Falline v. CoreCivic of Tennessee, LLC

1 THIERMAN BUCK, LLP LITTLER MENDELSON, P.C.

Mark R. Thierman, Nev. Bar No. 8285 Roger L. Grandgenett II, Nev. Bar No. 6323 [email protected] [email protected] Joshua D. Buck, Nev. Bar No. 12187 Emil Kim, Nev. Bar No. 14894 [email protected] [email protected] Leah L. Jones, Nev. Bar No. 13161 3960 Howard Hughes Parkway, Suite 300 [email protected] Las Vegas, NV 89169.5937 Joshua R. Hendrickson, Nev. Bar 12225 Tel. (702) 862-8800 [email protected] Fax. (702) 862-8811 7287 Lakeside Drive Reno, Nevada 89511 Christian A. Angotti, admitted pro hac vice Tel. (775) 284-1500 [email protected] Fax. (775) 703-5027 Sean P. Dawson, admitted pro hac vice [email protected] HODGES & FOTY, LLP Robert W. Pritchard, admitted pro hac vice Don J. Foty Admitted Pro Hac Vice [email protected] [email protected] 625 Liberty Avenue, 26th floor 4409 Montrose Blvd., Ste. 200 Pittsburgh, PA 15222 Houston, TX, 77006 Tel. (412) 201-7628 Tel. (713) 523-0016 Fax. (412) 774-1957 Fax. (713) 523-0016 Attorneys for Defendant THE LAZZARO LAW FIRM, LLC Anthony J. Lazzaro, Admitted Pro Hac Vice [email protected] The Heritage Building, Ste. 250 34555 Chagrin Blvd. Moreland Hills, OH 44022 Tel. (216) 696-500 Fax. (216) 696-7005 NILGES DRAHER LLC Hans A. Nilges (Admitted Pro Hac Vice) [email protected] 7034 Braucher St., NW, Ste. B North Canton, OH 44720 Tel. (330) 470-4428 Fax. (330) 754-1430 Attorneys for Plaintiff and the Putative Class / / / / / / / / / 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA || MICHAEL FALLINE on behalf of himself | Case No.: 2:21-cv-01802-CDS-BNW and all others sumilarly situated, Plaintiff 5 STIPULATION TO EXTEND STAY 6 V. PENDING FURTHER SETTLEMENT DISCUSSIONS AND ORDER , || CORECIVIC OF TENNESSEE, LLC; and | THEREON DOES 1-50, 8 Defendant SECOND REQUEST ANTHONY TURNER on behalf of himself E 11 and all others similarly situated, 2s 12 Plaintiff > % Vv.

14 || CORECIVIC OF TENNESSEE, LLC; and 15 DOES 1-50, es Defendant c@ 16 & 18 The Parties in this case, Plaintiff MICHAEL FALLINE (“Plaintiff Falline”) by and || through his counsel of record, HODGES & FOTY LLP, THE LAZZARO LAW FIRM, LLC, || and NILGES DRAHER LLC, along with Plaintiff ANTHONY TURNER (“Plaintiff Tumer”) by || and through his counsel of record, THIERMAN BUCK, LLP, and Defendant CORECIVIC OF 22 TENNESSEE, LLC (“CoreCivic”), by and through their counsel of record, LITTLER || MENDELSON, P.C., hereby request and stipulate an extension of the Stay in these related cases |! ordered in Case No. 2:22-cv-00775 (“Turner Case”) at ECF No. 36, pending further settlement || discussions (“Stay”)!. This is the Parties’ second request to extend the original Stay (ECF No. 30,) □ — On July 21, 2022, Plaintiff Michael Falline and Plaintiff Anthony Tumer filed and the Court granted an Unopposed Motion to Consolidate and Transfer their two similar actions against _ 2 _ STIPULATION TO EXTEND STAY PENDING FURTHER SETTLEMENT DISCUSSIONS AND 1 The purpose of the Stay is to promote judicial economy and allow this court to more effectively control the disposition of the cases on its docket with economy of time and effort for itself, for counsel, and the litigants. See Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) (“[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.”); Pate v. DePay Orthopedics, Inc., 2012 WL 3532780, at * 2 (D. Nev. Aug. 14, 2012) (“A trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it, pending resolution of independent proceedings which bear upon the case.”), citing Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 10 857, 863 (9th Cir. 1979).

The Parties participated in mediation on October 11, 2022, with Mediator Carole Katz in an attempt to resolve all claims in this action. At the conclusion of the mediation session on October 11, 2022, the Parties agreed to keep the mediation open and continue engaging in meaningful dialogue and to continue to explore the possibility of early resolution through negotiation communications through the Holidays and into the New Year. Therefore, and in light of the Parties’ efforts to continue negotiations, the Parties request an additional thirty(30) calendar days from the date of entry of the [proposed] Order to continue settlement negotiations (“Stay period”). Accordingly, upon the expiration of the extended Stay period: 20 1)Should the Parties reach a settlement, the Parties shall file their motion for approval of the settlement by no later than the date of expiration of the Stay.

22 2)Should the Parties be unsuccessful at resolving all claims, the Parties shall set forth an updated proposed discovery plan and scheduling order.

Defendant CoreCivic of Tennessee, LLC (“CoreCivic”). See Case No. 2:21-cv-01802 (“Falline Case”) ECF No. 32-33, and Case No. 2:22-cv-00775 (“Turner Case”) ECF No. 23; 27.

27 Accordingly, the Court designated Plaintiff Falline’s case as the lead case for purposes of the consolidation. See Falline Case ECF No. 33. The Court also ordered that “all future filings in these cases shall be filed in the lead case.” Id. 2 This Stipulation is made in good faith and not for the purposes of undue burden or delay.

3 IT IS SO STIPULATED: Dated this 9th day of January 2023 Dated this 9th day of January 2023 THIERMAN BUCK, LLP LITTLER MENDELSON, P.C.

8 /s/Leah L. Jones /s/Christian A. Angotti Mark R. Thierman, No. 8285 Roger L. Grandgenett II, Bar No. 6323 Joshua D. Buck, No. 12187 Emil Kim, Nev. Bar No. 14894 3960 Howard Hughes Parkway, Suite 300 Leah L. Jones, No. 13161 Las Vegas, NV 89169.5937 Joshua R. Hendrickson, No. 12225 7287 Lakeside Drive Christian A. Angotti, admitted pro hac vice Reno, Nevada 89511 Sean P. Dawson, admitted pro hac vice 12 Robert W. Pritchard, admitted pro hac vice Liberty Avenue, 26th Floor H DO onD JG . FE oS t y& A F dO mT itY te, d L PL rP o Hac Vice Pittsburgh, PA 15222 4 H4 o0 u9 s tM ono , n Ttr Xo ,s e 7 7B 0l 0v 6d ., Ste. 200 Attorneys for Defendant .

15 THE LAZZARO LAW FIRM, LLC Anthony J. Lazzaro, Admitted Pro Hac Vice The Heritage Building, Ste. 250 34555 Chagrin Blvd. Moreland Hills, OH 44022 NILGES DRAHER LLC Hans A. Nilges (Admitted Pro Hac Vice) 7034 Braucher St., NW, Ste. B North Canton, OH 44720 Attorneys for Plaintiff and the Putative Class 1 ORDER 2 IT IS HEREBY ORDERED that the Parties’ Stipulation and Order to extend the Stay || for thirty (30) calendar days in the above-captioned matter is granted.

4 IT IS FURTHER ORDERED that the Parties will submit a Joint Status Report no later ||than thirty (30) calendar days from the entry of this Order to inform the Court if the Parties have © ||come to an early resolution.

7 1) Should the Parties reach a settlement, the Parties shall file their motion for approval of the settlement by no later than the date of expiration of the stay.

9 . . . .

2) Should the Parties be unsuccessful at resolving all claims, the Parties shall set forth an ~ 2 updated proposed discovery plan and scheduling order. ll sé ITISSOO D: z 13 / g 3% 14 B15 A — 16 STATES DISTRICT JUDGE = 17 Dated: _January 10, 2023 a 18 -45 - STIPULATION TO EXTEND STAY PENDING FURTHER SETTLEMENT DISCUSSIONS AND