Sharae Mayes v. Smart and Final et al

Filing 55

ORDER that 53 Stipulation to Continue Early Neutral Evaluation is GRANTED. The early neutral evaluation is CONTINUED to 9:30 a.m. on August 25, 2017. The parties shall submit their early neutral evaluation statements by 3:00 p.m. on August 18, 20 17. In all other respects, the requirements outlined in Docket No. 49 continue to apply. FURTHER ORDERED that 54 Motion for Attendance Exceptions at the ENE is DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 6/26/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHARAE MAYES,
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Plaintiff(s),
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vs.
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SMART AND FINAL INC., et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:17-cv-01136-JAD-VCF
ORDER
(Docket Nos. 53, 54)

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Pending before the Court is a stipulation to continue the early neutral evaluation set in this case.

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Docket No. 53. For good cause shown, that stipulation is GRANTED and the early neutral evaluation

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is CONTINUED to 9:30 a.m. on August 25, 2017. The parties shall submit their early neutral

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evaluation statements by 3:00 p.m. on August 18, 2017. In all other respects, the requirements outlined

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in Docket No. 49 continue to apply.

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Also pending before is Defendants’ motion for attendance exceptions at the early neutral

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evaluation, arguing that the individual defendants should not be required to appear because the claims

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against them fail as a matter of law as explained in the pending motion to dismiss. Docket No. 54.

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United States District Judge Jennifer A. Dorsey has set a hearing on that motion to dismiss for July 31,

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2017, Docket No. 52, or nearly a month before the current date set for the early neutral evaluation as

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established above. Given these circumstances, the Court finds consideration of this motion for

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exceptions at the early neutral evaluation based on speculation as to how Judge Dorsey will resolve the

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motion to dismiss to be premature. Accordingly, the motion for attendance exceptions is DENIED

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without prejudice.

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IT IS SO ORDERED.

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Dated: June 26, 2017

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___________________________________
Nancy J. Koppe
United States Magistrate Judge

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