Howard v. Southwest Gas Corporation

Filing 12

ORDER Granting 11 Stipulation to: 1) Stay the Proceeding; 2) Extend Defendant's Deadline to Answer Complaint; and 3) Toll FLSA Limitations Period. Signed by Judge Jennifer A. Dorsey on 6/29/2018. (Copies have been distributed pursuant to the NEF - MR)

1 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
Don Springmeyer
2 Nevada Bar No. 1021
Bradley S. Schrager
3 Nevada Bar No. 10217
3556 E. Russell Road, Second Floor
4 Las Vegas, Nevada 89120
[phone]/Fax: [phone]
5 [e-mail]
[e-mail]
6 Counsel for Plaintiffs
7 JACKSON LEWIS P.C.
Elayna J. Youchah
8 Nevada Bar No. 5837
Deverie J. Christensen
9 Nevada Bar No. 6596
3800 Howard Hughes Parkway, Suite 600
10 Las Vegas, Nevada 89169
[phone]/Fax: [phone]
11 [e-mail]
Counsel for Defendant
12 Southwest Gas Corporation
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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16 EBONY HOWARD, individually, and on
behalf of all others similarly situated,
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Plaintiff,
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vs.
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SOUTHWEST GAS CORPORATION,
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Defendant.
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Case No: 2:18-cv-01035-JAD-VCF
STIPULATION AND ORDER TO:
(1) STAY THE PROCEEDING
(2) EXTEND DEFENDANT’S
DEADLINE TO ANSWER
COMPLAINT;
AND
(3) TOLL FLSA LIMITATIONS
PERIOD
Complaint Filed:

June 7, 2018

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RECITALS
On June 7, 2018, Plaintiff EBONY HOWARD (“Plaintiff”) filed a putative class and

26 collective action complaint in the United States District Court, District of Nevada (the
27 “Complaint”). The Complaint names SOUTHWEST GAS CORPORATION (“Defendant” or
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STIPULATION AND ORDER

1 “SGC”) as the sole Defendant and asserts the following three causes of action: (1) Failure to Pay
2 Overtime in Violation of the Fair Labor Standards Act (“FLSA”); (2) Failure to Pay For Each
3 Hour Worked pursuant to Nev. Rev. Stat. Ann. § 608.016; and (3) Failure to Pay Overtime in
4 Violation pursuant to Nev. Rev. Stat. Ann. § 608.018 (the “Complaint”).
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Defendant was served with summons on June 8, 2018. Pursuant to the Federal Rules of

6 Civil Procedure and Nevada Local Rules, SGC’s deadline to file a responsive pleading is June
7 29, 2018.
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The parties have agreed, subject to the Court’s approval, to stay the proceedings for thirty

9 (30) days to allow for the exchange of information and documents bearing on the claims and
10 defenses at issue herein to avoid potentially unnecessary motion practice and further expenditure
11 of resources.
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The parties have further agreed to and executed a separate “Tolling Agreement” which

13 tolls the statute of limitations for putative collective and class action members for thirty (30)
14 days.
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STIPULATION
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between

17 Plaintiffs and Defendant, through their respective undersigned counsel of record, as follows:
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(1) This action is stayed in its entirety until thirty (30) days from the date of this Order;

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(2) Defendant’s deadline to answer Plaintiffs’ Complaint is extended to seven (7) days

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following the expiration of the stay; and

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(3) The limitations period for the claims under the FLSA of putative collective and class

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action members who have not already filed consents to join the Litigation shall be

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tolled for thirty (30) days, such that any consent form filed in this action shall be

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deemed to have been filed on the later of (a) thirty (30) days prior to the date on

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which it is actually filed, or (b) the date of the parties’ Tolling Agreement.

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STIPULATION AND ORDER

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IT IS SO STIPULATED.

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DATED: June 22, 2018

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PLAINTIFFS’ ATTORNEYS
WOLF, RIFKIN, SHAPIRO, SCHULMAN
& RABKIN, LLP
______________________________________

By:
/s/ Don Springmeyer, Esq.
On behalf of Plaintiffs and Plaintiffs’ Attorneys

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8 DATED: June 22, 2018

DEFENDANT’S ATTORNEYS
JACKSON LEWIS P.C.
______________________________________

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By: /s/ Deverie J. Christensen, Esq.
On behalf of Defendant and Defendant’s
Attorneys
ORDER

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IT IS HEREBY ORDERED, this 29th dayday June, 2018:
______ of of June, 2018:
1. This action is stayed in its entirety until thirty (30) days from the date of this Order;
2. Defendant’s deadline to answer Plaintiffs’ Complaint is extended to seven (7) days
following the expiration of the stay; and
3. The limitations period for the claims under the FLSA of putative collective and class
action members who have not already filed consents to join the Litigation shall be
tolled for thirty (30) days, such that any consent form filed in this action shall be
deemed to have been filed on the later of (a) thirty (30) days prior to the date on
which it is actually filed, or (b) the date of the parties’ Tolling Agreement.
___________________________________________
U.S. District/Magistrate Judge
United States District Judge

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STIPULATION AND ORDER