Williams v. Sisolak ( 2021 )

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 6 7 DEANNA L. FORBUSH* Nevada Bar No. 6646 8 FOX ROTHSCHILD LLP 1980 Festival Plaza Dr. Ste. 700 9 Las Vegas, Nevada 89135 T: 702-262-6899 10 F: 702-597-5503 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 ANGELA WILLIAMS; JANE DOE #1; Case No.: 2:21-cv-01676 -APG-VCF JANE DOE #2, 15 Honorable: Andrew P. Gordon Plaintiffs, 16 v. 17 STIPULATION AND [PROPOSED] STEVE SISOLAK, Governor of Nevada, ORDER TO ABATE ALL OF 18 in his official capacity; AARON FORD, DEFENDANT LAS VEGAS BISTRO Attorney General of Nevada, in his official LLC’S APPLICABLE DEADLINES 19 capacity; THE CITY OF LAS VEGAS; UNTIL SUCH A TIME AS THIS COURT CLARK COUNTY; NYE COUNTY; ISSUES AN ORDER ON PLAINTIFFS’ 20 WESTERN BEST, INC. D/B/A CHICKEN MOTION FOR PROTECTIVE ORDER RANCH; WESTERN BEST LLC; JAMAL (DOC. 50) AND RESET THEM 21 RASHID; MALLY MALL MUSIC, LLC; ACCORDINGLY FUTURE MUSIC, LLC; PF SOCIAL 22 MEDIA MANAGEMENT, LLC; E.P. SANCTUARY; BLUE MAGIC MUSIC, 23 LLC; EXCLUSIVE BEAUTY LOUNGE, (FIRST REQUEST) LLC; FIRST INVESTMENT PROPERTY, 24 LLC; V.I.P. ENTERTAINMENT, LLC; MP3 PRODUCTIONS, INC.; MMM 25 PRODUCTIONS, INC.; 26 27 1 SHAC, LLC D/B/A SAPPHIRE GENTLEMEN’S CLUB AND/OR 2 SAPPHIRE; SHAC MT, LLC; and LAS VEGAS BISTRO, LLC D/B/A LARRY 3 FLYNT’S HUSTLER CLUB, 4 Defendants 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 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. , 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, 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 11 Jason D. Guinasso, Esq. Zachary M. Youngsma Nevada Bar No. 8478 Nevada Bar No. 15680 12 500 Damonte Ranch Parkway, Suite 980 Shafer & Associates, P.C. Reno, Nevada 89521 3800 Capital City Blvd., Ste. 2 13 T: 775-853-8746 Lansing, MI 48906 E: JGuinasso@hutchlegal.com T: 517-886-6560 14 F: 517-886-6565 E: Zack@BradShaferLaw.com 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 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 ll 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 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 Dated this 28thy of December 2021 . am 12 — 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- STIPULATION AND [PROPOSED] ORDER TO ABATE ALL OF DEFENDANT LAS VEGAS BISTRO 1 CERTIFICATE OF SERVICE 2 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 Zachary M. Youngsma 7 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