Opinion
2:20-cv-00453-GMN-DJA
04-13-2023
LISA DANIELS, Plaintiff, v. ARIA RESORT & CASINO, LLC; DOES I through V, inclusive; and ROE CORPORATIONS I through V, inclusive Defendants.
CLAGGETT & SYKES LAW FIRM Sean K. Claggett, Scott Lundy, Attorneys for Plaintiff JACKSON LEWIS P.C. Paul T. Trimmer, Eric Magnus Attorneys for Defendant
Current Hearing Dated: April 14, 2023
Current Hearing Time: 10:00 a.m.
CLAGGETT & SYKES LAW FIRM Sean K. Claggett, Scott Lundy, Attorneys for Plaintiff
JACKSON LEWIS P.C. Paul T. Trimmer, Eric Magnus Attorneys for Defendant
STIPULATION AND ORDER TO CONTINUE FINAL FAIRNESS HEARING
Defendant Aria Resort & Casino, LLC, (“Defendant” or “Aria”), by and through its counsel, Jackson Lewis P.C., and Plaintiff Lisa Daniels (“Plaintiff”), by and through her counsel, Claggett & Sykes Law Firm, hereby stipulate and request that the final fairness hearing be continued to the Court's next available date, and that counsel for Defendant, Eric Magus, be permitted to appear telephonically for the hearing.
1. On April 15, 2022, the Parties filed a Motion for Reconsideration of Order Denying Joint Motion for Approval of Collective Action Settlement. ECF No. 39.
2. On March 23, 2023, the Court issued an Order granting the Parties' Joint Motion for Approval of Class Settlement and set the final fairness hearing for April 14, 2023. ECF No. 40. Through the March 23, 2023, Order, the Court also granted preliminary approval of the settlement, conditionally certified the class and collective action for settlement purposes, conditionally approved the proposed award of attorneys' fees, and approved the proposed form of notice. The Court also approved the proposed class counsel, class representatives, and claims administrator. ECF No. 40.
3. However, while the Motion for Reconsideration was pending, Plaintiff's counsel, Joseph Mott, left Plaintiff counsel's office. Counsel for the parties have now conferred with the settlement administrator. Defense counsel contacted the administrator on April 3, 2023 and counsel have commenced all other steps necessary to comply with the Court's March 23, 2023 Order.
4. Defense Counsel Paul Trimmer has a previously scheduled arbitration on April 14, 2023 and Defense Counsel Eric Magnus would not be able to participate via videoconference.
5. Accordingly, the Parties respectfully request that the status hearings currently scheduled for April 14, 2023, be continued.
6. This is the first request for a continuance of the final fairness hearing.
7. This request is made in good faith and not for the purpose of delay.
8. Additionally, the Parties respectfully request that counsel for Defendant, Eric Magnus, who is located in Atlanta, Georgia, be permitted to appear telephonically for the rescheduled hearing.
ORDER
IT IS HEREBY ORDERED the Final Fairness Hearing is continued to April 25, 2023, at 10:00 AM in Courtroom 7D.
IT IS SO ORDERED: