Coyne v. Station Casinos LLC et al

Filing 14

ORDER granting 13 Stipulation to stay this action and to toll the statute of limitations for Plaintiff's FLSA claims. IT IS FURTHER ORDERED that the pending motion to dismiss 10 and request for judicial notice 11 are denied without prejudice to the refiling of the motion to dismiss within 10 days of the order lifting stay. Signed by Judge Jennifer A. Dorsey on 7/24/2017. (Copies have been distributed pursuant to the NEF - DC)

Case 2:17-cv-01603-JAD-PAL Document 13 Filed 07/21/17 Page 1 of 5
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07/24/17

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail]; www.thiermanbuck.com

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THIERMAN BUCK, LLP
Mark R. Thierman, Esq. (Nev. Bar No. 8285)
[e-mail]
Joshua D. Buck, Esq. (Nev. Bar No. 12187)
[e-mail]
Leah L. Jones, Esq. (Nev. Bar No. 13161)
[e-mail]
7287 Lakeside Drive
Reno, Nevada 89511
Telephone: [phone]
Fax: [phone]
Christian Gabroy, Nev. Bar No. 8805
[e-mail]
GABROY LAW OFFICES
170 S. Green Valley Pkwy
Henderson, NV 89012
Tel. [phone]
Fax. [phone]
Charles A. Jones, Nev. Bar No. 6698
[e-mail]
JONES LAW FIRM
9585 Prototype Court, Suite B
Reno, NV 89521
Tel. [phone]
Fax. [phone]

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ARTHUR F. COYNE., on behalf of himself
and all others similarly situated,

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Plaintiff,

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SACKS, RICKETTS & CASE LLP
Luanne Sacks (pro hac vice application to be
submitted)
[e-mail]
Robert B. Bader (pro hac vice application to be
submitted)
[e-mail]
177 Post Street, Suite 650
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

Attorneys for Plaintiff

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SEMENZA KIRCHER RICKARD
Lawrence J. Semenza, III, Esq.
Nevada Bar No. 7174
[e-mail]
Christopher D. Kircher, Esq.
Nevada Bar No. 11176
[e-mail]
Jarrod L. Rickard, Esq.
Nevada Bar No. 10203
[e-mail]
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
Tel: [phone]
Fax: [phone]

vs.
STATION CASINOS LLC, a Nevada
Limited Liability Company, RED ROCK
RESORTS, INC., a Delaware Corporation,
and DOES 1 through 50, inclusive,
Defendants.

Case No.: 2:17-cv-01603-JAD-PAL
STIPULATION AND [PROPOSED]
ORDER TO TOLL THE STATUTE OF
LIMITATIONS FOR FLSA CLAIMS
AND TO STAY ALL PROCEEDINGS
PENDING DECISION OF THE
SUPREME COURT OF THE STATE OF
NEVADA IN NEVILLE, JR. V. EIGHTH
JUDICIAL DIST. CT.
ECF Nos. 10, 13

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STIPULATION TO TOLL THE STATUTE OF LIMITATIONS AND TO STAY ALL PROCEEDINGS
PENDING DEISION OF THE SUPREME COURT OF NEVADA

Case 2:17-cv-01603-JAD-PAL Document 13 Filed 07/21/17 Page 2 of 5
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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail]; www.thiermanbuck.com

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Plaintiff, ARTHUR F. COYNE (“Plaintiff”) on behalf of himself and all others similarly
situated, by and through his counsel of record, and Defendants STATION CASINOS LLC, a
Nevada Limited Liability Company and RED ROCK RESORTS, INC., a Delaware Corporation
(collectively, “Defendants”), by and through their counsel of record (Plaintiff and Defendants
collectively referred to as the “Parties”), submit the below stipulation to stay all proceedings in the
above captioned matter pending the Nevada Supreme Court’s decision in Neville, Jr. v. Eighth
Judicial Dist. Ct. (Terrible Herbst, Inc.) Supreme Court Case No. 70696 (oral argument held on
Monday, July 17, 2017) (“Neville”).
The purpose of the requested stay is to promote judicial economy and allow this Court to
more effectively control the disposition of this action with economy of time and effort for itself,
for counsel, and the litigants. See Landis v. N. Am. Co., 299 U.S. 248, 254 (U.S. 1936) (“the
power to stay proceedings is incidental to the power inherent in every court to control the
disposition of the causes on its docket with economy of time and effort for itself, for counsel, and
for litigants”); Pate v. DePay Orthopedics, Inc., 2012 WL 3532780, at * 2 (D. Nev. Aug. 14,
2012) (“A trial court may, with propriety, find it is efficient for its own docket and the fairest
course for the parties to enter a stay of an action before it, pending resolution of independent
proceedings which bear upon the case”), citing Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d
857, 863 (9th Cir. 1979).
Resolution of the question presented in Neville may impact the Nevada wage and hour
law issues in the present case. Accordingly, the Parties agree to and stipulate as follows:
1)

Plaintiff sets forth various allegations and claims arising under the Fair Labor

Standards Act (“FLSA”), Nevada Wage and Hour law, and Nevada contract law (“Plaintiff’s
Claims”);
2)

Plaintiff asserts his claims on behalf of himself and a group of allegedly similarly

situated employees as a collective action under the FLSA and a Rule 23 class action under the
Federal Rules of Civil Procedure;

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STIPULATION TO TOLL THE STATUTE OF LIMITATIONS AND TO STAY ALL PROCEEDINGS
PENDING DEISION OF THE SUPREME COURT OF NEVADA

Case 2:17-cv-01603-JAD-PAL Document 13 Filed 07/21/17 Page 3 of 5
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3)

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Defendants dispute and deny Plaintiff’s Claims, including whether the proposed

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lawsuit can be maintained as either a Rule 23 class action or a FLSA collective action, and

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specifically contend that Plaintiff does not have a private right of action to assert his Nevada

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wage and hour law claims for the reasons set forth in Defendants’ Motion to Dismiss (ECF No.

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10);
4)

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a decision in Neville (the “Stay Period”);
5)

THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail]; www.thiermanbuck.com

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The Parties agree to stay all proceedings until the Nevada Supreme Court issues

The Parties further agree that the statute of limitations for all FLSA claims

asserted in the Complaint are tolled from the date the Court enters the requested stay in this action
until the Nevada Supreme Court a decision in Neville;
6)

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The Parties will have fourteen (14) days from the date of the Nevada Supreme

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Court’s decision in Neville to file a status report with this Court to set an updated briefing schedule

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for Defendants’ pending Motion to Dismiss (ECF No. 10); and
7)

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The Parties reserve all rights and defenses to which they are entitled as of the first

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day of the Stay Period and this stipulation does not effect and is not intended to effect a waiver of

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any such right or defense.

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STIPULATION TO TOLL THE STATUTE OF LIMITATIONS AND TO STAY ALL PROCEEDINGS
PENDING DEISION OF THE SUPREME COURT OF NEVADA

Case 2:17-cv-01603-JAD-PAL Document 13 Filed 07/21/17 Page 4 of 5
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07/24/17

This Stipulation is made in good faith and not for the purposes of undue burden or delay.

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Dated: July 21, 2017.

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail]; www.thiermanbuck.com

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THIERMAN BUCK LLP

SEMENZA KIRCHER RICKARD

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

/s/ Lawrence J. Semenza, III
Lawrence J. Semenza, III, Esq.
Nevada Bar No. 7174
Christopher D. Kircher, Esq.
Nevada Bar No. 11176
Jarrod L. Rickard, Esq.
Nevada Bar No. 10203
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145

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SACKS, RICKETTS & CASE LLP

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/s/ Robert B. Bader
Luanne Sacks (pro hac vice application to be
submitted)
Robert B. Bader (pro hac vice application to be
submitted)
177 Post Street, Suite 650
San Francisco, CA 94108

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Attorneys for Defendants

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ORDER

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IT IS HEREBYORDERED that the Parties’ Stipulation and stay this action and
IT IS HERBY ORDERED that the Parties’ Stipulation to Order to stay this action and
to toll the statute of limitations for Plaintiff’s FLSA claims is granted. This case is stayed until
/further order of the court.
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IT IS FURTHER ORDERED that, once the Nevada Supreme Court has issued the
IT IS FURTHER ORDERED that, once the Nevada Supreme Court has issued the

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/remittitur in Neville, Jr. v. Eighth Judicial Dist. Ct., Case No. 70696, either party may move to
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/lift this stay.
//

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STIPULATION TO TOLL THE STATUTE OF LIMITATIONS AND TO STAY ALL PROCEEDINGS
PENDING DEISION OF THE SUPREME COURT OF NEVADA

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IT IS FURTHER ORDERED that the pending motion to dismiss and request for within
IT IS FURTHER ORDERED that the Parties will submit a Joint Status Report

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judicial notice [ECF Nos. 10, 11] are denied without prejudice to the refiling of the motion to
fourteen (14) days of the Nevada Supreme Court’s decision in Neville, Jr. v. Eighth Judicial Dist.

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dismiss within 10 days of Supreme Court stay. To 70696 setting forth a briefing schedule for
Ct. (Terrible Herbst, Inc.) the order lifting Case No.the extent that the request for judicial notice
is necessary to the motion to dismiss, the
Defendants’ pending Motion to Dismiss. request for judicial notice should be incorporated into

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the motion toSO ORDERED. limits in LR 7-3 apply.
IT IS dismiss; the page
24th
July
Dated this ___ day of

2017.

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THIERMAN BUCK, LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail]; www.thiermanbuck.com

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_____________________________________
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION TO TOLL THE STATUTE OF LIMITATIONS AND TO STAY ALL PROCEEDINGS
PENDING DEISION OF THE SUPREME COURT OF NEVADA