Williams et al v. Sisolak et al, No. 2:2021cv01676 - Document 112 (D. Nev. 2021)
Court Description: ORDER Granting 107 Stipulation for Extension of Time. Signed by Magistrate Judge Cam Ferenbach on 12/28/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Williams et al v. Sisolak et al Doc. 112 Case 2:21-cv-01676-APG-VCF Document 112 Filed 12/28/21 Page 1 of 6 1 ZACHARY M. YOUNGSMA Nevada Bar No. 15680 2 SHAFER & ASSOCIATES, P.C. 3800 Capital City Blvd., Ste. 2 3 Lansing, MI 48906 T: 517-886-6560 4 F: 517-886-6565 E: Zack@BradShaferLaw.com 5 Counsel for Defendant Las Vegas Bistro, LLC 6 7 DEANNA L. FORBUSH* Nevada Bar No. 6646 F OX ROTHSCHILD LLP 8 1980 Festival Plaza Dr. Ste. 700 9 Las Vegas, Nevada 89135 T: 702-262-6899 10 F: 702-597-5503 11 * Designated Nevada Attorney Pursuant to LR IA 11-1(b) and Nev. Sup. Ct. R. 42.1 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 16 17 18 19 20 21 22 23 24 25 ANGELA WILLIAMS; JANE DOE #1; Case No.: 2:21-cv-01676 -APG-VCF JANE DOE #2, Honorable: Andrew P. Gordon Plaintiffs, v. STEVE SISOLAK, Governor of Nevada, in his official capacity; AARON FORD, Attorney General of Nevada, in his official capacity; THE CITY OF LAS VEGAS; CLARK COUNTY; NYE COUNTY; WESTERN BEST, INC. D/B/A CHICKEN RANCH; WESTERN BEST LLC; JAMAL RASHID; MALLY MALL MUSIC, LLC; FUTURE MUSIC, LLC; PF SOCIAL MEDIA MANAGEMENT, LLC; E.P. SANCTUARY; BLUE MAGIC MUSIC, LLC; EXCLUSIVE BEAUTY LOUNGE, LLC; FIRST INVESTMENT PROPERTY, LLC; V.I.P. ENTERTAINMENT, LLC; MP3 PRODUCTIONS, INC.; MMM PRODUCTIONS, INC.; STIPULATION AND [PROPOSED] ORDER TO ABATE ALL OF DEFENDANT LAS VEGAS BISTRO LLC’S APPLICABLE DEADLINES UNTIL SUCH A TIME AS THIS COURT ISSUES AN ORDER ON PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER (DOC. 50) AND RESET THEM ACCORDINGLY (FIRST REQUEST) 26 27 28 -1- Dockets.Justia.com Case 2:21-cv-01676-APG-VCF Document 112 Filed 12/28/21 Page 2 of 6 1 2 3 SHAC, LLC D/B/A SAPPHIRE GENTLEMEN’S CLUB AND/OR SAPPHIRE; SHAC MT, LLC; and LAS VEGAS BISTRO, LLC D/B/A LARRY FLYNT’S HUSTLER CLUB, Defendants 4 5 6 COMES NOW Defendant Las Vegas Bistro, LLC, by and through its counsel of 7 record, and Plaintiffs Angela Williams; Jane Doe #1; and Jane Doe #2 (collectively, with 8 Defendant, the “Parties”), by and through her counsel Jason D. Guinasso, hereby 9 stipulate and agree to the following: 10 1. Plaintiff filed her First Amended Complaint (the “FAC”) on November 10, 11 2021, [Doc. 49], which added, for the first time, Defendant Las Vegas Bistro, LLC. 12 Defendant was served on December 3, 2021. [Doc. 74]. 13 2. The deadline for Defendant to file a responsive pleading to the FAC is 14 December 27, 2021. 15 3. The deadline for Defendant to file its initial disclosures pursuant to Fed. 16 R. Civ. P. 26 is December 30, 2021. [Doc. 93]. 17 4. In order to assess the claims against Defendant, Defendant requires 18 certain identifying information from Plaintiff Jane Doe # 2 in order to access 19 Defendants’ records. Plaintiffs do not wish to disclose Jane Doe # 2’s identifying 20 information absent a protective order; however, this Court has not yet ruled on 21 Plaintiffs’ Motion for Protective Order. [Doc. 50]. The Parties briefly discussed entering 22 into a temporary protective order; however, Plaintiffs determined they were unable to 23 disclose Jane Doe # 2’s identity until such a time as they are able to explain their 24 concerns regarding the disclosure of Jane Doe # 2’s identity at the hearing on their 25 Motion for Protective Order, [Doc. 50], directly to the Court. 26 5. Defendant maintains extensive records or all of its employees and the 27 entertainers who perform on its premises. These records can be accessed by a number 28 -2STIPULATION AND [PROPOSED] ORDER TO ABATE ALL OF DEFENDANT LAS VEGAS BISTRO LLC’S APPLICABLE DEADLINES UNTIL SUCH A TIME AS THIS COURT ISSUES AN ORDER ON PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER (DOC. 50) AND RESET THEM ACCORDINGLY Case 2:21-cv-01676-APG-VCF Document 112 Filed 12/28/21 Page 3 of 6 1 of different queries including by name, social security number, employee and/or dancer 2 identification number, date of birth, and email address. The most reliable way of 3 accessing these records are by the last four of a social security number and the 4 individual’s name. All employees and entertainers who perform on Defendant’s 5 premises enter into binding arbitration agreements with Defendant. Further, all 6 entertainers who perform on Defendant’s premises enter into a contract with Defendant. 7 Jane Doe # 2 alleges to have been an entertainer that performed on Defendant’s 8 premises. [FAC, Doc. 49, at ¶¶ 275, 278, 305]. Without some identifying information for 9 Jane Doe # 2, Defendant cannot assess whether Jane Doe # 2 actually performed on 10 Defendant’s premises or whether, if she did in fact perform on Defendant’s premises, 11 her claims would be subject to arbitration. 12 6. Defendant does not wish to take any actions that could be construed as 13 inconsistent with the right to arbitrate. See, e.g., Newirth by & through Newirth v. Aegis 14 Senior Communities, LLC, 931 F.3d 935, 942 & n.10 (9th Cir. 2019). 15 7. Because Defendant cannot access its records to both assess Jane Doe # 2’s 16 claims and locate her arbitration agreement with Defendant in the event she did 17 perform on its premises; because Bistro does not wish to waive its right to arbitrate, 18 given that Bistro has already engaged in scheduling conferences, by filing dispositive 19 motions, joining in dispositive motions, and/or engaging in discovery by serving its 20 initial disclosures under Fed. R. Civ. P. 26, Defendant Las Vegas Bistro, LLC requests, 21 and Plaintiffs agree to, abate all deadlines applicable to Defendant Las Vegas Bistro, 22 LLC and reset those deadlines that have accrued as of the of this Court’s entry of its 23 final order on Plaintiffs’ Motion for Protective Order, [Doc. 50], to twenty-one (21) days 24 following entry of said order. The Parties request all remaining deadlines be governed 25 by the applicable Federal Rules, this Court’s Local Rules, and/or this Court’s Orders. 26 THEREFORE, it is hereby stipulated and agreed, by and between Defendant Las 27 Vegas Bistro, LLC and Plaintiffs Angela Williams; Jane Doe #1; and Jane Doe #2, 28 -3STIPULATION AND [PROPOSED] ORDER TO ABATE ALL OF DEFENDANT LAS VEGAS BISTRO LLC’S APPLICABLE DEADLINES UNTIL SUCH A TIME AS THIS COURT ISSUES AN ORDER ON PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER (DOC. 50) AND RESET THEM ACCORDINGLY Case 2:21-cv-01676-APG-VCF Document 112 Filed 12/28/21 Page 4 of 6 1 through their undersigned counsel, that all deadlines applicable to Defendant Las Vegas 2 Bistro, LLC are abated and those deadlines that, as of the date of this Court’s entry of 3 its final order on Plaintiffs’ Motion for Protective Order, [Doc. 50], have accrued are 4 hereby reset as due on or before twenty-one (21) days after this Court’s entry of its final 5 Order on Plaintiffs’ Motion for Protective Order, [Doc. 50]. All remain deadlines shall be 6 governed by the applicable Federal Rules, this Court’s Local rules, and/or this Court’s 7 Orders. 8 9 Dated: December 28, 2021 Respectfully Submitted, 10 /s/ Jason D. Guinasso 11 12 13 Jason D. Guinasso, Esq. Nevada Bar No. 8478 500 Damonte Ranch Parkway, Suite 980 Reno, Nevada 89521 T: 775-853-8746 E: JGuinasso@hutchlegal.com 14 Attorneys for Plaintiffs /s/ Zachary M. Youngsma Zachary M. Youngsma Nevada Bar No. 15680 Shafer & Associates, P.C. 3800 Capital City Blvd., Ste. 2 Lansing, MI 48906 T: 517-886-6560 F: 517-886-6565 E: Zack@BradShaferLaw.com 15 16 Counsel for Defendant Las Vegas Bistro, LLC 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND [PROPOSED] ORDER TO ABATE ALL OF DEFENDANT LAS VEGAS BISTRO LLC’S APPLICABLE DEADLINES UNTIL SUCH A TIME AS THIS COURT ISSUES AN ORDER ON PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER (DOC. 50) AND RESET THEM ACCORDINGLY Case 2:21-cv-01676-APG-VCF Document 112 Filed 12/28/21 Page 5 of 6 ORDER 1 2 IT IS SO ORDERED as follows: all applicable deadlines for Defendant Las Vegas 3 Bistro, LLC are hereby abated. Those deadlines that, as of the date of this Court’s entry 4 of its final order on Plaintiffs’ Motion for Protective Order, [Doc. 50], have accrued are 5 hereby reset as due on or before twenty-one (21) days after this Court’s entry of its final remaining 6 Order on Plaintiffs’ Motion for Protective Order, [Doc. 50]. All remain deadlines shall be 7 governed by the applicable Federal Rules, this Court’s Local rules, and/or this Court’s 8 Orders. 9 December 2021 28th Dated this ____ day of __________________. 10 11 12 13 _________________________________________ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5STIPULATION AND [PROPOSED] ORDER TO ABATE ALL OF DEFENDANT LAS VEGAS BISTRO LLC’S APPLICABLE DEADLINES UNTIL SUCH A TIME AS THIS COURT ISSUES AN ORDER ON PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER (DOC. 50) AND RESET THEM ACCORDINGLY Case 2:21-cv-01676-APG-VCF Document 112 Filed 12/28/21 Page 6 of 6 1 2 CERTIFICATE OF SERVICE I hereby certify that on December 28, 2021, I electronically filed the foregoing 3 document with the Clerk of the Court using the CM/ECF system, which will send 4 notification of such filing to all counsel of record. 5 6 7 /s/ Zachary M. Youngsma Zachary M. Youngsma Nevada Bar No. 15680 SHAFER & ASSOCIATES, P.C. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6STIPULATION AND [PROPOSED] ORDER TO ABATE ALL OF DEFENDANT LAS VEGAS BISTRO LLC’S APPLICABLE DEADLINES UNTIL SUCH A TIME AS THIS COURT ISSUES AN ORDER ON PLAINTIFFS’ MOTION FOR PROTECTIVE ORDER (DOC. 50) AND RESET THEM ACCORDINGLY
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