Nosik v. All Bright Family Dentistry, LLC

Filing 31

ORDER granting 30 Motion to Continue; Re: 22 Motion for Protective Order. Motion Hearing reset for 3/15/2019 at 03:00 PM in LV Courtroom 7C before Judge Richard F. Boulware II. Signed by Magistrate Judge Peggy A. Leen on 3/7/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-00972-RFB-PAL Document 30 Filed 03/05/19 Page 1 of 4

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Nannina L. Angioni (SBN 11041)
KAEDIAN LLP
3960 Howard Hughes Parkway, Suite 500
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant,
ALL BRIGHT FAMILY DENTISTRY, LLC
Michael P. Balaban (SBN 9370)
LAW OFFICES OF MICHAEL P. BALABAN
10726 Del Rudini Street
Las Vegas, NV 89141
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiff,
YVONNE NOSIK
UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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Case No.: 2:18-cv-00972-RFB-PAL

YVONNE NOSIK
Plaintiff,
v.
ALL BRIGHT FAMILY DENTISTRY,
LLC dba ALL BRIGHT DENTAL, a
Nevada Limited Liability Company
Defendant.

JOINT MOTION AND PROPOSED
ORDER RE: CONTINUING DATE
SET FOR HEARING MOTION
FOR PROTECTIVE ORDER DUE
TO TRIAL CONFLICT

Action Filed: 5/27/2018

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JOINT MOTION AND PROPOSED ORDER RE: CONTINUING DATE SET FOR HEARING
MOTION FOR PROTECTIVE ORDER DUE TO TRIAL CONFLICT

Case 2:18-cv-00972-RFB-PAL Document 30 Filed 03/05/19 Page 2 of 4

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TO THE HONORABLE COURT:

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Plaintiff Yvonne A. Nosik (“Plaintiff”) and Defendant All Bright Family

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Dentistry, LLC d/b/a All Bright Dental (“Defendant”) (hereafter Plaintiff and

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Defendant are jointly referred to as the “Parties”), hereby jointly stipulate and

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respectfully move this Court for an Order continuing the date currently set for hearing

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Defendant’s Motion for Protective Order (ECF No. 22) from March 12, 2019 to March

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15, 2019 due to the fact that Defendant’s counsel will be engaged in a jury trial in

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another state on March 12, 2019. Good cause exists to grant the Parties’ request for the

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following reasons:
1.

On February 27, 2019, the court scheduled a hearing on Defendant’s

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Motion for Protective Order (ECF No. 22) for March 12, 2019. See, Notice Setting

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Hearing on Motion (ECF No. 28).

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2.

At the time this Notice issued, Defendant’s counsel expected to be

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available and to have completed a jury trial in another matter in another state

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(specifically, Lesnia Mojica vs. SymAction Communications, LLC, et al., pending

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before the Los Angeles Superior Court, State of California, case number BC 619720

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(the “California Jury Trial”)) before March 12, 2019.

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3.

Unfortunately, the start date for the California Jury Trial ended up trailing

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and not starting as originally scheduled due to the Court being engaged in another trial

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at the same time.

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4.

On March 4, 2019, Defendant’s counsel learned that the California Jury

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Trial would start on March 6, 2019. The California Jury Trial is estimated to take one

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week to complete, which would leave Defendant’s counsel engaged in jury trial on

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March 12, 2019.

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5.

The Parties are currently scheduled to appear before the Court on March

15, 2019 at 3:00 p.m. for a hearing on Defendant’s Motion to Dismiss the Complaint.

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JOINT MOTION AND PROPOSED ORDER RE: CONTINUING DATE SET FOR HEARING
MOTION FOR PROTECTIVE ORDER DUE TO TRIAL CONFLICT

Case 2:18-cv-00972-RFB-PAL Document 30 Filed 03/05/19 Page 3 of 4

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See, Minute Order in Chambers (ECF No. 21).
6.

Defendant’s counsel expects to have the California Jury Trial completed

by March 15, 2019.
7.

If the hearing on March 12, 2019 goes forward as planned, Defendant will

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not have an attorney present to argue the Motion for Protective Order and will

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consequently suffer prejudice.

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8.

The Parties have met and conferred in good faith regarding the scheduling

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of pending Motions in this matter and have agreed to jointly request that the hearing on

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the Motion for Protective Order be continued to March 15, 2019 or as soon thereafter

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as the Court permits to accommodate the pending jury trial conflict.
9.

Because an unavoidable jury trial conflict exists and the Parties have met

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and conferred in good faith in an effort to reach an amicable scheduling resolution, and

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because Defendant’s counsel cannot avoid the California Jury Trial conflict despite her

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best efforts to do so, good cause exists to grant the Parties’ requested relief.

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Therefore, the Parties stipulate and agree to continue the hearing on Defendant’s

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Motion for Protective Order (ECF No. 22) from March 12, 2019 to March 15, 2019 at

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1:00 p.m. or as soon thereafter as the Court permits.

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So stipulated and agreed.
LAW OFFICES OF
MICHAEL P. BALABAN

KAEDIAN LLP

/s/ Michael P. Balaban
Michael P. Balaban, Esq.
10726 Del Rudini St.
Las Vegas, NV 89141
Attorney for Plaintiff
Dated: March 5, 2019

/s/ Nannina L. Angioni
Nannina L. Angioni, Esq.
3690 Howard Hughes Parkway, Suite 500
Las Vegas, NV 89169
Attorney for Defendant
Dated: March 5, 2019

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ORDER
Upon finding good cause, it is HEREBY ORDERED that the hearing on
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JOINT MOTION AND PROPOSED ORDER RE: CONTINUING DATE SET FOR HEARING
MOTION FOR PROTECTIVE ORDER DUE TO TRIAL CONFLICT

Case 2:18-cv-00972-RFB-PAL Document 30 Filed 03/05/19 Page 4 of 4

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Defendant’s Motion for Protective Order (ECF No. 22) is HEREBY CONTINUED

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from March 12, 2019 before Judge Leen, to March 15, 2019 at 3:00 p.m. before Judge

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Boulware in Courtroom 7C, to be heard in conjunction with the other matters to be

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determined before Judge Boulware.

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IT IS SO ORDERED.

______________________________________
The Honorable Peggy A. Leen
United States District Court Magistrate Judge
March 7, 2019
Dated: ____________________

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JOINT MOTION AND PROPOSED ORDER RE: CONTINUING DATE SET FOR HEARING
MOTION FOR PROTECTIVE ORDER DUE TO TRIAL CONFLICT