Porteous v. Capital One Services, LLC

Filing 9

ORDER re: 8 Joint Status Report. The Parties may file their Proposed Discovery Plan and Scheduling Order no later than January 9, 2018. Defendant's Motion To Dismiss currently before the Court (ECF No. 4 ) is withdrawn without prejudice and Defendant is granted leave to file responsive pleadings, including a motion to dismiss, to 6 First Amended Complaint. Signed by Magistrate Judge George Foley, Jr on 12/15/2017.(Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02866-JCM-GWF Document 8 Filed 12/14/17 Page 1 of 4

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THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.lthiermanbuck.com

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THIERMAN BUCK, LLP
Mark R. Thierman, Nev. Bar No. 8285
[e-mail]
Joshua D. Buck, Nev. Bar No. 12187
[e-mail]
Leah L. Jones, Nev. Bar No. 13161
[e-mail]
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]
Attorneys for Plaintiffs

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DISTRICT OF NEVADA

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NATASHA PORTEOUS, on behalf of herself
and all others similarly situated,

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Attorneys for Defendant Capital One
Services, II, LLC

UNITED STATES DISTRICT COURT

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OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.
Anthony L. Martin, Nev. Bar No. 8177
[e-mail]
Tullio J. Marchionne, Nev. Bar No. 4684
[e-mail]
3800 Howard Hughes Parkway, Suite 1500
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]

Plaintiff,

Case No2:17-CV-02866-JDM-GWF
JOINT STATUS REPORT AND
[PROPOSED] ORDER SUBMITTED IN
COMPLIANCE WITH ECF NO. 3

vs.
CAPITAL ONE SERVICES II, LLC; and
DOES 1 through 50, inclusive,
Defendant(s).
Pursuant to this Court’s Order (ECF No. 3) Plaintiff NATASHA PORTEOUS on behalf
of herself and all others similarly situated (“Plaintiff”) and Defendant CAPITAL ONE
SERVICES II, LLC (“Defendant” or “Capital One”), by and through their respective counsel of
record set forth the status of this action as follows:
Procedural History:
Plaintiff filed her original complaint (“Complaint” and ECF No. 1-1) against Capital
One in the District Court, Clark County Nevada, on October 5, 2017, for alleged unpaid wages
on behalf of herself and similarly situated individuals as a collective action pursuant to the

-1JOINT STATUS REPORT

Case 2:17-cv-02866-JCM-GWF Document 8 Filed 12/14/17 Page 2 of 4

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federal Fair Labor Standards Act (“FLSA”) and a class action pursuant to Federal Rule of Civil

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Procedure (“FRCP”) 23 under various Nevada wage and hour laws and Nevada contract law for

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alleged failure to pay for computer log in/boot up and log out/boot down time, failure to

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include nondiscretionary bonuses into the calculation of the regular rate of pay for overtime

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premium, and breach of contract. Capital One removed the action to this court on November

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15, 2017. (ECF Nos. 1-1-3).

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THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.lthiermanbuck.com

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Capital One filed its Motion to Dismiss Plaintiff’s Complaint in its entirety on
November 22, 2017. (ECF No. 4).
Plaintiff filed her First Amended Complaint (“FAC” and operative complaint) on
December 6, 2016. (ECF No. 6). Plaintiff alleges seven causes of action on behalf of herself
and those similarly situated: (1) failure to pay overtime in violation of 29 U.S.C. § 207; (2)
failure to pay the correct overtime rate in violation of 29 U.S.C. § 207(e); (3) failure to

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compensate for all hours worked in violation of NRS 608.140 and 608.106; (4) failure to pay

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minimum wages in violation of the Nevada Constitution; (5) failure to pay overtime in

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violation of NRS 608.140 and 608.018; (6) failure to timely pay all wages due and owing in

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violation of NRS 608.140 and 608.020-.050; and (7) breach of contract. Plaintiff also included

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a jury demand.

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The Parties are scheduled to hold an in-person 26(f) conference on Tuesday, December

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19, 2017.

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-2JOINT STATUS REPORT

Case 2:17-cv-02866-JCM-GWF Document 8 Filed 12/14/17 Page 3 of 4

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Action Required By The Court

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The Parties request relief from FRCP 26(f)(4) and leave from the Court to file their

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proposed Discovery Plan and Scheduling Order on or before January 9, 2018 (twenty-one days

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after the Parties’ 26(f) conference due the to the end of the year Holidays and previously

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scheduled counsel and staff vacations.

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THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.lthiermanbuck.com

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Copies of Pending Motions/Court Orders Requiring Court’s Attention:
Defendant filed its Motion to Dismiss Plaintiff’s Complaint on November 22, 2017.
(ECF No. 4). In lieu of a response to Defendant’s Motion to Dismiss, Plaintiff filed her FAC
on December 6, 2017. (ECF No. 6). The Parties request that Defendant’s Motion To Dismiss
currently before the Court (ECF No. 4) be withdrawn without prejudice and that Defendant be
granted leave to file responsive pleadings, including a motion to dismiss, to the operative FAC.
There are no other actions required by the Court at this time.
Respectfully submitted,
Dated: December 15, 2017

Dated: December 15, 2017

THIERMAN LAW FIRM

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

/s/ Leah L. Jones
Mark R. Thierman, Nev. Bar No. 8285
Joshua D. Buck, Nev. Bar No. 12187
Leah L. Jones, Nev. Bar No. 13161
7287 Lakeside Drive
Reno, Nevada 89511
Attorneys for Plaintiffs

/s/ Anthony L. Martin
Anthony L. Martin, Nev. Bar No. 8177
Tullio J. Marchionne, Nev. Bar No. 4684
3800 Howard Hughes Parkway, Suite 1500
Las Vegas, NV 89169
Attorneys for Defendants

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ORDER

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1. The Parties may file their Proposed Discovery Plan and Scheduling Order no later
than January 9, 2018.

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-3JOINT STATUS REPORT

Case 2:17-cv-02866-JCM-GWF Document 8 Filed 12/14/17 Page 4 of 4

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2. Defendant’s Motion To Dismiss currently before the Court (ECF No. 4) is withdrawn

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without prejudice and Defendant is granted leave to file responsive pleadings,

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including a motion to dismiss, to the operative FAC.

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IT IS SO ORDERED.

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DATED this _________ day of December 2017.
15th

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THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email: [e-mail] www.lthiermanbuck.com

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______________________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES JUDGE

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-4JOINT STATUS REPORT