1 DEVERIE J. CHRISTENSEN, ESQ. Nevada State Bar No. 6596 2 KIRSTEN A. MILTON, ESQ. Nevada State Bar No. 14401 3 JACKSON LEWIS P.C. 4 300 S. Fourth Street, Suite 900 Las Vegas, Nevada 89101 5 Tel: (702) 921-2460 Fax: (702) 921-2461 6 Email: [email protected] Email: [email protected] 7

8 Attorneys for Defendants Wood Residential, LLC, Wood Partners, LLC, and Wood Real Estate 9 Investors, LLC

10 UNITED STATES DISTRICT COURT

11 DISTRICT OF NEVADA

12 VANESSA NELSON Case No. 2:24-cv-00419-ART-BNW

13 Plaintiff, STIPULATION TO STAY DISCOVERY 14 AND VACATE SETTLEMENT vs. CONFERENCE 15 WOOD RESIDENTIAL, LLC; WOOD 16 PARTNERS, LLC; WOOD REAL ESTATE (FIRST REQUEST) INVESTORS, LLC; and DOES 1-50, 17 inclusive, 18 Defendants. 19 20 Plaintiff Vanessa Nelson (“Plaintiff”), by and through her counsel, Rafii & Associates, P.C., 21 and Defendants Wood Residential, LLC, Wood Partners, LLC and Wood Real Estate Investors, 22 LLC (“Defendants”), by and through their counsel, Jackson Lewis, P.C., hereby stipulate and agree 23 to (1) stay discovery to March 24, 2025 pending completion of private mediation and (2) vacate 24 the settlement conference scheduled on January 29, 2025. 25 1. Plaintiff asserts twelve causes of action in this case. Plaintiff asserts class action 26 claims for failure to pay overtime in violation of NRS 608.018; failure to pay wages for each hour 27 worked in violation of NRS 608.016; and failure to timely pay all wages due and owing in violation 1 in violation of the FLSA and individual claims for age discrimination, national origin 2 discrimination, hostile work environment harassment, retaliation under Nevada law, retaliation 3 under the FLSA, wrongful termination, intentional infliction of emotional distress, and negligent 4 infliction of emotional distress. ECF No. 1-5. 5 2. The parties are scheduled to participate in a Settlement Conference for one day on 6 January 29, 2025, through the Court. See ECF No. 49. 7 3. However, given the number, nature, and complexity of Plaintiff’s claims, 8 particularly as to the class claims, the Parties believe private mediation will better facilitate 9 resolution as the parties will have greater flexibility to schedule mediation for additional days if 10 necessary. 11 4. The parties have scheduled private mediation through JAMS with the Honorable 12 Retired Judge Peggy Leen, at JAMS, on January 24, 2025, beginning at 9:00am. 13 5. In order to conserve their respective resources and focus their efforts on securing a 14 resolution at private mediation, and if reaching a settlement time to prepare necessary written 15 documents and filings, the Parties have agreed to stay discovery until March 24, 2025 and request 16 the Court grant the stay and also vacate the settlement conference scheduled for January 29, 2025. 17 6. Courts have broad discretionary power to control discovery. Little v. City of Seattle, 18

(9th Cir. 1988). When deciding whether to grant a stay of discovery, a court is 19 guided by the objectives of FRCP 1 that ensures a “just, speedy, and inexpensive determination of 20 every action.”

Courts evaluating the propriety of a stay have cautioned against the use of 21 resources that may be rendered unnecessary, noting the simple, but accurate principle: “Discovery 22 is expensive.” Tradebay, LLC v. eBay, Inc.,

(D. Nev. 2011). It is in light of the 23 mandate of FRCP 1 for which the parties seek a stay of discovery. 24 7. The parties make the identified request in good faith and not to unduly delay the 25 final disposition of this matter. The parties believe that the requested stay would preserve judicial 26 resources in this matter. 27 8. Following the private mediation, the Parties will file a Joint Status Report no later than February 15, 2025, to advise the Court if a settlement was reached and the timing necessary to 1 || complete settlement documents prior to dismissal. 2 9. If a resolution is not reached, Defendants will submit their respective responses t 3 || Plaintiff's Complaint by March 25, 2025, the day after the stay expires. 4 10. This stipulation and order is sought in good faith and not for the purpose of delay. 5 11. The Parties are not waiving, relinquishing, or otherwise impairing any claim 6 || defense, argument, or other right they may have by virtue of entering into this Stipulation. Se 7 || Szanto v. Marina Marketplace 1, LLC, No. 3:11-cv-00394-RCJ-VPC, 2013 U.S. Dist. LEXI! 8 || 168028, at *10 (D. Nev. Nov. 26, 2013). 9 12. This is the first request for a stay pending completion of private mediation. 10 Dated this 23rd day of December, 2024. 11 || RAFII & ASSOCIATES, P.C. JACKSON LEWIS P.C. 12 || /s/Roberto Montes, Jr. /s/ Deverie J. Christensen Jason Kuller, Esq., Bar No. 1224 Deverie J. Christensen, Esq., Bar No. 6596 13 || Roberto Montes, Jr., Esq., (Pro Hac Kirsten A. Milton, Esq., Bar No. 14401 14 Vice) 300 S. Fourth Street, Suite 900 1120 N. Town Center Drive, Suite 130 Las Vegas, Nevada 89101 15 || Las Vegas, Nevada 89144 Attorneys for Defendants Attorneys for Plaintiff 16 M7 ORDER 18 IT IS SO ORDERED: 19 20 □□ gr la United States District Court Judge / United States Magistrate Judge 22 Dated: 12/30/2024 — 23 24 25 26 27 28