Jason Kuller, NV Bar No. 12244 Rachel Mariner, NV Bar No. 16728 9 || RAFIL & ASSOCIATES, P.C. 1120 N. Town Center Dr., Ste. 130 || Las Vegas, Nevada 89144 Phone: 725.245.6056 Fax: 725.220.1802 [email protected] 5 [email protected] 6 || Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA a 10 KIMBERLY HILL, an individual, on behalf | Case No. 2:25-cv-00788-GMN-DJA of herself and all others similarly situated, ~2

11 Z Plaintiff, JOINT STIPULATION TO STAY 12 DISCOVERY AND CASE DEADLINES v. PENDING DEFENDANTS’ MOTION TO 13 DISMISS [ECF NO. 12] a 14 TAKE A BREAK TRAVEL, LLC, a foreign limited liability company, and DOES 1-50, (FIRST REQUEST) 4 15|| inclusive,

Defendants 17

18 19 20 Plaintiff Kimberly Hill, on behalf of herself and all others similarly situated (“Plaintiff”), anc Defendant Take A Break Travel, LLC (“Defendants”) (collectively the “Parties”), by and through 22 || her undersigned counsel, hereby stipulate and agree to stay all discovery and case deadlines pending 23 || resolution of Defendants’ Motion to Dismiss (ECF No. 12) (“Dismissal Motion” or “Motion”). This 24|| Joint Stipulation is made and entered into based on the following terms, conditions, anc 25 || understandings: 26 1. Plaintiffs First Amended Complaint (ECF No. 4) (“FAC”) was filed on May 7, 2025 Defendants’ Dismissal Motion (ECF No. 12) was filed on July 1, 2025. Plaintiff's response (ECF 28 || No. 14) was filed on July 23, 2025, and Defendant’s reply (ECF No. 15) was filed on July 23, 2025

1 2. Plaintiff's response was originally due to be filed on July 16, 2025, but due to the 2|| onset of a recurring and disabling health condition, Plaintiff's counsel was unable to complete the 3 || response until July 23, 2025. Plaintiff has filed an Unopposed Motion to Extend Time to permit the 4|| late filing, which is unopposed by Defendants. See ECF No. 16. 5 3. Due to the health issues of Plaintiff's counsel and other scheduling conflicts, the Parties were unable to hold their Rule 26(f) conference until August 15, 2025. Plaintiff prepared < 7|| draft Discovery Plan and Scheduling Order (“DPSO”) for the Parties to discuss. 8 4. At the Rule 26(f) conference, the Parties immediately encountered the issue □□ 9 || Defendant’s pending Dismissal Motion and Plaintiffs imminent motion for conditional certificatior = on her FLSA collective action claims. This led the Parties to discuss the best way to proceed with this litigation to maximize judicial efficiency, conserve party resources, and minimize potential 12}| prejudice. For the first time, the Parties discussed staying discovery and case deadlines pending resolution of Defendant’s Dismissal Motion. The Parties also discussed tolling the claims ot 8 14}| Plaintiff and putative class or collective action members (collectively “Putative Members”) during the pendency of the Motion. 5. Pursuant to this Joint Stipulation, the Parties desire to avoid the time and expense of negotiating and observing discovery deadlines, including filing a comprehensive DPSO, before the 18}| pleadings and parties are resolved by Defendants’ pending Dismissal Motion. Submission of □ 19}|DPSO to commence discovery before the parties and pleadings are resolved would cause 20 || unnecessary expense to the Parties, particularly because this is a class and collective action that may 21|| crowd the Court’s docket with potentially unnecessary discovery disputes and motion practice. including Plaintiffs motion to circulate notice pursuant to

(b) — 7.e., motion fot 23 || FLSA conditional certification. 24 6. Consistent with the foregoing, the Parties agree they will be in a better position tc 25 || discuss the necessary scope of discovery that will be needed, as well as the amount of time necessary 26 || for both sides to gather evidence, after Defendants’ pending Dismissal Motion is resolved. 27 7. It is well recognized that “[c]ourts have broad discretion in managing their dockets.’ 28 || Byars v. Western Best, LLC, No. 2:19-CV-1690-JCM-DJA,

, at *1 (D. Nev. Jul

6, 2020) (citing Clinton v. Jones,

(1997)). In exercising such discretion 2|| “courts are guided by the goals of securing the just, speedy, and inexpensive resolution of actions.’ 3 || Id.; see also Fed. R. Civ. P. 1. The Parties agree that good cause exists to stay discovery and all case 4|| deadlines between Plaintiff and Defendants since resolution of the pending Dismissal Motion may 5|| dispose of Plaintiff's claims against Defendants or otherwise require amending Plaintiffs claims 6|| including Plaintiff's class or collective claims. See Schrader v. Wynn Las Vegas, LLC, No. 2:19- 7 || cv-02159-JCM-BNW,

, at *4 (D. Nev. Oct. 14, 2021); Aristocrat Techs., Inc. v. 8 || Light & Wonder, Inc., No. 2:24-CV-00382-GMN-MDC,

, at *1 (D. Nev. May 21, 2024). = 10 8. Depending on how the Court rules on the Dismissal Motion, within 21 days following 11]| the Court’s ruling, Plaintiff and Defendants agree to hold an additional Rule 26(f) conference anc file their proposed DPSO or other agreement with the Court. 13 9. In addition, to facilitate and effectuate a stay of discovery and case deadlines, the 8 Parties agree to toll any applicable statute of limitations for all claims and causes of action assertec : in this action on behalf of Plaintiff and Putative Members from the filing date of this Joint Stipulatior 16]| until fourteen (14) days following the date on which the Court rules on the Dismissal Motion. This tolling agreement may be memorialized or amended by a separate writing between the Parties, whose terms shall control over this Joint Stipulation. This tolling agreement is not applicable to the 19}| arguments contained in the pending motion to dismiss and are further not a waiver of any limitatior 20 || arguments that may apply outside the timeframe of this tolling agreement. 21 10. This is the Parties’ first request for a stay of discovery and case deadlines a: 22 || hereinabove provided. 23 11. This request is made in good faith and not for the purpose of delay. 24 12. The Parties agree that they are not waiving, relinquishing, or otherwise impairing any 25 || claim, defense, or other right they may have by virtue of entering into this Joint Stipulation. 26 THEREFORE, IT IS HEREBY STIPULATED by and between the Parties as follows: 27 1. All discovery and case deadlines between the Parties shall be stayed until the Court rul 28 on Defendants’ pending Dismissal Motion;

1 2. Depending on the Court’s ruling, the Parties will conduct an additional Rule 26( 2 conference and file their proposed DPSO (or other agreement) with the Court within 2 3 days following the Court’s ruling on the Dismissal Motion; and 4 3. The claims of Plaintiff and each of the Putative Members shall be tolled as hereinabor 5 provided. 7 Dated this 25th day of August, 2025.

RAFI & ASSOCIATES, P.C. COOK & KELESIS, LTD. Jason Kuller /s/ Marc P, Cook (w/permission) a 10 Jason Kuller, NV Bar No. 1224 Marc P. Cook, NV Bar No. 4574 2 1120 N. Town Center Drive, Ste. 130 517 South Ninth Street = 11 || Las Vegas, Nevada 89144 Las Vegas, NV 89101 Attorneys for Plaintiff Attorneys for Defendants = 12

13

14 ORDER 15 IT ISSO ORDERED. ~

□□□□□□□□□□□□□□□□□□□□□□ 18 UNITED STATES MAGISTRATE JUDGE 19 DATED: 8/26/2025 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE

I hereby certify that on the date shown file stamped above, I served a true and correct copy of the foregoing pleading on all registered parties with the Court’s

electronic filing system.

/s/ Jason Kuller Jason Kuller Of Counsel RAFII & ASSOCIATES, P.C. 1120 N. Town Center Dr., Suite 130 Las Vegas, Nevada 89144 Tel: (725) 245-6056 Fax: (725) 220-1802 [email protected]