U.S. Equal Employment Opportunity Commission v. Golden Entertainment

Filing 22

ORDER Granting 21 Stipulation of Dismissal with prejudice. Case terminated. Signed by Judge Andrew P. Gordon on 12/22/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01631-APG-PAL Document 21 Filed 12/22/17 Page 1 of 3

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Anna Y. Park, CA SBN 164242
Sue J. Noh, CA SBN 192134
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Nechole Garcia, NV SBN 12746
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
333 Las Vegas Boulevard South, Suite 8112
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION,
)
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Petitioner,
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v.
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GOLDEN ENTERTAINMENT,
)
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Respondt.
)
)
)
)
)

Case No. 2:17-cv-01631-APG-PAL

STIPULATION AND [PROPOSED]
ORDER TO DISMISS WITH
PREJUDICE

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Pursuant to the Court’s Minutes of Proceedings (ECF No. 17), the Petitioner United

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States Equal Employment Opportunity Commission (“EEOC” or “Commission”), and

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Respondent Golden Entertainment (“Respondent) hereby request and stipulate that this matter be

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dismissed with prejudice.

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Case 2:17-cv-01631-APG-PAL Document 21 Filed 12/22/17 Page 2 of 3

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On October 24, 2017, this Court granted the EEOC’s Application to Show Cause as

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narrowed in the moving and responsive papers and oral argument, and ordered Respondent to

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produce lists of its Montana and Maryland employees that were terminated during their

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introductory periods by November 14, 2017. (ECF No. 8). The Court also ordered the parties to

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either file a Proposed Stipulation and Order to Dismiss by November 24, 2017, or provide a Joint

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Status Report indicating when it may be filed. (ECF No. 8).

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On November 14, 2017, Respondent produced a list of its Maryland employees that were

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terminated during their introductory period. On November 16, 2017, Respondent represented to

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the EEOC that there were no employees terminated during their introductory period from its

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Montana property. Respondent subsequently agreed to the EEOC’s request to have its custodian

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of records complete and sign a declaration confirming its efforts to locate and produce

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responsive information for its Montana property as ordered by this Court on October 24, 2017.

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However, because Respondent’s custodian of records needed additional time, the parties filed a

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Joint Status Report on November 24, 2017 requesting an additional thirty (30) days, up to an

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including December 24, 2017, to file their Stipulation and Proposed Order to Dismiss. (ECF No.

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19). This Court granted the request on November 28, 2017. (ECF No. 20).

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Case 2:17-cv-01631-APG-PAL Document 21 Filed 12/22/17 Page 3 of 3

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On December 22, 2017, Respondent provided the EEOC with a declaration from its

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custodian of records describing its efforts to locate employees terminated during their

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introductory period from Respondent’s Montana property, and disclosing that upon further

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review, it found two Montana employees that were terminated during their introductory period.

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Respondent also produced the information ordered by this Court for those two Montana

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employees. Therefore, the parties jointly request that this Court dismiss this matter with

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prejudice.

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Dated: December 22, 2017

Dated: December 22, 2017

U.S. EQUAL EMPLOYMENT
OPPURTUNITY COMMISSION

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

_/s/ Nechole Garcia _______________
Anna Y. Park
California Bar No. 16242
Sue J. Noh
California Bar No. 192134
Nechole Garcia
Nevada Bar No. 12746
333 Las Vegas Blvd. South, Suite 5560
Las Vegas, NV 89101
Attorneys for Plaintiff U.S. EQUAL
EMPLOYMENT OPPURTUNITY
COMMISSION

_/s/ Dana B. Salmonson_______________
Anthony L. Martin
Nevada Bar No. 8177
Suzanne L. Martin
Nevada Bar No. 8833
Dana B. Salmonson
Nevada Bar No. 11180
3800 Howard Hughes Parkway, Suite 1500
Las Vegas, NV 89169
Attorneys for Respondent GOLDEN
ENTERTAINMENT

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IT IS SO ORDERED:

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______________________________________
UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
Dated: December 22, 2017.
DATED: ___________________________

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