Isaac v. Forcillo

1 MICHAEL C. HETEY, ESQ.

Nevada Bar No. 5668 PHILIP GOODHART, ESQ.

Nevada Bar NO. 5332 THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER 1100 East Bridger Avenue Las Vegas, NV 89101-5315 Tel.: (702) 366-0622 Fax: (702) 366-0327 [email protected] [email protected] Attorneys for Defendants, WERNER ENTERPRISES, INC. and NICOLAS FORCILLO 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA DARLENE ISAAC; and HAROLD ROLAND HOWMAN, JR., CASE NO. 2:19-CV-01452-KJD-DJA Plaintiffs, 14 STIPULATION TO CONTINUE vs. TRIAL AND NOTICE TO THE 15 COURT OF BINDING NICOLAS FORCILLO, an individual, ARBITRATION WERNER ENTERPRISES, INC., a foreign corporation, DOES I through X, inclusive; and/or ROE CORPORATIONS I through X, inclusive Defendants.

The parties submit this Stipulation to Continue Trial and Notice to the Court that they have reached an agreement to pursue a Binding Arbitration in this matter, and therefore request the Trial be continued and vacated. The Parties are in the process of preparing a Binding Arbitration Agreement and following the completion of the Binding Arbitration Process, the Parties will submit a stipulation for dismissal of the action with prejudice to the Court. As such, the parties’ respectfully request the Court remove this case from the Matter Trial Calendar || Scheduling Conference on November 14, 2022 at 2:00 p.m. and vacate the December 5, 202 || trial.

3 As a byproduct of the agreement to resolve the pending litigation by Binding Arbitration, || the Parties will be filing Notices with the Court regarding the withdrawal of the pending Motion ||m1 Limine recently filed by Plaintiffs and Defendants. Should the Court require additiona || information regarding the pending Binding Arbitration, the Parties will provide responses as || requested.

8 |] Dated this 9th day of November 2022. Dated this 9th day of November 2022.

H&P LAW THORNDAL ARMSTRONG DELK 10 BALKENBUSH & EISINGER " /s/ Marjorie L. Hauf /s/ Michael C. Hetey || MARJORIE L. HAUF, ESQ. MICHAEL C. HETEY, ESQ.

Nevada Bar No. 8111 Nevada Bar No. 5668 || MATTHEW G. PFAU, ESQ. PHILIP GOODHART, ESQ.

44 Nevada Bar No. 11439 Nevada Bar NO. 5332 710 South 9" Street 1100 East Bridger Avenue || Las Vegas, Nevada 89101 Las Vegas, Nevada 89101 Attorneys for Plaintiffs, Attorneys for Defendants, || DARLENE ISAAC and WERNER ENTERPRISES, INC. and || HAROLD ROLAND HOWMAN, JR. NICOLAS FORCILLO IT IS SO ORDERED: * || KENT J. DAWSON 23 United States District Judge DATE: _ 11/9/2022