Doe v. NevadaPure, LLC, No. 2:2019cv01664 - Document 29 (D. Nev. 2020)
Court Description: ORDER granting 28 STIPULATION to Stay Proceeding for an Additional Sixty Days re 23 Order. The parties will further confer about requesting an extension of the Stay and file an appropriate motion on or before 8/10/2020 if deemed appropriate. Signed by Judge James C. Mahan on 6/5/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Doe v. NevadaPure, LLC Doc. 29 Case 2:19-cv-01664-JCM-VCF Document 29 28 Filed 06/05/20 06/04/20 Page 1 of 6 1 2 3 4 5 MELANIE A. HILL, ESQ. Nevada Bar No. 8796 MELANIE HILL LAW PLLC 520 S. 7th Street, Suite A Las Vegas, NV 89101 Tel: (702) 362-8500 Fax: (702) 362-8505 Email: Melanie@MelanieHillLaw.com Attorney for Plaintiff Jane Doe 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 ***** JANE DOE, an individual, Plaintiff, 12 13 v. 14 NEVADAPURE, LLC, a Nevada limited liability company doing business under the fictitious firm name of SHANGO LAS VEGAS, 15 16 Case No. 2:19-cv-01664-JCM-VCF JOINT STIPULATION AND ORDER TO STAY PROCEEDINGS FOR AN ADDITIONAL SIXTY DAYS (Second Request) Defendant. 17 18 19 Plaintiff Jane Doe (“Plaintiff”), by and through her counsel, Melanie Hill Law PLLC, 20 and Defendant NevadaPure, LLC dba Shango Las Vegas (“Defendant”), by and through its 21 counsel, Kamer Zucker Abbott, stipulate and request that the Court stay these proceedings for 22 an additional sixty (60) days, through and including August 3, 2020, in light of orders and 23 recommendations from the Governor of Nevada to limit in-person interactions, maintain proper 24 25 social distancing, and wear masks in public as non-essential business begin to resume 26 operations during phase two of the current pandemic. In support of this Stipulation, the parties 27 state as follows: 28 1 Dockets.Justia.com Case 2:19-cv-01664-JCM-VCF Document 29 28 Filed 06/05/20 06/04/20 Page 2 of 6 1 2 1. case and all related deadlines for sixty (60) days on April 13, 2020 [ECF No. 23]. 3 2. 4 5 6 The Stipulation and Order were entered into due to the COVID-19 pandemic taking place all over the world and to abide by the stay at home orders and social distancing guidelines in place at the time of the stipulation. 7 8 The parties entered into a Stipulation and the Court entered an Order staying this 3. In the Stipulation and Order, the parties agreed to confer about requesting an extension of the stay and file an appropriate motion to extend the stay if the pandemic had not 9 10 been sufficiently suppressed. The parties have conferred and do believe an additional Stay of 11 sixty days would be beneficial prior to setting discovery deadlines in this case and would allow 12 the parties time to further reengage in informal settlement negotiations. While shut-down 13 requirements in Nevada have eased, the pandemic is still a threat to the parties and their 14 respective counsel’s health and safety in light of orders and recommendations from the 15 16 Governor of Nevada to limit in-person interactions, maintain proper social distancing, and wear 17 masks in public as non-essential business begin to resume operations during phase two of the 18 current pandemic. 19 20 21 22 4. Discovery Plan and Scheduling Order (“DPSO”) was stayed for sixty-seven (67) days and the opposition deadlines relative to the pending motions were stayed and reset to July 1, 2020. 5. 23 24 25 As part of the Order staying this case, the parties’ deadline to submit their The parties previously agreed that in the event the pandemic had been sufficiently suppressed by June 1, 2020, the parties agreed to file their DPSO within seven (7) days of the lifting of the stay setting the discovery deadlines in this case. 26 27 28 /// /// 2 Case 2:19-cv-01664-JCM-VCF Document 29 28 Filed 06/05/20 06/04/20 Page 3 of 6 1 2 3 4 5 6. The parties further agreed that in the event the pandemic had been sufficiently suppressed by June 1, 2020, the parties agreed that Plaintiff’s Opposition deadlines be continued thirty (30) days from the date the stay is lifted to July 1, 2020. 7. The parties also entered into a Stipulation and the Court entered an Order staying 6 the early neutral evaluation conference in this case on April 23, 2020 [ECF No. 26] to 7 accommodate the COVID-19 pandemic, related case Stay, and the parties request to allow them 8 time to engage in further informal settlement discussions. 9 10 8. In an effort to set realistic discovery deadlines due to the current pandemic, stay 11 at home order, closures of nonessential businesses, phased reopening of nonessential businesses, 12 and strict social distancing guidelines, and to conserve the parties’ and the court’s limited time 13 and resources due to the COVID-19 pandemic, the parties sought and the Court ordered a Stay 14 of all proceedings for sixty (60) days. 15 16 9. As stated in the prior stipulation, the parties intend to engage in written discovery 17 and depositions which are impacted by the closure of third-party businesses, strict social 18 distancing guidelines, recommendations to wear masks in public, and the Defendant’s reduced 19 20 21 22 operations. 10. The parties plan to conduct at least two depositions, which would require in- person interactions that should still be avoided at this time due to the COVID-19 pandemic and 23 the declaration of a national emergency and Nevada state of emergency to protect the health and 24 safety of the parties and their respective counsel. Even video conferencing depositions would 25 require at least a videographer in the same room as both the deposing attorney and the witness 26 27 28 being deposed and the parties prefer in person depositions to allow for them to confer with their clients, if necessary, throughout the depositions. 3 Case 2:19-cv-01664-JCM-VCF Document 29 28 Filed 06/05/20 06/04/20 Page 4 of 6 1 2 3 4 11. Further, at least some of the witnesses may be subject to state school and business closures and are expected to stay home at this time and/or are impacted by the closures of schools, summer camps, and childcare providers. 12. 5 Pursuant to their stipulation for the prior Stay, the parties have met and conferred 6 and do believe an additional Stay of sixty (60) days is necessary so that social distancing can 7 continue to be maintained, for the protection of the parties and their respective counsel’s health 8 and safety, and to ensure that the parties can set realistic discovery deadlines when they prepare 9 10 and file their DPSO. The parties also desire to participate in an in person early neutral 11 evaluation conference with social distancing that is not possible or safe at this time until more 12 information becomes known regarding the continued reopening of businesses or tightening of 13 restrictions on reopening due to a possible resurgence of the COVID-19 pandemic that has been 14 conveyed by the governor to the citizens on Nevada in his Roadmap to Recovery in Nevada if 15 16 there is a surge in COVID-19 cases in Nevada.1 13. 17 18 19 20 21 22 23 threat and in person meetings and depositions are still discouraged to allow for proper social distancing at this time. Further, social distancing with face masks is the preferred form of interaction at this phase of the pandemic, which may interfere with the taking of depositions and participation in the early neutral evaluation conference. Further, Plaintiff’s counsel is considered at higher risk and is taking continued precautions as restrictions are eased. 24 25 While the shut-down requirements in Nevada have eased, the pandemic is still a 14. In the event the pandemic has been sufficiently suppressed by August 3, 2020, and social distancing is eased to allow for an in person early neutral evaluation conference and 26 27 28 1 See generally Roadmap to Recovery in Nevada available at https://nvhealthresponse.nv.gov/wpcontent/uploads/2020/05/Roadmap-to-Recovery-Phase-One-Initial-Guidance.pdf and Release on Phase 2 Reopening available at https://nvhealthresponse.nv.gov/wp-content/uploads/2020/05/5.26-post-presser-release.pdf. 4 Case 2:19-cv-01664-JCM-VCF Document 29 28 Filed 06/05/20 06/04/20 Page 5 of 6 1 2 3 4 in person depositions to be conducted in a safe manner, the parties agree to submit their DPSO within seven (7) days of the lifting of the stay of setting forth requested discovery deadlines on or before August 10, 2020. 15. 5 In the event the pandemic has been sufficiently suppressed by August 3, 2020, 6 the parties agree that Plaintiff’s opposition deadlines be continued thirty (30) days from the date 7 the stay is lifted to September 2, 2020. 8 16. In the event the pandemic has been sufficiently suppressed by August 3, 2020 9 10 and social distancing is eased to allow for an in person early neutral evaluation conference, the 11 parties agree to submit a joint request within seven (7) days of the lifting of the Stay, for the 12 early neutral evaluation conference be reset on or before August 10, 2020. 13 14 17. In the event the pandemic has not been sufficiently suppressed by August 3, 2020, the parties will further confer about requesting an extension of the stay and file an 15 16 appropriate motion on or before August 10, 2020. 18. 17 18 19 any improper purpose or other reason of delay. Rather, it is sought only to conserve the parties’ and court’s respective resources and efficiently yet responsibly set discovery deadlines. 20 WHEREFORE, the parties respectfully request that the Court stay the proceedings in 21 22 This request for an additional sixty (60) day Stay of proceedings is not sought for this case for the next sixty (60) days, through and including August 3, 2020. In the event the 23 pandemic has been sufficiently suppressed by August 3, 2020, the parties shall submit their 24 Joint DPSO and joint request for the early neutral evaluation conference be reset by August 10, 25 /// 26 27 28 /// /// 5 Case 2:19-cv-01664-JCM-VCF Document 29 28 Filed 06/05/20 06/04/20 Page 6 of 6 1 2 3 4 5 2020. In the event the pandemic has not been sufficiently suppressed by August 3, 2020, the parties will further confer about requesting an extension of the Stay and file an appropriate motion on or before August 10, 2020. DATED this 4th day of June, 2020. 6 Respectfully submitted, Respectfully submitted, 7 MELANIE HILL LAW PLLC KAMER ZUCKER ABBOTT /s/ Melanie Hill __________________________________ Melanie A. Hill, Esq. (NV Bar No. 8796) 520 S. 7th Street, Suite A Las Vegas, NV 89101 Tel.: (702) 362-8500 Fax: (702) 362-8505 Melanie@MelanieHillLaw.com Attorneys for Plaintiff Jane Doe /s/ Jen Sarafina ___________________________________ Jen J. Sarafina, Esq. (NV Bar No. 9679) Nicole A. Martin, Esq. (NV Bar No. 13423) 3000 West Charleston Boulevard, Suite 3 Las Vegas, NV 89102 Tel: (702) 259-8640 Fax: (702) 259-8646 Attorneys for Defendant NevadaPURE, LLC 8 9 10 11 12 13 14 15 16 17 18 IT IS SO ORDERED. June__________ 5, 2020. day of June, 2020. Dated this 19 _________________________________________ 20 UNITED STATES DISTRICT COURT JUDGE 21 22 23 24 25 26 27 28 6
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