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

Filing 26

ORDER Granting 25 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)

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Case 2:17-cv-01194-GMN-GWF Document 25 Filed 11/20/17 Page 1 of 4 1 2 3 4 5 Whitney C. Wilcher, Esq. THE WILCHER FIRM Nevada State Bar No. 7212 8465 West Sahara Avenue Suite 111-236 Las Vegas, NV 89117 Email: wcw@nevadaada.com Attorney for Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 Kevin Zimmerman, an Individual 12 Civil Action No: 2:17-cv-01194-GMN-GWF Plaintiff, STIPULATED MOTION AND ORDER TO STAY PROCEEDINGS 13 v. 14 Smith’s Food & Drug Centers, Inc., 15 Defendant. 16 17 18 Plaintiff Kevin Zimmerman and Defendant Smith’s Food & Drug Centers, Inc., by and 19 through their respective undersigned counsel, hereby move this Court for and Order staying all 20 proceedings. A stay in this matter would be appropriate until the resolution of the pending 21 Motion to Dismiss to be filed by the Nevada Attorney General in Zimmerman v. GJS Group, 22 Inc., 2:17-cv-00304-GMN-GWF. 23 Factual Background 24 On August 8, 2017, the State of Nevada ex rel. Adam Paul Laxalt, the Nevada Attorney 25 General moved to intervene in Zimmerman v. GJS Group for the limited purpose of seeking 26 consolidation of similar actions, including this Case, filed by the Plaintiff in Zimmerman v. GJS 27 Group and this Action. On October 11, 2017, this Court ordered, in part, that the State of 28 Case 2:17-cv-01194-GMN-GWF Document 25 Filed 11/20/17 Page 2 of 4 1 2 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. 5 6 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)). 10 11 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 12 dispositive rulings, and other dates designed to lead this case to a prompt trial date. It would not 13 14 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 19 requested is granted. 20 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 22 23 24 25 26 27 28 claims which occurred on the date alleged in the complaint. Case 2:17-cv-01194-GMN-GWF Document 25 Filed 11/20/17 Page 3 of 4 1 2 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. 4 5 RESPECTFULLY submitted on this 20th day of November, 2017. 6 /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: wcw@nevadaada.com /s/ Gregory Francis Hurley______ Gregory Francis Hurley, Esq. Sheppard Mullin Ricter & Hampton 650 Town Center Dr., 4th Flr. Costa Mesa, CA 92626 ghurley@sheppardmullin.com Attorney for Defendant Pro Hac Vice Attorney for Plaintiff 11 12 13 14 IT IS SO ORDERED. 15 16 _________________________________ United States District/Magistrate Judge UNITED STATES MAGISTRATE JUDGE 17 DATED: November 21, 2017 18 19 20 21 22 23 24 25 26 27 28 Case 2:17-cv-01194-GMN-GWF Document 25 Filed 11/20/17 Page 4 of 4 1 CERTIFICATE OF SERVICE 2 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: 5 6 Gregory Francis Hurley & 7 Sheppard Mullin Ricter th Hampton, LLP 650 Town Center Dr., 4 Flr. 8 Costa Mesa, CA 92626 ghurley@sheppardmullin.com 9 Attorney for Defendant 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by: /s/ Sydney Rogers

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