Williams v. Sisolak

1 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: [email protected] DEANNA L. FORBUSH* Nevada Bar No. 6646 FOX ROTHSCHILD LLP 1980 Festival Plaza Dr. Ste. 700 Las Vegas, Nevada 89135 T: 702-262-6899 F: 702-597-5503 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA ANGELA WILLIAMS; JANE DOE #1; Case No.: 2:21-cv-01676 -APG-VCF JANE DOE #2, 15 Honorable: Andrew P. Gordon Plaintiffs, v. 17 STIPULATION AND [PROPOSED] STEVE SISOLAK, Governor of Nevada, ORDER TO ABATE ALL OF in his official capacity; AARON FORD, DEFENDANT LAS VEGAS BISTRO Attorney General of Nevada, in his official LLC’S APPLICABLE DEADLINES capacity; THE CITY OF LAS VEGAS; UNTIL SUCH A TIME AS THIS COURT CLARK COUNTY; NYE COUNTY; ISSUES AN ORDER ON PLAINTIFFS’ WESTERN BEST, INC. D/B/A CHICKEN MOTION FOR PROTECTIVE ORDER RANCH; WESTERN BEST LLC; JAMAL (DOC. 50) AND RESET THEM RASHID; MALLY MALL MUSIC, LLC; ACCORDINGLY FUTURE MUSIC, LLC; PF SOCIAL MEDIA MANAGEMENT, LLC; E.P. SANCTUARY; BLUE MAGIC MUSIC, LLC; EXCLUSIVE BEAUTY LOUNGE, (FIRST REQUEST) LLC; FIRST INVESTMENT PROPERTY, LLC; V.I.P. ENTERTAINMENT, LLC; MP3 PRODUCTIONS, INC.; MMM PRODUCTIONS, INC.; 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, 4 Defendants COMES NOW Defendant Las Vegas Bistro, LLC, by and through its counsel of record, and Plaintiffs Angela Williams; Jane Doe #1; and Jane Doe #2 (collectively, with Defendant, the “Parties”), by and through her counsel Jason D. Guinasso, hereby stipulate and agree to the following: 10 1. Plaintiff filed her First Amended Complaint (the “FAC”) on November 10, 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 December 27, 2021.

15 3. The deadline for Defendant to file its initial disclosures pursuant to Fed. R. Civ. P. 26 is December 30, 2021. [Doc. 93].

17 4. In order to assess the claims against Defendant, Defendant requires certain identifying information from Plaintiff Jane Doe # 2 in order to access Defendants’ records. Plaintiffs do not wish to disclose Jane Doe # 2’s identifying information absent a protective order; however, this Court has not yet ruled on Plaintiffs’ Motion for Protective Order. [Doc. 50]. The Parties briefly discussed entering into a temporary protective order; however, Plaintiffs determined they were unable to disclose Jane Doe # 2’s identity until such a time as they are able to explain their concerns regarding the disclosure of Jane Doe # 2’s identity at the hearing on their Motion for Protective Order, [Doc. 50], directly to the Court.

26 5. Defendant maintains extensive records or all of its employees and the entertainers who perform on its premises. These records can be accessed by a number of different queries including by name, social security number, employee and/or dancer identification number, date of birth, and email address. The most reliable way of accessing these records are by the last four of a social security number and the individual’s name. All employees and entertainers who perform on Defendant’s premises enter into binding arbitration agreements with Defendant. Further, all 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 premises. [FAC, Doc. 49, at ¶¶ 275, 278, 305]. Without some identifying information for Jane Doe # 2, Defendant cannot assess whether Jane Doe # 2 actually performed on Defendant’s premises or whether, if she did in fact perform on Defendant’s premises, her claims would be subject to arbitration.

12 6. Defendant does not wish to take any actions that could be construed as inconsistent with the right to arbitrate. , Newirth by & through Newirth v. Aegis 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 claims and locate her arbitration agreement with Defendant in the event she did perform on its premises; because Bistro does not wish to waive its right to arbitrate, given that Bistro has already engaged in scheduling conferences, by filing dispositive motions, joining in dispositive motions, and/or engaging in discovery by serving its initial disclosures under Fed. R. Civ. P. 26, Defendant Las Vegas Bistro, LLC requests, and Plaintiffs agree to, abate all deadlines applicable to Defendant Las Vegas Bistro, LLC and reset those deadlines that have accrued as of the of this Court’s entry of its final order on Plaintiffs’ Motion for Protective Order, [Doc. 50], to twenty-one (21) days following entry of said order. The Parties request all remaining deadlines be governed 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 Vegas Bistro, LLC and Plaintiffs Angela Williams; Jane Doe #1; and Jane Doe #2, through their undersigned counsel, that all deadlines applicable to Defendant Las Vegas Bistro, LLC are abated and those deadlines that, as of the date of this Court’s entry of its final order on Plaintiffs’ Motion for Protective Order, [Doc. 50], have accrued are hereby reset as due on or before twenty-one (21) days after this Court’s entry of its final Order on Plaintiffs’ Motion for Protective Order, [Doc. 50]. All remain deadlines shall be governed by the applicable Federal Rules, this Court’s Local rules, and/or this Court’s Orders.

9 Dated: December 28, 2021 Respectfully Submitted, Jason D. Guinasso, Esq. Zachary M. Youngsma Nevada Bar No. 8478 Nevada Bar No. 15680 500 Damonte Ranch Parkway, Suite 980 Shafer & Associates, P.C.

Reno, Nevada 89521 3800 Capital City Blvd., Ste. 2 T: 775-853-8746 Lansing, MI 48906 E: [email protected] T: 517-886-6560 14 F: 517-886-6565 E: [email protected] 1 ORDER 2 IT IS SO ORDERED as follows: all applicable deadlines for Defendant Las Vegas || Bistro, LLC are hereby abated. Those deadlines that, as of the date of this Court’s entry ll of its final order on Plaintiffs’ Motion for Protective Order, [Doc. 50], have accrued are || hereby reset as due on or before twenty-one (21) days after this Court’s entry of its final || Order on Plaintiffs’ Motion for Protective Order, [Doc. 50]. All remain deadlines shall be governed by the applicable Federal Rules, this Court’s Local rules, and/or this Court’s || Orders.

9 Dated this 28thy of December 2021 . am 12 — 3 UNITED STATES MAGISTRATE JUDGE 28 -5- STIPULATION AND [PROPOSED] ORDER TO ABATE ALL OF DEFENDANT LAS VEGAS BISTRO 1 CERTIFICATE OF SERVICE I hereby certify that on December 28, 2021, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all counsel of record.

Zachary M. Youngsma 7 Nevada Bar No. 15680 SHAFER & ASSOCIATES, P.C.