U.S. Equal Employment Opportunity Commission v. ABC Phones of North Carolina, Inc.

1 | ROBERTA L. STEELE, SBN 188198 (CA) MARCIA L. MITCHELL, SBN 18122 (WA) || MARIKO M. ASHLEY, SBN 311897 (CA) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION || San Francisco District Office Golden Gate Ave., 5" Floor West || P.O. Box 36025 San Francisco, CA 94102 || Telephone No. (650) 684-0943 Fax No. (415) 522-3425 | [email protected] || Attorneys for Plaintiff EEOC [Additional Counsel Listed on Signaure Block] 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA U.S. EQUAL EMPLOYMENT Case No. 3:24-cv-00444-MMD-CLB 13 OPPORTUNITY COMMISSION, ORDER GRANTING 14 Plaintiff, STIPULATED MOTION TO STAY 15 DISCOVERY Vv.

16 (SECOND REQUEST) ABC Phones of North Carolina, Inc. d/b/a 17 Victra 19 Defendant.

1 Per ECF No. 25, and ECF No. 30, Plaintiff U.S. Equal Employment Opportunity | Commission (“EEOC”) and Defendant ABC Phones of North Carolina, Inc. d/b/a Victra (“Victra”) | by and through their counsel (together, the “Parties”), submit this stipulation and respectfully | request an order to stay discovery for a period of 30 days, for a second time.

5 As reflected in ECF No. 25 and ECF No. 30, the Parties reached a tentative agreement to | resolve this matter on Tuesday, March 5, 2025, at the Early Neutral Evaluation before Magistrate | Judge Craig S. Denney.

8 The Parties appeared before Judge Craig S. Denney on April 3, 2025, for a status | conference regarding the March 5, 2025 Early Neutral Evaluation and the Parties’ progress with | negotiating the terms of an agreement. The Parties updated the Court and explained they need | additional time to continue those discussions. EEOC proposed another status conference in 30- || days to provide time to review the proposed agreement. ABC Phones agreed with that request, | and the Parties also agreed that a second 30-day stay of discovery would be appropriate to allow | the Parties to focus on the negotiations.

15 The Parties will appear before Judge Craig S. Denney on May 9, 2025 to provide a | further update on their negotiations.

17 This is the Parties’ second stipulation to stay discovery.

18 Good cause exists to stay discovery. Gibson v. MGM Resorts International, No. 2:23-cv- | 00140-MMD-DJA, 2023 WL 4455726, at *3 (D. Nev. July 11, 2023); see also Little v. City of | Seattle, 863 F.2d 681, 685 (9th Cir. 1988) (District courts have wide discretion in controlling | discovery, and rulings to stay discover will not be overturned unless there is a clear abuse of | discretion). A stay will promote judicial economy and efficiency by allowing the Parties to | continue their discussions and finalize a resolution in good faith without incurring undue burden | or expense.

25 All current discovery deadlines, including the deadline to submit an ESI Protocol (which | was March 21, 2025), EEOC’s deadline to respond to ABC Phones written discovery, and the || deadlines contained in the Second Discovery Plan and Proposed Scheduling Order (ECF No. 18) || be suspended during the pendency of the discovery stay. If the Parties are unable to agree upon || additional terms to resolve this matter, they will file a Third Discovery Plan and Proposed | Scheduling Order for the Court’s approval.

3 The Parties submit this stipulation in good faith and not for the purpose of delay or | prejudice to any party.

5 || Respectfully submitted, | Dated: April 7, 2025 BY: _/s/ Mariko Ashley 8 MARIKO ASHLEY 9 Senior Trial Attorney MARIKO M. ASHLEY, SBN 311897 (CA) 10 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 11 San Francisco District Office Golden Gate Ave., 5" Floor West | P.O. Box 36025 San Francisco, CA 94102 | Telephone No. (650) 684-0943 Fax No. (415) 522-3425 14 [email protected] 15 Attorneys for Plaintiff EEOC | BY: _4/Suzanne L. Martin SUZANNE L. MARTIN Suzanne L. Martin | Nevada Bar No. 8833 OGLETREE DEAKINS, NASH, SMOAK & STEWART, P.C.

19 | 10801 W. Charleston Blvd., Suite 500 Las Vegas, NV 89135 | Telephone: 702-369-6800 Fax: 702-369-6888 | Attorneys for Defendant, ABC Phones of North Carolina, Inc. d/b/a/ Victra 23 IT IS SO ORDERED.

25 UNITED STATES MAGISTRATE JUDGE 26 HON. C WIN DATED: April 8, 2025