1

2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7

8 SABRINA HALL, et al., Case No. 2:22-cv-01817-RFB-EJY

9 Plaintiff(s), Order 10 v.

11 ABJ GROUP ENTERPRISES LLC, et al., 12 Defendant(s). 13 The early neutral evaluation program is not designed to stay litigation. Cf. Williams v. 14 James River Grp. Inc.,

, 1181 (D. Nev. 2022) (alternative dispute resolution 15 and settlement discussions are an ordinary aspect of federal litigation and do not generally justify 16 delay of case). To the contrary, a successful early neutral evaluation generally requires that 17 litigation has progressed to some extent through the initial phase of the case. Preparation for the 18 early neutral evaluation generally requires, inter alia, the exchange of initial disclosures and a 19 computation of damages. See Local Rule 16-6(f)(1)(H). Such disclosures are particularly key in 20 an evaluation of an employment dispute, given the need to understand and explore the basis for 21 (1) a plaintiff’s theories of the case and claimed damages and (2) a defendant’s justifications for 22 its employment actions. Cf. McDonnell Douglas Corp. v. Green,

(1973). 23 In this case, the early neutral evaluation has already been continued for months because the 24 preliminary steps of litigation have not been taken, including specifically “the exchange of initial 25 disclosures.” Docket No. 21 at 1; see also Docket No. 16. Although the early neutral evaluation 26 is now just two days off, Defendants have still not served their initial disclosures and have no 27 intention of doing so before the early neutral evaluation. See Docket No. 35. Accordingly, the 28 Court declines to hold the early neutral evaluation on July 21, 2023. Docket No. 21. Given the 1} circumstances of this case, the Court also declines to hold an early neutral evaluation at all in this matter. See Local Rule 16-6(c) (“The evaluating magistrate judge . .. may exempt any case from 3] early neutral evaluation on the judge’s own motion. These orders are not appealable’’). 4 Accordingly, the early neutral evaluation is VACATED. The Clerk’s Office is 5] INSTRUCTED to remove the early neutral evaluation flag from this case and to remove the 6] undersigned from this case. 7 IT IS SO ORDERED. 8 Dated: July 19, 2023 A. Nancy\J, “op ne 10 United Statés Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28