Williams v. Vegas Venture 1 LLC et al

Filing 21

ORDER granting in part and denying in part 18 Motion to Continue. IT IS ORDERED that the ENE is continued from May 18, 2021 to July 23, 2021. IT IS FURTHER ORDERED that no additional requests to continue the ENE in this case will be granted absen t extraordinary and unforeseen circumstances. IT IS FURTHER ORDERED that the Order entered on March 5, 2021, ECF No. 17 , shall apply; provided, however, that the written evaluation statement, with exhibits, not to exceed 50 pages, must be delivered electronically to [e-mail] on Friday, July 16, 2021. Signed by Magistrate Judge Elayna J. Youchah on 4/26/2021. (Copies have been distributed pursuant to the NEF - HAM)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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NATHANIEL M. WILLIAMS, an
individual

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Plaintiff,

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v.

Case No. 2:20-cv-02022-KJD-DJA

ORDER

VEGAS VENTURE I LLC, MATTHEW
FRESINSKI, HAROLD NORRIS, JOSE
LEVIN, RICARDO RAMIREZ, CARLOS
DOMINGUEZ, SHERMARIO JONES c/o
CAFÉ AMERICANO RESTAURANT,

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Defendants.

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Pending before the Court is All Defending Parties’ Motion to Continue/Stay the Early

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Neutral Evaluation (ECF No. 18). The Defending parties’ quote Local Rule 16-6(d), which states:

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“unless good cause is shown, the early neutral evaluation [“ENE”] session must be held by the court

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not later than 90 days after the first responding party appears in the case.” The “good cause”

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Defending parties offer is that a Motion to Dismiss is pending before the Court and that proceeding

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with the ENE before this Motion is decided would be a potential “waste [of] judicial resources.” Id.

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at 2.

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economy.” Id. These arguments do not constitute good cause. If they did, then every time a party

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filed a motion to dismiss, the ENE could appropriately be delayed until that motion was

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decided. The Local Rule provides for no such exception to the ENE process. Indeed, it is not

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infrequent that a Motion to Dismiss is pending at the time an ENE is held.

Defending parties also state that continuing the ENE would “promote judicial

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The above said, the Court is not unsympathetic to the desire to have the Motion to Dismiss

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decided before an ENE is held. Thus, in an effort to provide the parties with an opportunity to

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conduct some discovery and potentially have the pending Motion to Dismiss decided before the ENE

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is held, the Court will continue the ENE, on this one occasion only, from May 18 to July 23,

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2021. No additional continuances of the ENE will be granted absent extraordinary and unforeseen

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circumstances.

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Accordingly, IT IS HEREBY ORDERED that All Defending Parties’ Motion to

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Continue/Stay the Early Neutral Evaluation (ECF No. 18) is GRANTED in part and DENIED in

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part.

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IT IS FURTHER ORDERED that the ENE is continued from May 18, 2021 to July 23, 2021.

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IT IS FURTHER ORDERED that no additional requests to continue the ENE in this case

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will be granted absent extraordinary and unforeseen circumstances.

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IT IS FURTHER ORDERED that the Order entered on March 5, 2021, ECF No. 17, shall

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apply; provided, however, that the written evaluation statement, with exhibits, not to exceed 50

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pages, must be delivered electronically to [e-mail] on Friday, July

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16, 2021.
Dated this 26th day of April, 2021.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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