Ames v. Caesars Entertainment Corporation et al

Filing 21

ORDER Granting 20 Stipulation re Filing of Second Amended Complaint, Substitution of Named Plaintiffs and Dismissal Without Prejudice of Defendant Caesars Entertainment Corp. Signed by Magistrate Judge Cam Ferenbach on 2/26/2018. (Copies have been distributed pursuant to the NEF - MR)

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Adam C. Rapaport (SBN 13008)
The Law Office of Adam C. Rapaport
235 W. Brooks Avenue
North Las Vegas, Nevada 89030
Telephone: [phone]
Facsimile: 702-789-4932
Email: [e-mail]

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Robert A. Waller, Jr., Esq. (California Bar No. 169604) Admitted Pro Hac Vice
Law Office of Robert A. Waller, Jr.
P.O. Box 999
Cardiff-by-the-Sea, California 92007
Telephone: [phone]
Facsimile: 760-753-3206
Email: [e-mail]

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Attorneys for Plaintiffs AARON LEIGH-PINK, and TANA EMERSON, Individually and on
behalf of all others similarly situated

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JAY AMES, Individually and on behalf of
all others similarly situated,

CASE NO.: 2:17-cv-02910-GMN-VCF

Plaintiff(s),

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v.
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CAESARS ENTERTAINMENT
CORPORATION, et al.

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Defendant(s)
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STIPULATION AND ORDER
WHEREAS, on October 11, 2017, Plaintiff filed this putative class action in the District
Court, Clark County, Nevada;

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WHEREAS, on November 8, 2017, Plaintiff filed his First Amended Class Action
Complaint;
WHEREAS, on November 20, 2017, Defendants removed this matter to this Court from
the District Court, Clark County, Nevada;
WHEREAS, on December 28, 2017, pursuant to a Stipulation and Order, Defendants
filed their Motion to Dismiss;

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WHEREAS, on January 11, 2018, Plaintiff filed his Response to Defendants’ Motion to
Dismiss;
WHEREAS, on January 18, 2018, Defendants filed their Reply in Support of their
Motion to Dismiss;

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WHEREAS, on February 7, 2018, counsel for Plaintiff requested that counsel for
Defendants stipulate to the filing of a Second Amended Complaint (“SAC”);
WHEREAS, thereafter, during a meet and confer, counsel for Plaintiff also requested
that Defendants agree to the substitution of named-Plaintiff from Jay Ames to named-Plaintiffs,
Aaron Leigh-Pink and Tana Emerson;

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WHEREAS, during that meet and confer, counsel for Defendants explained that Caesars
Entertainment Corporation is an improperly-named entity in this matter and should be
dismissed;
WHEREAS, Defendants requested the dismissal of Caesars Entertainment Corporation,
without prejudice; and,
WHEREAS, Defendants agreed that they would consent to the filing of the SAC
provided that: (1) Their time to answer, move, or otherwise respond to the SAC is extended to
twenty-eight (28) days from the date of Plaintiffs’ filing of the SAC; and, (2) Plaintiffs agree to
dismiss Defendant Caesars Entertainment Corporation from this action without prejudice;
NOW, IT IS HEREBY STIPULATED by and between the Parties, through their
respective counsel of record, that:

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1.
Plaintiff shall file the SAC, in the form attached hereto as Exhibit A, within
fourteen (14) days after this Stipulation and Order is granted;

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2.
Plaintiff, Jay Ames, is hereby voluntarily dismissed from this action pursuant to
FRCP 41 and is replaced by Plaintiffs, Aaron Leigh-Pink and Tana Emerson;
3.
Caesars Entertainment Corporation is dismissed from this action without
prejudice; and
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4.
The time within which Defendants shall have to answer, move, or otherwise
respond to the SAC is extended until twenty-eight (28) days after Plaintiffs file the SAC.
IT IS SO STIPULATED AND AGREED.

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DATED: February 23, 2018

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By:

Robert A. Waller, Jr.

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Robert A. Waller, Jr., (pro hac vice)
Attorneys for Plaintiffs and the class

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DATED: February 23, 2018
COZEN O’CONNOR

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Richard Fama, Esq.

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Richard Fama, Esq. (pro hac vice)
Attorneys for Defendant Caesars Entertainmen
Corp. and RIO Properties LLC

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Signature Certification:
I hereby certify that the content of this document is acceptable to Richard Fama, counsel
for defendants, and that I have obtained this counsel’s authorization to affix their electronic
signatures to this document.

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DATED: February 23, 2018
By:

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Robert A. Waller, Jr.

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Robert A. Waller, Jr., (pro hac vice)
Attorneys for Plaintiffs and the class

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ORDER

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Based on the foregoing stipulation of the parties by and through their counsel of record

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herein, IT IS SO ORDERED.

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Dated:

2-26-2018

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U.S. Magistrate Judge

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CERTIFICATE OF SERVICE

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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JAY AMES, Individually and on behalf of all others similarly situated, Plaintiff vs. CAESARS
ENTERTAINMENT CORPORATION; RIO PROPERTIES LLC, Defendants
CASE NO. 17-cv-02910-GMN-VCF

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I, Robert A. Waller, Jr., certify that: I am over the age of 18 years and not
a party to the case; I am employed in, or am a resident of the County of San
Diego, California; my business address is P.O. Box 999, Cardiff-by-the-Sea,
7 California 92007, telephone [phone], facsimile [phone], Email:
[e-mail]. On the date set forth below, I caused service of the
8 following document(s) on the parties indicated below by electronically serving
said document(s) to their email address registered with the Clerk of the United
9 States District Court for the District of Nevada using its ECF System, which
electronically notifies them at their email address of record:
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A.

STIPULATION AND ORDER RE: FILING SECOND AMENDED COMPLAINT

PARTIES ON WHOM SERVED:
Lew Brandon, Jr., Esq.
[e-mail]
Justin W. Smerber, Esq.
[e-mail]
MORAN BRANDON BENDAVID MORAN
630 S. Fourth Street
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CAESARS ENTERTAINMENT CORP.
and RIO PROPERTIES, LLC

Adam C. Rapaport (SBN 13008)
The Law Office of Adam C. Rapaport
235 W. Brooks Avenue
North Las Vegas, Nevada 89030
Telephone: [phone]
Facsimile: 702-789-4932
mail: [e-mail]
Co-Counsel for Plaintiffs

Richard Fama, Esq. (Pro Hac Vice)
[e-mail]
Brenden Coller, Esq.
[e-mail]
COZEN O’CONNOR
45 Broadway, 16th Floor
New York, New York 10006
Telephone: [phone]
Attorneys for Defendants
CAESARS ENTERTAINMENT CORP.
and RIO PROPERTIES, LLC
I declare under penalty of perjury under the laws of the State of Nevada the foregoing
is true and correct.
Executed on February 23, 2018

Signature: /s/ Robert A. Waller, Jr.