Zimmerman v. Smith's Food & Drug Centers, Inc.

Filing 33

ORDER Granting 31 Stipulation to Stay Proceedings in this case until after the court in Zimmerman v. GJS Group rules on the State of Nevada's Motion to Consolidate. Signed by Magistrate Judge George Foley, Jr on 11/21/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00974-GMN-GWF Document 31 Filed 11/20/17 Page 1 of 4

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Whitney C. Wilcher, Esq.
THE WILCHER FIRM
Nevada State Bar No. 7212
8465 West Sahara Avenue
Suite 111-236
Las Vegas, NV 89117
Email: [e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Kevin Zimmerman, an Individual

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Civil Action No: 2:17-cv-00974-GMN-GWF

Plaintiff,
STIPULATED MOTION AND ORDER TO
STAY PROCEEDINGS

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v.

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Smith’s Food & Drug Centers, Inc.,

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Defendant.

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Plaintiff Kevin Zimmerman and Defendant Smith’s Food & Drug Centers, Inc., by and

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through their respective undersigned counsel, hereby move this Court for and Order staying all

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proceedings. A stay in this matter would be appropriate until the resolution of the pending

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Motion to Dismiss to be filed by the Nevada Attorney General in Zimmerman v. GJS Group,

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Inc., 2:17-cv-00304-GMN-GWF.

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Factual Background

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On August 8, 2017, the State of Nevada ex rel. Adam Paul Laxalt, the Nevada Attorney

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General moved to intervene in Zimmerman v. GJS Group for the limited purpose of seeking

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consolidation of similar actions, including this Case, filed by the Plaintiff in Zimmerman v. GJS

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Group and this Action. On October 11, 2017, this Court ordered, in part, that the State of

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Case 2:17-cv-00974-GMN-GWF Document 31 Filed 11/20/17 Page 2 of 4

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Nevada’s Motion to Intervene is granted and the State of Nevada may move for consolidation
of this action and other actions filed by Plaintiff Zimmerman. The Parties file this Stipulated

3 Motion to Stay in anticipation of the motion to consolidate this action and the State of Nevada’s
4 Motion to Dismiss all consolidated cases.
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Legal Memorandum
“The power to stay proceedings is incidental to the power inherent in every court to

7 control the disposition of the causes on its own docket with economy of time and effort for
8 itself, for counsel, and for litigants.” LaSala v. Needham & Co., Inc., 399 F. Supp. 2d 421, 427
9 (S.D.N.Y. 2005) (quoting Landis v. N. Am. Co., 299 U.S. 248, 254, 57 S. Ct. 163 (1936)).
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In this Action, this Court has set a scheduling order which the parties have followed.
The upcoming dates require the parties to continue participation in the litigation including
disclosure of documents, identifying expert witnesses, deposing individuals, moving for

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dispositive rulings, and other dates designed to lead this case to a prompt trial date. It would not

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be economical for the parties to this action to pay attorneys’ fees, expert costs, and invest time
in pursuit of, or defense against, claims given the State of Nevada’s pending motion to

15 consolidate and planned motion to dismiss. It would not be economical for this court to
16 consider and rule upon requests from the parties in light of the State of Nevada’s pending
17 motions. All discovery, motions practice, investigations, legal work, and associated efforts
18 would be a waste of resources and a drain on this court’s limited resources if the consolidation
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If the consolidation requested by the State of Nevada is denied, neither party will be

21 prejudiced, but will still be in a position to pursue or defend against Plaintiff’s discrimination
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claims which occurred on the date alleged in the complaint.

Case 2:17-cv-00974-GMN-GWF Document 31 Filed 11/20/17 Page 3 of 4

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The Parties therefore respectfully move for a stipulated order staying all proceedings in
this case until after the court in Zimmerman v. GJS Group rules on the State of Nevada’s

3 Motion to Consolidate.
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RESPECTFULLY submitted on this 20th day of November, 2017.

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/s/ Whitney C. Wilcher

7 Whitney C. Wilcher, Esq.
THE WILCHER FIRM

8 Nevada State Bar No. 7212
8465 West Sahara Avenue

9 Suite 111-236
Las Vegas, NV 89117

10 Email: [e-mail]

/s/ Gregory Francis Hurley_
Gregory Francis Hurley, Esq.
Sheppard Mullin Ricter & Hampton
650 Town Center Dr., 4th Flr.
Costa Mesa, CA 92626
[e-mail]
Attorney for Defendant
Pro Hac Vice

Attorney for Plaintiff

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IT IS SO ORDERED.

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_________________________________
United States District/Magistrate Judge
UNITED STATES MAGISTRATE JUDGE
DATED: November 21, 2017

Case 2:17-cv-00974-GMN-GWF Document 31 Filed 11/20/17 Page 4 of 4

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CERTIFICATE OF SERVICE

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I hereby certify that on this 20th day of November, 2017, I electronically
3 transmitted the foregoing document to the Clerk’s Office using the CM/ECF System for
filing and transmittal of a Notice of Electronic Filing to the following CM/ECF
4 registrants:
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Gregory Francis Hurley
&
7 Sheppard Mullin Ricter th Hampton, LLP
650 Town Center Dr., 4 Flr.
8 Costa Mesa, CA 92626
[e-mail]
9 Attorney for Defendant
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by: /s/ Sydney Rogers