Ames v. Caesars Entertainment Corporation et al, No. 2:2017cv02910 - Document 21 (D. Nev. 2018)

Court Description: ORDER Granting 20 Stipulation re Filing of Second Amended Complaint, Substitution of Named Plaintiffs and Dismissal Without Prejudice of Defendant Caesars Entertainment Corp. Signed by Magistrate Judge Cam Ferenbach on 2/26/2018. (Copies have been distributed pursuant to the NEF - MR)
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Ames v. Caesars Entertainment Corporation et al 1 2 3 4 Doc. 21 Adam C. Rapaport (SBN 13008) The Law Office of Adam C. Rapaport 235 W. Brooks Avenue North Las Vegas, Nevada 89030 Telephone: 702-789-4932 Facsimile: 702-789-4932 Email: adamrapaportesq@gmail.com 5 6 7 8 9 Robert A. Waller, Jr., Esq. (California Bar No. 169604) Admitted Pro Hac Vice Law Office of Robert A. Waller, Jr. P.O. Box 999 Cardiff-by-the-Sea, California 92007 Telephone: 760-753-3118 Facsimile: 760-753-3206 Email: robert@robertwallerlaw.com 10 11 Attorneys for Plaintiffs AARON LEIGH-PINK, and TANA EMERSON, Individually and on behalf of all others similarly situated 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 13 14 15 JAY AMES, Individually and on behalf of all others similarly situated, CASE NO.: 2:17-cv-02910-GMN-VCF Plaintiff(s), 16 v. 17 18 CAESARS ENTERTAINMENT CORPORATION, et al. 19 Defendant(s) 20 21 22 STIPULATION AND ORDER WHEREAS, on October 11, 2017, Plaintiff filed this putative class action in the District Court, Clark County, Nevada; 23 24 25 26 27 28 WHEREAS, on November 8, 2017, Plaintiff filed his First Amended Class Action Complaint; WHEREAS, on November 20, 2017, Defendants removed this matter to this Court from the District Court, Clark County, Nevada; WHEREAS, on December 28, 2017, pursuant to a Stipulation and Order, Defendants filed their Motion to Dismiss; Page 1 of 3 Dockets.Justia.com 1 2 3 WHEREAS, on January 11, 2018, Plaintiff filed his Response to Defendants’ Motion to Dismiss; WHEREAS, on January 18, 2018, Defendants filed their Reply in Support of their Motion to Dismiss; 4 5 6 7 WHEREAS, on February 7, 2018, counsel for Plaintiff requested that counsel for Defendants stipulate to the filing of a Second Amended Complaint (“SAC”); WHEREAS, thereafter, during a meet and confer, counsel for Plaintiff also requested that Defendants agree to the substitution of named-Plaintiff from Jay Ames to named-Plaintiffs, Aaron Leigh-Pink and Tana Emerson; 8 9 10 11 12 13 14 15 16 WHEREAS, during that meet and confer, counsel for Defendants explained that Caesars Entertainment Corporation is an improperly-named entity in this matter and should be dismissed; WHEREAS, Defendants requested the dismissal of Caesars Entertainment Corporation, without prejudice; and, WHEREAS, Defendants agreed that they would consent to the filing of the SAC provided that: (1) Their time to answer, move, or otherwise respond to the SAC is extended to twenty-eight (28) days from the date of Plaintiffs’ filing of the SAC; and, (2) Plaintiffs agree to dismiss Defendant Caesars Entertainment Corporation from this action without prejudice; NOW, IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel of record, that: 17 18 1. Plaintiff shall file the SAC, in the form attached hereto as Exhibit A, within fourteen (14) days after this Stipulation and Order is granted; 19 20 21 22 2. Plaintiff, Jay Ames, is hereby voluntarily dismissed from this action pursuant to FRCP 41 and is replaced by Plaintiffs, Aaron Leigh-Pink and Tana Emerson; 3. Caesars Entertainment Corporation is dismissed from this action without prejudice; and /// 23 24 25 /// /// 26 27 28 Page 2 of 3 1 2 4. The time within which Defendants shall have to answer, move, or otherwise respond to the SAC is extended until twenty-eight (28) days after Plaintiffs file the SAC. IT IS SO STIPULATED AND AGREED. 3 DATED: February 23, 2018 4 By: Robert A. Waller, Jr. 5 6 Robert A. Waller, Jr., (pro hac vice) Attorneys for Plaintiffs and the class 7 8 DATED: February 23, 2018 COZEN O’CONNOR 9 Richard Fama, Esq. 10 Richard Fama, Esq. (pro hac vice) Attorneys for Defendant Caesars Entertainmen Corp. and RIO Properties LLC 11 12 13 14 15 Signature Certification: I hereby certify that the content of this document is acceptable to Richard Fama, counsel for defendants, and that I have obtained this counsel’s authorization to affix their electronic signatures to this document. 16 17 DATED: February 23, 2018 By: 18 Robert A. Waller, Jr. 19 Robert A. Waller, Jr., (pro hac vice) Attorneys for Plaintiffs and the class 20 21 22 ORDER 23 Based on the foregoing stipulation of the parties by and through their counsel of record 24 25 herein, IT IS SO ORDERED. 26 Dated: 2-26-2018 27 U.S. Magistrate Judge 28 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 3 4 JAY AMES, Individually and on behalf of all others similarly situated, Plaintiff vs. CAESARS ENTERTAINMENT CORPORATION; RIO PROPERTIES LLC, Defendants CASE NO. 17-cv-02910-GMN-VCF 5 I, Robert A. Waller, Jr., certify that: I am over the age of 18 years and not a party to the case; I am employed in, or am a resident of the County of San Diego, California; my business address is P.O. Box 999, Cardiff-by-the-Sea, 7 California 92007, telephone (760) 753-3118, facsimile (760) 753-3206, Email: robert@robertwallerlaw.com. On the date set forth below, I caused service of the 8 following document(s) on the parties indicated below by electronically serving said document(s) to their email address registered with the Clerk of the United 9 States District Court for the District of Nevada using its ECF System, which electronically notifies them at their email address of record: 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A. STIPULATION AND ORDER RE: FILING SECOND AMENDED COMPLAINT PARTIES ON WHOM SERVED: Lew Brandon, Jr., Esq. l.brandon@moranlawfirm.com Justin W. Smerber, Esq. j.smerber@moranlawfirm.com MORAN BRANDON BENDAVID MORAN 630 S. Fourth Street Las Vegas, Nevada 89101 Telephone: (702) 384-8424 Facsimile: (702) 384-6568 Attorneys for Defendants CAESARS ENTERTAINMENT CORP. and RIO PROPERTIES, LLC Adam C. Rapaport (SBN 13008) The Law Office of Adam C. Rapaport 235 W. Brooks Avenue North Las Vegas, Nevada 89030 Telephone: 702-789-4932 Facsimile: 702-789-4932 mail: adamrapaportesq@gmail.com Co-Counsel for Plaintiffs Richard Fama, Esq. (Pro Hac Vice) rfama@cozen.com Brenden Coller, Esq. bcoller@cozen.com COZEN O’CONNOR 45 Broadway, 16th Floor New York, New York 10006 Telephone: (212) 908-1229 Attorneys for Defendants CAESARS ENTERTAINMENT CORP. and RIO PROPERTIES, LLC I declare under penalty of perjury under the laws of the State of Nevada the foregoing is true and correct. 27 Executed on February 23, 2018 28 Signature: /s/ Robert A. Waller, Jr.