Opinion
2:23-cv-01001-CDS-VCF
08-14-2023
VICTOR AGUIRRE-VILLANUEVA, individually and on behalf of all others similarly situated, Plaintiff, v. HMB LLC d/b/a and a/k/a SERVEHZAH BOTTLE SHOP AND TAP ROOM; EMPLOYEES/AGENTS DOES 1-10; and ROE CORPORATIONS 11-20, inclusive, Defendant
JENNIFER K. HOSTETLER Nevada Bar No. 11994 JOHN MCCORMICK-HUHN Nevada Bar No. 15961 LEWIS ROCA ROTHGERBER LLP Attorneys for Defendant HMB LLC d/b/a and a/k/a Servehzah Bottle Shop and Tap Room GABROY | MESSER Christian Gabroy, Bar No. 8805 Kaine Messer, Bar No. 14240 Attorney for Plaintiff
JENNIFER K. HOSTETLER
Nevada Bar No. 11994
JOHN MCCORMICK-HUHNNevada Bar No. 15961
LEWIS ROCA ROTHGERBER LLP
Attorneys for Defendant
HMB LLC d/b/a and a/k/a Servehzah Bottle Shop and Tap Room
GABROY | MESSER
Christian Gabroy, Bar No. 8805 Kaine Messer, Bar No. 14240 Attorney for Plaintiff
STIPULATION AND [PROPOSED] ORDER TO STAY DISCOVERY PENDING MEDIATION
Plaintiff Victor Aguirre-Villanueva (“Plaintiff”) and Defendant HMB LLC d/b/a and a/k/a Servehzah Bottle Shop and Tap Room (“Defendant”) (collectively, the “Parties”) by and through their respective counsel, hereby stipulate and respectfully request that the Court stay discovery pending completion of the parties' settlement discussions and anticipated mediation. The Parties believe the proposed stay is in their and the Court's best interests.
In support of this request, the Parties provide the following information for the Court's consideration:
1. On May 30, 2023, Plaintiff filed his Collective and Class Action Complaint with the Eighth Judicial District Court in and for Clark County, Nevada. See ECF No. 1-1. Thereafter, on June 29, 2023, Defendant removed the action to this Court. See ECF No. 1. Defendant filed its Answer (ECF No. 5) on June 30, 2023.
2. The Parties' counsel held a Fed.R.Civ.P. 26(f) conference on July 10, 2023, and have discussed attempting early resolution in mediation.
3. The parties recognize that substantial time and costs will be expended to review the considerable amount of documents to be produced in discovery, including pay and time records of the putative class, expert discovery, depositions, and motion practice. The parties agree that it is in their best interest to wait until the mediation process is complete prior to expending the resources necessary for protracted litigation.
4. In order to conserve the parties' and the Court's resources, to promote judicial economy, and to increase the likelihood of a successful mediation, the parties have agreed, subject to the Court's approval, to stay all litigation proceedings for approximately 90 days, in order for the parties to select an available mediator and complete the agreed-upon mediation.
5. In the event that the parties are unable to reach a resolution at the mediation, the parties agree to file a joint status report informing the Court of the same. The parties further agree to file a proposed discovery plan and scheduling order within two weeks of filing the joint status report.
6. This stipulation is made in good faith and not for the purposes of delay.
IT IS SO ORDERED.