Daas et al v. NeuLion, Inc. et al

Filing 28

ORDER granting 27 Motion to Stay Case; Status Hearing set for 1/22/2018 at 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 11/15/2017. (Copies have been distributed pursuant to the NEF - JM)

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J. Colby Williams 1 Nevada Bar No. 5549 2 Philip R. Erwin Nevada Bar No. 11563 3 CAMPBELL & WILLIAMS 700 South Seventh Street 4 Las Vegas, Nevada 89101 Telephone: (702) 382-5222 5 jcw@cwlawlv.com 6 Attorneys for Defendant 7 ZUFFA, LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 HASAN DAAS, BRAD GRIER, WESLEY Case No. 2:17-cv-02767-RFB-VCF INMAN, MATT LEBOEUF, DAMIAN LUNA, 11 LLOYD TRUSHEL, MARK WHITE, and 12 DONGSHENG LIU, on behalf of themselves JOINT MOTION FOR STAY, and all others similarly situated, EXTENDING TIME FOR ZUFFA, LLC 13 TO RESPOND TO THE COMPLAINT Plaintiffs, (First Request Since Transfer) 14 v. 15 NEULION, INC., and ZUFFA, LLC, 16 Defendants. 17 18 19 WHEREAS, this stipulation is entered into by and between Plaintiffs Hasan Daas, Brad 20 Grier, Wesley Inman, Matt Leboeuf, Damian Luna, Lloyd Trushel, Mark White, and Dongsheng 21 Liu (together “Plaintiffs”) and Defendant Zuffa, LLC (“Zuffa”); 22 WHEREAS, this action was assigned to this Court on November 1, 2017, as a result of the 23 action having been transferred from the Southern District of New York (ECF No. 22); 24 WHEREAS, there are seven other actions related to this case pending in multiple United 25 States District Courts across the country (the “Actions”), including two in this District, Riley v. 26 Zuffa, LLC, No. 2:17-cv-02308-APG-GWF (the “Riley Action”) and Park v. Zuffa, LLC, No. 2:1727 cv-2282-APG-VCF (the “Park Action”); 28 WHEREAS, in light of the substantial similarities in the allegations and claims in the 1 Actions, on October 3, 2017, a motion was filed with the Judicial Panel on Multidistrict Litigation 2 (“JPML”) to centralize the Actions before a single judge for coordinated pretrial proceedings under 3 28 U.S.C. § 1407 (the “MDL Motion”); 4 WHEREAS, the JPML will be holding a hearing on the MDL Motion on November 30, 5 2017; 6 WHEREAS, on October 6, 2017, United States Magistrate Judge George Foley, Jr. granted 7 Zuffa’s request to stay the Riley Action pending a decision by the JPML on the MDL Motion; 8 WHEREAS, on October 13, 2017, United States Magistrate Judge Cam Ferenbach granted 9 Zuffa’s, along with its parent company, UFC Holdings, LLC’s, request to stay the Park Action on 10 the same terms; 11 WHEREAS, in the four other Actions in which Zuffa is a defendant, which includes the 12 Riley and Park Actions and two Ninth Circuit-based actions, Garcia v. Showtime Networks, Inc., 13 No. 3:17-cv-01803-JM-AGS (S.D. Cal.), and Ferrandini v. Zuffa, LLC, No. 2:17-cv-06781-R-KS 14 (C.D. Cal.), stays or extensions of time have been provided pending a decision by the JPML; 15 WHEREAS, since the action was transferred and assigned to this Court, this is the first 16 request for an extension of time to respond to Plaintiffs’ Complaint sought by Zuffa; 17 WHEREAS, based on the above, there is good cause to stay this action along with the four 18 other Actions in which Zuffa is a defendant pending a decision by the JPML, as such will not 19 prejudice any party, will protect all parties from duplicative and burdensome efforts and potentially 20 inconsistent rulings, and will promote judicial economy and efficiency; 21 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between 22 Plaintiffs and Zuffa, subject to approval of the Court, as follows: 23 1. Zuffa’s time to answer, move, or otherwise respond to Plaintiffs’ Complaint is hereby 24 extended pending a decision by the JPML. If the JPML coordinates or consolidates 25 the Actions in this Court, or if it denies centralization, the parties shall contact the 26 Court promptly after receipt of that Order to discuss an appropriate schedule for 27 filing a consolidated or amended complaint, if applicable, and a response date to the 28 operative complaint. 2 1 2. By submission of this motion for a stay to extend Zuffa’s time to respond to 2 Plaintiffs’ Complaint, Zuffa is not waiving and expressly reserves any defense, 3 including for failure to state claim. 4 5 IT IS SO STIPULATED. DATED: November 3, 2017 FARUQI & FARUQI, LLP /s/ Innessa M. Huot Innessa Melamed Huot 6 7 8 Attorneys for Plaintiffs 9 10 DATED: November 3, 2017 CAMPBELL & WILLIAMS 11 /s/ Philip R. Erwin J. Colby Williams Philip R. Erwin 12 13 14 15 16 IT IS HEREBY ORDERED that a status hearing is scheduled for 10:00 AM, January 22, 2018, in Courtroom 3D. Attorneys for Defendant ZUFFA, LLC IT IS SO ORDERED: 17 18 19 UNITED STATES MAGISTRATE JUDGE DATED: 20 21 22 23 24 25 26 27 28 3 11-15-2017

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