Opinion
2:23-cv-00567-JCM-BNW
07-24-2023
CUITING WEI, an Individual, Plaintiff, v. MAGMA HOLDING INC., a domestic corporation; DOES 1 through X and ROE CORPORATIONS I through X, inclusive, Defendants.
Anthony L. Martin Nevada Bar No. 8177 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Michelle C. Krakora Nevada Bar No. 8832 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Attorneys for Defendant Magma Holding Inc.
Anthony L. Martin Nevada Bar No. 8177 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Michelle C. Krakora Nevada Bar No. 8832 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Attorneys for Defendant Magma Holding Inc.
JOINT STIPULATION AND ORDER REGARDING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND STAY OF PROCEEDINGS PENDING DECISION ON ECF NO. 7
Plaintiff Cuiting Wei (“Plaintiff”) and Defendant Magma Holding Inc. (“Defendant” or “Magma”) (collectively referred to as the “Parties”), by and through their respective undersigned counsel of record, hereby stipulate and agree as follows: on June 16, 2023, Defendant filed its Motion to Compel Arbitration and Stay Proceedings Pending Arbitration (“MTC”). (ECF No. 7.) On that same date, the Court issued an Order Scheduling Early Neutral Evaluation (“ENE”) Session, setting the ENE conference for July 27, 2023, at 10:00 a.m. (ECF No. 9.) The parties will participate in the ENE conference as scheduled with the understanding and agreement that Defendant's participation does not constitute a waiver of its position on the MTC. Plaintiff agrees that she will not object to Defendant's MTC on the basis that by participating in the ENE, Defendant has acted inconsistently with, or has waived its right to pursue, arbitration.
Further, the parties agree to extend the briefing schedule on the MTC. Plaintiffs response is currently due June 30, 2023, and Defendant's reply July 7, 2023. The parties agree to extend the briefing schedule as follows: if the ENE conference is not successful in resolving the matter, Plaintiffs response to the MTC will be due one week following the ENE conference, up to and including August 3, 2023, and Defendant's Reply will be due by August 10, 2023.
Further, the parties agree to stay other proceedings unrelated to the ENE and the briefing of the MTC pending a decision on Defendant's MTC. In the event that Defendant's MTC is denied, the parties agree to submit a Joint Proposed Discovery Plan and Scheduling Order within seven (7) days after the order is issued on ECF No. 7.
This Stipulation is made in good faith and is not intended for purposes of delay.
IT IS SO STIPULATED.
MAIER GUTIERREZ & ASSOCIATES
Danielle J. Barraza, Esq. Nevada Bar No. 13822 Attorney for Plaintiff Cuiting Wei
ORDER
IT IS SO ORDERED. .