U.S. Equal Employment Opportunity Commission v. DTG Las Vegas, LLC

1 TRAVIS F. CHANCE, ESQ., Nevada Bar No. 13800 [email protected] EMILY L. DYER, ESQ., Nevada Bar No. 14512 [email protected] BROWNSTEIN HYATT FARBER SCHRECK, LLP North City Parkway, Suite 1600 Las Vegas, Nevada 89106 Telephone: 702.382.2101 Facsimile: 702.382.8135 RICHARD ROSENBERG, ESQ. (admitted pro hac vice) [email protected] DAVID FISHMAN, ESQ. (admitted pro hac vice) [email protected] ALEXIS CIRKINYAN, ESQ. (admitted pro hac vice) [email protected] BALLARD ROSENBERG GOLPER & SAVITT, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA 91436 Telephone: 818.508.3700 Attorneys for Defendants DTG Las Vegas, LLC; Fifth Street Gaming, LLC; and DTG Las Vegas Manager, LLC dba Downtown Grand Hotel & Casino 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA U.S. EQUAL EMPLOYMENT CASE NO.: 2:23-cv-00510-APG-NJK OPPORTUNITY COMMISSION, Plaintiff, vs. FIRST AMENDED STIPULATION AND 20 ORDER TEMPORARILY STAYING DTG LAS VEGAS, LLC; FIFTH STREET ACTION PENDING MEDIATION GAMING, LLC; AND DTG LAS VEGAS MANAGER, LLC dba DOWNTOWN GRAND HOTEL & CASINO, and DOES 1- 10, inclusive, Defendants.

1 Plaintiff United States Equal Employment Opportunity Commission (“Plaintiff” or “EEOC”) and Defendants DTG Las Vegas, LLC, DTG Las Vegas Manager, LLC, and Fifth Street Gaming, LLC (collectively, “Defendants”)(Defendants and Plaintiffs collectively, “the Parties”), by and through their respective counsel of record, hereby stipulate and agree as follows: 5 1. On April 6, 2023, Plaintiff filed this Action for violations of the Americans with 6 Disabilities Act of 1990 (“ADA”), as amended by the ADA Amendments Act 7 (“ADAAA”) of 2008 (hereinafter the “ADA/ADAAA”). (ECF No. 1).

8 2. On July 3, 2023, Defendants collectively filed an Answer to the EEOC’s Complaint.

9 (ECF No. 14).

10 3. The Parties’ Discovery Plan/Scheduling Order is currently due on August 17, 2023.

11 (ECF No. 14). Thus, no discovery deadlines or date for trial has been set.

12 4. The Parties have scheduled private, in-person Mediation with Sonya D. Goodwin on 13 November 8, 2023.

14 5. The Parties have exchanged settlement information as part of settlement efforts in 15 advance of the scheduled Mediation with Ms. Goodwin, a significant amount of which 16 was not available or considered during the Parties’ prior conciliation efforts.

17 Additionally, current counsel for Defendants were not counsel of record at the time of 18 conciliation efforts. This change, along with the additional exchange of information adds 19 to a likelihood of success at mediation.

20 6. To allow the Parties time to participate in mediation, the Parties hereby stipulate and 21 agree that all court proceedings and deadlines, including the requirements of LR 26-1 22 and FRCP 26(a)(1), should be stayed for 120 days.

23 7. The Court has the power to stay proceedings as part of its inherent power “to control the 24 disposition of the causes on its docket with economy of time and effort for itself, for 25 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). In deciding 26 whether to grant a stay, a court may weigh the “competing interests of the parties and of 27 the Court.” Coker v. Dowd, No. 2:13-CV-0994-JCM-NJK, 2013 WL 12216682, at *1 1 possible damage which may result from the granting of a stay, the hardship or inequity 2 which a party may suffer in being required to go forward, and the orderly course of 3 justice measured in terms of the simplifying or complicating of issues, proof, and 4 questions of law which could be expected to result from a stay.” CMAX, Inc. v. Hall, 5 300 F.2d 265, 268 (9th Cir. 1962).

6 8. The Parties submit that the competing interests weigh in favor of a stay. A stay will 7 promote judicial economy and allow this Court to more effectively control the 8 disposition of the cases on its docket with economy of time and effort for itself, for 9 counsel, and the litigants. Given that this case is in its early stages and no deadlines or 10 trial date have been set further supports a stay to allow the Parties an opportunity to 11 resolve this case in mediation. Staying the case pending mediation will save the Parties 12 from having to incur additional, potentially unnecessary litigation costs.

13 9. This stipulation is entered in good faith, is reasonably necessary, and is not sought for 14 the purposes of delay.

15 10. This is the Parties’ second request to stay this proceeding.

16 11. The EEOC intends to file a status report regarding the status of the Parties’ mediation no 17 later than November 17, 2023.

18 // 19 // 22 The stipulation to stay is GRANTED in part.

This matter is stayed until November 15, 23 2023. A joint status report must be filed by that date.

IT IS SO ORDERED.

25 Dated: August 15, 2023

28 United States Magistrate Judge 2237091.3 1 IT IS SO STIPULATED.

4 DATED: August 11, 2023 DATED: August 11, 2023 BY: /s/ Taylor Markey BROWNSTEIN HYATT FARBER SCHRECK, LLP 6 BY: /s/ Taylor Markey 7 EEOC Assistant Regional Attorney Travis F. Chance, Esq., NV Bar No. 13800 [email protected] Attorney for Plaintiff Emily L. Dyer, Esq., NV Bar No. 14512 U.S. EQUAL EMPLOYMENT [email protected] OPPORTUNITY COMMISSION 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106 BY: /s/ David Fishman David Fishman, Esq. (admitted pro hac vice) 12 [email protected] Richard Rosenberg, Esq. (admitted pro hac 13 vice) [email protected] 14 Alexis Cirkinyan, Esq. (admitted pro hac vice) 15 [email protected] BALLARD ROSENBERG GOLPER & 16 SAVITT, LLP 15760 Ventura Boulevard, 18th Floor 17 Encino, CA 91436 18 Attorneys for Defendants DTG Las Vegas, LLC, Fifth Street Gaming, LLC, and DTG 19 Las Vegas Manager, LLC dba Downtown Grant Hotel & Casino