Franz Wakefield v. Aria Resort & Casino, LLC; Aria Resort & Casino Holdings,...
Franz Wakefield v. Aria Resort & Casino, LLC; Aria Resort & Casino Holdings,...
Trial Court Opinion
1 Scott R. Pettitt, NV Bar # 11682 Andrew W. Hazlett, NV Bar # 17079 2 MGM RESORTS INTERNATIONAL 6770 South Edmond Street 3 Las Vegas, NV 89118 4 Telephone: (702) 692-1937 Fax No.: (702) 669-4501 5 Emails: [email protected] [email protected] 6 Attorneys for Defendants Aria Resort & Casino, 7 LLC; Aria Resort & Casino Holdings, LLC; and 8 MGM Resorts International
9 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 10
11 FRANZ WAKEFIELD, Case N o.: 2:25-cv-01761-GMN-MDC
12 Plaintiff, STIPU LATION AND ORDER TO STAY 13 DISC OVERY v. 14 ARIA RESORT & CASINO, LLC, a Nevada 15 Limited Liability Company; ARIA RESORT & CASINO HOLDINGS, LLC, a Nevada 16 Limited Liability Company; MGM RESORTS 17 INTERNATIONAL, a Delaware Corporation; DOES 1 through 20, inclusive; and ROE 18 LEGAL ENTITIES I through XX, inclusive,
19 Defendants. 20 21 Plaintiff Franz Wakefield (“Plaintiff”) and Defendants Aria Resort & Casino, LLC, Aria 22 Resort & Casino Holdings, LLC, and MGM Resorts International (“Defendants”) (collectively, 23 “the Parties”) by and through their respective counsel of record, hereby agree and stipulate as 24 follows: 25 1. On September 17, 2025, Plaintiff filed his Complaint (ECF No. 1). 26 2. On November 7, 2025, Defendants filed their Motion to Dismiss Plaintiff’s 27 Complaint (ECF No. 13). 1 3. On November 21, 2025, Plaintiff filed his Opposition to Defendants’ Motion to Dismiss. (ECF No. 14). 3 4. On December 1, 2025, Defendants filed their Reply in Support of their Motion to 4|| Dismiss. (ECF No. 15). 5 5. In the interests of judicial economy and to avoid the potential incurrence of unnecessary attorneys’ fees and costs, the Parties agree that discovery should be stayed pending the Court’s ruling on the aforementioned Motion to Dismiss. Good cause exists for a stay of 8]| discovery. First, Defendants seek dismissal of Plaintiff's Complaint for lack of subject matter jurisdiction, which if granted, would wholly eliminate the need for any discovery. Second, no fact discovery is needed to resolve the motion seeking the complete dismissal of Plaintiff's Complaint. 11]| See Schrader v. Wynn Las Vegas, LLC, No. 2:19-cv-02159-JCM-BNW,
2021 WL 4810324, at *4 (D. Nev. Oct. 14,2021); Aristocrat Techs., Inc. v. Light & Wonder, Inc., No. 2:24-cv-00382-GMN- MDC,
2024 WL 2302151, at *3 (D. Nev. May 21, 2024) (pragmatic approach permits stay of 14]| discovery “(1) if the dispositive motion can be decided without further discovery; and (2) good 15]| cause exists to stay discovery.”); see also Fed. R. Civ. P. 1 (goal to secure the just, speedy and 16]| inexpensive resolution of cases”). 17 6. To the extent that the Court’s decision on the Motion to Dismiss does not fully 18]| dispose of this matter, the Parties agree that a discovery plan and proposed scheduling order shall be due within thirty (30) days of the Court’s decision on the Motion to Dismiss. 20 IT IS SO STIPULATED 21} DATED: December 11, 2025 22 23 Lather Law MGM RESORTS INTERNATIONAL 24 25|| —/s/ Jason F. Lather __/s/ Andrew W. Hazlett Jason F. Lather, Esq. Scott R. Pettitt, NV Bar # 11682 Nevada Bar No. 12607 Andrew W. Hazlett, NV Bar # 17079 4484 S. Pecos Rd., Suite 171 Attorneys for Defendants Aria Resort & 27|| Las Vegas, NV 89121 Casino, LLC; Aria Resort & Casino Holdings, 28 Attorney for Plaintiff LLC; and MGM Resorts International
ORDER 1 Pursuant to the Parties’ stipulation, IT IS SO ORDERED. Discovery is stayed pending the Court’s ruling on Defendants’ Motion to Dismiss. To the extent that the Court’s decision on the Motion to Dismiss does not fully dispose of this matter, the Parties shall file a 4|| stipulated discovery plan and proposed scheduling order within thirty (30) days of the Court’s 5|| decision on the Motion to Dismiss. . “p, . . 6 DATED: 12-16-25 4, he Hon. Maxiiiw6 D. Coturilier, III 7 Fe nag ot RATE JUPGE “4 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Full Case Name
- Franz Wakefield v. Aria Resort & Casino, LLC; Aria Resort & Casino Holdings, LLC; MGM Resorts International
- Status
- Unknown