Betancourt v. Nevada Property 1 LLC

Filing 12

ORDER granting 11 Stipulation to Stay Proceedings; Signed by Judge Richard F. Boulware, II on 2/16/2018. (Copies have been distributed pursuant to the NEF - JM)

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KAMER ZUCKER ABBOTT
Scott M. Abbott
#4500
Kaitlin H. Ziegler
#13625
3000 West Charleston Boulevard, Suite 3
Las Vegas, Nevada 89102-1990
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Nevada Property 1 LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSE BETANCOURT, an Individual,

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Plaintiff,
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vs.
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NEVADA PROPERTY 1 LLC, a Foreign
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Liability Company d/b/a The Cosmopolitan of )
Las Vegas; DOES I-X; ROE CORPORATIONS )
I-X,
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Defendants.
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)

Case No. 2:17-cv-02452-RFB-VCF

STIPULATION AND ORDER TO
STAY PROCEEDINGS PENDING
RESOLUTION OF DEFENDANT’S
MOTION TO DISMISS
(First Request)

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Plaintiff Jose Betancourt (“Plaintiff”), by and through his counsel of record, the law firm
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of HKM Employment Attorneys LLP, and Defendant Nevada Property 1 LLC d/b/a The
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Cosmopolitan of Las Vegas (“Defendant”), by and through its counsel of record, the law firm of
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Kamer Zucker Abbott, stipulate and request that the Court stay these proceedings pending
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resolution of Defendant’s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1)
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and (6) (ECF No. 5). In support of this Stipulation and Request, the parties state as follows:
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1. Defendant filed its Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1)
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and (6) (“Motion”) on November 30, 2017. (ECF No. 5).
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2. On December 15, 2017, the Court granted the parties’ Stipulation and Order to Extend
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Deadlines for Opposition and Reply in Support of Defendant’s Motion to Dismiss. (ECF
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No. 8).
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KAMER ZUCKER ABBOTT

Attorneys at Law

3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • [phone]

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3. Plaintiff filed his Opposition to Motion to Dismiss on January 4, 2018 (ECF No. 9), and

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Defendant filed its Reply in Support of Its Motion to Dismiss Pursuant to Federal Rule of

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Civil Procedure 12(b)(1) and (6) on January 25, 2018 (ECF No. 10).

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4. Based on the disposition of Defendant’s Motion to Dismiss, this case may be dismissed in

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whole or in part or allowed to proceed in its current form. Accordingly, the parties believe

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it would be prudent to stay proceedings in this matter to conserve expenditures and

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resources until a decision is made on Defendant’s Motion. The parties agree that, if this

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case survives the Motion to Dismiss, they will conduct their Rule 26(f) conference and

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submit a proposed discovery plan and scheduling order within thirty (30) days after

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decision on the Motion.

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5. This request to stay proceedings is not sought for any improper purpose or other reason of

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delay. Rather, it is sought only conserve the parties’ respective resources while awaiting

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the Court’s decision on Defendant’s pending Motion.

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KAMER ZUCKER ABBOTT

Attorneys at Law

3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • [phone]

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WHEREFORE, the parties respectfully request that the Court stay proceedings in this case

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until the resolution of Defendant’s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure

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12(b)(1) and (6).

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DATED this 25th day of January, 2018.

DATED this 25th day of January, 2018.

HKM EMPLOYMENT ATTORNEYS LLP

KAMER ZUCKER ABBOTT

By: /s/ Jenny L. Foley
Jenny L. Foley, Esq.
#9017
1785 East Sahara Avenue, Suite 325
Las Vegas, Nevada 89104
Tel: [phone]
Fax: [phone]

By: /s/ Scott M. Abbott
Scott M. Abbott, Esq. #4500
Kaitlin H. Ziegler, Esq. #13625
3000 West Charleston Boulevard, Suite 3
Las Vegas, Nevada 89102
Tel: [phone]
Fax: [phone]

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Attorney for Plaintiff
Jose Betancourt

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Attorneys for Defendant
Nevada Property 1 LLC d/b/a
The Cosmopolitan of Las Vegas

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IT IS SO ORDERED.

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February 16, 2018
__________________
DATE

RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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KAMER ZUCKER ABBOTT

Attorneys at Law

3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • [phone]

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