Mervis v. MGM International

Filing 12

ORDER Granting 11 Emergency Motion to Vacate 10 Order Setting Early Neutral Evaluation Session. IT IS ORDERED that the ENE set for 12/27/2017 at 9:30 a.m., is VACATED, and will reset after ruling on the motion to dismiss if any claim survives. Signed by Magistrate Judge Peggy A. Leen on 12/7/2017. (Copies have been distributed pursuant to the NEF - MR)

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    1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 JOSEPH ALEXANDER MERVIS, 8 9 10 Case No. 2:17-cv-02605-JCM-NJK Plaintiff, v. ORDER (Emg Mot Vacate ENE – ECF No. 11) MGM INTERNATIONAL, Defendant. 11 12 Before the court is defendant’s Emergency Request to Vacate the Early Neutral Evaluation 13 Scheduled for December 27, 2017 (ECF No. 11). This is an employment case arising out of 14 plaintiff’s employment by Aria Hotel and Casino in Las Vegas. It was automatically referred to 15 the court’s Early Neutral Evaluation Program upon transfer. The motion requests that the court 16 vacate the ENE for several reasons. First, defendant believes that its motion to dismiss will be 17 granted on the merits and because plaintiff has not filed an opposition. The motion to dismiss 18 argues that MGM Resorts was not plaintiff’s employer, that plaintiff failed to exhaust 19 administrative remedies before filing this complaint, and that plaintiff has no timely viable claims. 20 Second, this case was initially filed in the Northern District of Ohio where it was sua sponte 21 transferred to this district. Plaintiff is a resident of Ohio, is representing himself, and has had no 22 contact with defense counsel. Requiring him to fly to Las Vegas for an ENE would be expensive 23 and premature. As such, defendant requests that the ENE be vacated until after ruling on the 24 motion to dismiss. 25 Having reviewed and considered the matter, 26 IT IS ORDERED that: 27 1. The ENE set for December 27, 2017 at 9:30 a.m., is VACATED, and will reset after 28 ruling on the motion to dismiss if any claim survives. 1     1 2. In the event any claim survives, the parties shall submit a joint status report no later 2 than 14 days after decision of the pending motion to dismiss providing available dates 3 for an ENE. 4 DATED this 7th day of December, 2017. 5 6 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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