejudice any party. If the Court denies the MTC,

2

it may automatically lift any stay. However, if the Court grants the MTC and permits the

3

State to file a motion to dismiss, the Court may, in its discretion, impose the stay until

4

such motion(s) is/are resolved by the Court, or fully briefed by the parties.

5

III.

CONCLUSION

6
7

8
9

10

For the reasons stated above, the Plaintiff and the State respectfully move for a
stipulated order to stay all proceedings in the instant action until after the Court rules on
the MTC and any subsequent motion(s) to dismiss filed by the State.

RESPECTFULLY submitted this 27th day of November, 2017.

11
12
13
14
15
16

/s/ Whitney C. Wilcher, Esq.
Whitney C. Wilcher, Esq.
THE WILCHER FIRM
8465 W. Sahara Avenue, Suite 111-236
Las Vegas, NV 89119
702-466-1959
Email: [e-mail]
Attorney for Plaintiff

ADAM PAUL LAXALT
Nevada Attorney General
By:

/s/ Lucas J. Tucker
Senior Deputy Attorney General
Mark J. Krueger (Bar No. 007410)
Chief Deputy Attorney General
Attorneys for the DefendantIntervenor, State of Nevada

17
18
19

IT IS SO ORDERED:

20
21
22

UNITED STATES MAGISTRATE JUDGE

DATED:

23
24
25
26
27
28

Page 3 of 4

November 28, 2017

Case 2:17-cv-00304-GMN-GWF Document 49 Filed 11/27/17 Page 4 of 5

1

SIGNATURE CERTIFICATION

2

I hereby certify that the content of this document is acceptable to Whitney C.

3

Wilcher, counsel for Plaintiff Kevin Zimmerman, and that I have obtained Mr. Wilcher's

4

authorization to affix his electronic signature to this document

5
6

Dated:

November 27, 2017
Respectfully submitted,

7

8
9

ADAM PAUL LAXALT
Nevada Attorney General
By:

10

11
12

13
14

15
16
17
18

19
20
21
22

23
24

25
26
27
28

Page 4 of 4

/s/ Lucas J. Tucker
Senior Deputy Attorney General
Mark J. Krueger (Bar No. 007410)
Chief Deputy Attorney General
Attorneys for the DefendantIntervenor, State of Nevada

Case 2:17-cv-00304-GMN-GWF Document 49 Filed 11/27/17 Page 5 of 5

1

CERTIFICATE OF SERVICE

2

I hereby certify that I electronically filed the foregoing STIPULATED MOTION

3

AND ORDER TO STAY PROCEEDINGS with the Clerk of the Court by using the

4

electronic filing system.

5
6

7

8
9

10

11

I certify that the following participants in this case are registered electronic filing
system users and will be served electronically:
Whitney C. Wilcher
E-mail:
[e-mail]
[e-mail]
[e-mail]

AND/OR
I certify that some of the participants in the case are not registered electronic filing

12

system users. For those parties not registered service was made by depositing a copy of the

13

above-referenced document for mailing in the United States Mail, first-class postage

14

prepaid, at Las Vegas, Nevada to the following unregistered participants:

15

GJS Group, Inc.
8080 S. Las Vegas Blvd.
Las Vegas, NV 89123

16
17

Dated: November 27, 2017

18
19
20

Isl Dorianne Potnar
An employee of the
Office of the Attorney General

21
22

23

24

25
26
27
28
Page 1 of 1