Finster v. Floor and Decor Outlets of America, Inc. ( 2024 )

1 JOSHUA A. SLIKER, ESQ. Nevada Bar No. 12493 2 KATLYN M. BRADY, ESQ 3 Nevada Bar No. 14173 JACKSON LEWIS P.C. 4 300 S. Fourth Street, Suite 900 Las Vegas, Nevada 89101 5 Telephone: (702) 921-2460 Facsimile: (702) 921-2461 6 Email: joshua.sliker@jacksonlewis.com 7 Email: katlyn.brady@jacksonlewis.com 8 Attorney for Defendant Floor and Decor Outlets 9 of America, Inc. 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 JAKE B. FINSTER, Case No.: 2:24-cv-01150-GMN-EJY 13 Plaintiff, STIPULATION AND ORDER TO: 14 vs. 15 FLOOR AND DECOR OUTLETS OF (1) ARBITRATE CASE; AND AMERICA, INC., a foreign corporation; 16 (2) STAY CASE PENDING Defendant. COMPLETION OF 17 ARBITRATION 18 Defendant Floor & Decor Outlets of America, Inc., (“F&D” or “Defendant”) by and through 19 its counsel of record, the law firm of Jackson Lewis P.C., and Plaintiff Jake B. Finster (“Plaintiff”), 20 by and through his counsel of record, the law firm of Hatfield & Associates, Ltd. hereby stipulate 21 as follows: 22 1. Plaintiff and Defendant are party to an arbitration clause which requires that any and 23 all disputes between them be resolved through final, binding and private arbitration with JAMS (the 24 “Arbitration Clause”). 25 2. On June 24, 2024, Plaintiff filed the instant case in this Court. 26 3. Following discussions, the parties have agreed that all of Plaintiff’s claims against 27 1 || Arbitration Rules & Procedures. 2 4. Therefore, Plaintiff and Defendant stipulate and agree that: 3 a. The Arbitration Clause is valid and binding on the patties; 4 b. All of Plaintiff’s claims shall be submitted to and resolved by final, bindin, 5 and private arbitration in accordance with the Arbitration Clause; 6 c. Plaintiff shall initiate arbitration proceedings with JAMS within ten (10 7 days of the Court’s entry of this Stipulation as an Order, and; 8 d. This case shall be stayed in this Court pursuant to 9 U.S.C. § 3 pendin; 9 completion of arbitration. 10 5. Nothing in this Stipulation, nor the act of entering into this Stipulation, shall operat 11 || to or be construed as waiving, relinquishing, or otherwise impairing any claim, defense, argument 12 || or other right, of any Party hereto. Szanto v. Marina Marketplace 1, LLC, No. 3:11-cv-00394-RCJ 13 || VPC, 2013 U.S. Dist. LEXIS 168028, at *10 (D. Nev. Nov. 26, 2013). 14 Dated this 16th day of July, 2024. 15 || HATFIELD & ASSOCIATES, LTD. JACKSON LEWIS P.C. 16 /s/ Trevor J. Hatfield /s/ Katlyn M. Brady 17 || Trevor J. Hatfield, Esq. JOSHUA A. SLIKER, ESQ. Nevada Bar No. 7373 Nevada Bar No. 12493 18 || 703 South Eighth Street KATLYN M. BRADY, ESQ. Las Vegas, Nevada 89101 Nevada Bar No. 14173 19 300 S. Fourth Street, Suite 900 20 Attorney for Plaintiff Las Vegas, Nevada 89101 Attorneys for Defendant 21 22 ORDER 23 ||TT IS SO ORDERED. For administrative purposes, the Clerk of Court is kindly instructec purp 24 ||to stay the case. IT IS FURTHER ORDERED that the parties must file a joint status report informing the Court of the progress of the arbitration proceedings every 90 days. 25 Yj, 26 Ly, Lift 27 || United as District Judge 28 Date: Jtly 16, 2024