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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSEPH ALEXANDER MERVIS,

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Case No. 2:17-cv-02605-JCM-NJK
Plaintiff,

v.

ORDER
(Emg Mot Vacate ENE – ECF No. 11)

MGM INTERNATIONAL,
Defendant.

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Before the court is defendant’s Emergency Request to Vacate the Early Neutral Evaluation

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Scheduled for December 27, 2017 (ECF No. 11). This is an employment case arising out of

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plaintiff’s employment by Aria Hotel and Casino in Las Vegas. It was automatically referred to

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the court’s Early Neutral Evaluation Program upon transfer. The motion requests that the court

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vacate the ENE for several reasons. First, defendant believes that its motion to dismiss will be

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granted on the merits and because plaintiff has not filed an opposition. The motion to dismiss

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argues that MGM Resorts was not plaintiff’s employer, that plaintiff failed to exhaust

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administrative remedies before filing this complaint, and that plaintiff has no timely viable claims.

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Second, this case was initially filed in the Northern District of Ohio where it was sua sponte

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transferred to this district. Plaintiff is a resident of Ohio, is representing himself, and has had no

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contact with defense counsel. Requiring him to fly to Las Vegas for an ENE would be expensive

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and premature. As such, defendant requests that the ENE be vacated until after ruling on the

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motion to dismiss.

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Having reviewed and considered the matter,

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IT IS ORDERED that:

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1. The ENE set for December 27, 2017 at 9:30 a.m., is VACATED, and will reset after

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ruling on the motion to dismiss if any claim survives.
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2. In the event any claim survives, the parties shall submit a joint status report no later

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than 14 days after decision of the pending motion to dismiss providing available dates

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for an ENE.

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DATED this 7th day of December, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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