1 Kelly Kichline, Nevada Bar No. 10642 2 MGM RESORTS INTERNATIONAL 6385 S. Rainbow Blvd. Suite 500 3 Las Vegas, NV 89118 Telephone: (702) 692- 1937 4 Telephone: (702) 692- 5651 Fax No.: (702) 669-4501 5 Email: [email protected] 6 [email protected]

7 Attorneys for Defendants, 8 Bellagio, LLC and MGM Resorts International UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 DIANA HOLMES, Case No.: 2:20-cv-576-RFB-BNW

12 Plaintiff, STIPULATION AND ORDER TO 13 vs. TEMPORARILY STAY ALL PROCEEDINGS EXCEPT FOR AUGUST 4, 14 2020 EARLY NEUTRAL EVALUATION BELLAGIO, LLC, a Nevada limited liability CONFERENCE company; MGM RESORTS 15 INTERNATIONAL, a foreign corporation; et (First Request) 16 al.,

17 Defendants. 18 Plaintiff Diana Holmes (“Plaintiff”) and Defendants Bellagio, LLC (“Bellagio”) and MGM 19 Resorts International (“MGMRI”) (collectively, “Defendants”), by and through their counsel of record, 20 jointly request that this action be stayed in its entirety – except for the presently-scheduled Early 21 Neutral Evaluation conference (“ENE”) – for forty eight (48) days, until August 5, 2020, which is one 22 day after the ENE scheduled for August 4, 2020. This Stipulation is submitted and based upon ongoing 23 public health and safety issues caused by COVID-19, which are stated more specifically below. 24 I. STATEMENT OF FACTS 25 A. Procedural History of This Case. 26 Plaintiff’s Complaint was filed on March 6, 2020 and served on Defendants on March 17, 27 2020. Bellagio removed this case to Federal Court on March 23, 2020. (ECF No. 1). A Scheduling 28 1 Order was established on April 29, 2020. (ECF No. 19). Defendants submitted early dispositive motions 2 on May 1, 2020. (ECF Nos. 21, 22). Plaintiff subsequently filed a First Amended Complaint on May 3 22, 2020. (ECF No. 30). Defendants’ deadline to answer or otherwise respond to Plaintiff’s First 4 Amended Complaint is currently set for June 19, 2020. (ECF No. 34). 5 B. State-Wide and National Events Supporting Temporary Stay 6 On March 11, 2020, the World Health Organization (“WHO”) publicly characterized the 7 Coronavirus (COVID-19) as a pandemic. https://www.who.int/dg/speeches/detail/who-director- 8 general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020. On March 12, 2020, 9 Governor Steve Sisolak issued a Declaration of Emergency for the State of Nevada. See 10 http://gov.nv.gov/uploadedFiles/govnewnvgov/Content/News/Press/2020/Declaration 11 %20of%20_Emergency%20re%20COVID.pdf. 12 On March 18, 2020, Governor Sisolak ordered all gaming establishments, including Bellagio, 13 to close until at least April 16, 2020. See COVID-19 Declaration of Emergency Directive 002, 14 http://gov.nv.gov/News/Emergency_Orders/2020/2020-03-18_-_COVID-19_Declaration_of_ 15 Emergency_Directive_002/. 16 Governor Sisolak’s order was extended several times until May 9, 2020, when Governor 17 Sisolak approved Phase One of the Nevada United: Roadmap to Recovery Plan. 18 http://gov.nv.gov/News/Emergency_Orders/2020/2020-05-07_-_COVID- 19 19_Declaration_of_Emergency_Directive_018_-_Phase_One_Reopening_(Attachments)/ 20 On May 22, 2020, Plaintiff filed an Amended Complaint (ECF No. 30). 21 On May 29, 2020, the State of Nevada entered Phase Two of the Nevada United: Roadmap to 22 Recover Plan, allowing Defendants to resume limited operations of their respective properties on June 23 4, 2020. http://gov.nv.gov/News/Emergency_Orders/2020/2020-05-28_-_COVID- 24 19_Declaration_of_Emergency_Directive_021_-_Phase_Two_Reopening_Plan_(Attachments)/. 25 On June 1, 2020, this Court entered its Order granting the Parties’ stipulation to extend the 26 tim e for Defendants to file their responsive pleading s until Ju ne 19, 2020. (ECF No. 34).

27 On June 15, 2020, Governor Sisolak ann ounced during a press conference that, due to an

28 1 upward trend in new COVID-19 cases, there is no timeline for advancing into Phase Three and further 2 lifting of existing restrictions. https://lasvegassun.com/news/2020/jun/15/sisolak-extends-phase-2- 3 protocols-study-virus-data/. 4 The Parties have exchanged Initial Disclosures. However, the Parties have been, and are 5 currently unable to, otherwise participate meaningfully in discovery. Although Bellagio has begun a 6 limited resumption of operations, it continues to operate at a reduced capacity in order to monitor, 7 preempt, and navigate ongoing health and safety issue caused by COVID-19. Further, this has caused 8 key personnel to be unavailable to participate in this matter due to urgent issues caused by COVID-19 9 and efforts to resume operations in a safe manner. 10 II. LEGAL STANDARD 11 “District courts have discretion to stay the proceedings before them in light of their inherent 12 power to control their own dockets and promote judicial economy.” Robben v. Carson City, No. 3:13- 13 cv-0438-RFB-VPC,

, at *2-3 (D. Nev. Apr. 19, 2016) citing Lockyer v. 14 Mirant Corp.,

(9th Cir. 2005); Landis v. North Am. Co.,

(1936). 15 Although stays are disfavored, a stay may be granted when the request is for a limited duration, with a 16 defined end point, and the risk of harm to another party is absent. Dependable Highway Express, Inc. 17 v. Navigators Ins. Co.,

(9th Cir. 2007). This is a joint stipulation by the parties 18 and, therefore, no prejudice to any party will result from the granting of the stay requested. 19 Navigating the COVID-10 local, national, and global public health emergency has imposed a 20 massive drain upon Bellagio and MGMRI’s resources. This unprecedented disruption in Bellagio and 21 MGMRI’s business, and the unavailability of witnesses and documents due to the recent temporary 22 closure and current limited operations of both entities will significantly infringe on their ability to 23 “meaningfully participate in the discovery process,” which is grounds to stay proceedings. Sears v. 24 Russell Rd. Food & Bev., No. 2:19-cv-01091-APG-NJK,

, at *4 (D. Nev.

, 2020); Parkway Gallery Furniture, Inc. v. Kittinger/Pennsylvania House Group, Inc., 116 26 F.R .D. 363, 365-66 (M.D.N.C. 1987) (“Good cause” shown when there are “extenuating

27 cir cumstances.”); Johnson v. Mammoth Recreation s,

(9th Cir. 1992).

28 1 III. STIPULATION AND REQUESTED ORDER 2 The undersigned counsel certify and represent that this request for a stay is submitted in good 3 faith and is not intended to cause unnecessary burden or delay. This is the first request for a stay of 4 proceedings. For good cause shown, the Parties jointly request this Court to: 5 1. Stay discovery and, except for the August 4, 2020 ENE, stay all proceedings in this case 6 for a period of forty eight (48) days, until August 5, 2020, which is one day after the ENE. This 7 temporary stay will allow the parties to preserve resources and meaningfully participate in the ENE on 8 August 4, 2020. Should circumstances change such that a shorter or a longer stay is appropriate, the 9 parties will immediately and jointly notify the Court. 10 2. If the matter is not resolved before or at the August 4, 2020 ENE, on August 5, 2020 11 the Parties will submit a joint status report to the Court with proposed revised discovery and scheduling 12 deadlines in the case. 13 3. If the matter is not resolved before or at the August 4, 2020 ENE, Defendants’ 14 responsive pleadings will be due 14 days after the stay is lifted (i.e., if the stay is lifted on August 5, 15 2020, Defendants’ responsive pleadings will be due on August 19, 2020). 16 4. Should an additional stay be necessary because of exigent circumstances relating to 17 /// 18 /// 19 /// 20 21 22 23 24 25 26

27

28 1 | COVID-19, the Parties will submit a status report explaining the circumstances and any additional 2 || time need for stay of this action. 3 | Dated: June 18, 2020 4+ | JONES LOVELOCK BELLAGIO, LLC 5 By: /s/Nicole Lovelock By: /s/Kelly Kichline 6 Nicole E. Lovelock, Esq. Kelly Kichline, Esq. 7 | JONES LOVELOCK MGM RESORTS INTERNATIONAL 6675 S. Tenaya Way, Suite 200 6385 S. Rainbow Blvd., Suite 500 8 | Las Vegas, Nevada 89113 Las Vegas, NV 89118 9 Attorneys for Plaintiff Attorneys for Defendants Diana Holmes Bellagio, LLC and MGM Resorts International 10 11 12 13 ORDER 14 ITISSO ORDERED: 1S RICHARD As WARE II 16 UNITED STATES DISTRICT JUDGE 17 DATED this 22nd day of June, 2020. 18 19 20 21 22 23 24 25 26 27 28