Hill v. PCC Structurals, Inc.

| p~er We SOV VV Ne LwVUMEIOTI os PUN Vue oy PaAyy +VINY | MOLLY M. REZAC FILED = RECEIVED 5 evada Bar No. 7435 ENTERED — seRveD on olly.rezac@ogletreedeakins.com COUNSELIPARTIES OF RECORD 3 POLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 0 West Liberty Street aa 4| Suite 920 MAR 10 2020 Reno, NV 89501 S| Telephone: 775.440.2372 CLERK US DISTRICT COURT Fax: 775.440.2376 DISTRICT OF NEVADA 6 BY: SSS DEPUTY | Attorney for Defendant PCC Structurals, Inc. UNITED STATES DISTRICT COURT J 10 FOR THE DISTRICT OF NEVADA i, | MEGHAN HILL, Case No.: 3:19-cv-00699-MMD-WGC < ol. Plaintiff, STIPULATION AND ORDER TO g 13] Ys. VACATE EARLY NEUTRAL | EVALUATION AND STATUS 14] PCC STRUCTURALS, INC. CONFERENCE a é 15 nd DOES F-X, (First Request) 6 | Defendants. M - a7] Aa a4 18 Pursuant to Local Rule ("LR") LR JA 6-1, 6-2, LR 7-1, and 16-6, Defendant PCC 4 19] Structurals, Inc. (“Defendant”) and Plaintiff Meghan Hill (“Plaintiff”), by and through their [0] 20] tespective undersigned counsel, hereby request and stipulate to vacate the Status Conference currently set for March 25, 2020 at 2:00 p.m., and vacate the Early Neutral Evaluation (“ENE”) 22 purrently set for April 1, 2020 at 1:30 p.m. 23 Defendant filed its Motion to Compel Arbitration on March 9, 2020. See ECF No. 18. The 24] Ninth Circuit has held that, under the FAA, once a court is presented with a motion to compel 25 prbitration, the court’s jurisdiction is limited to making a determination about the arbitrability of the 26 underlying dispute. See Simula, Inc. v. Autoliv, Inc., 175 F.3d 716, 726 (9th Cir. 1999). 7 Federal courts, including courts in this jurisdiction and circuit, regularly vacate ENE’s and 2g | stay discovery and other pre-trial obligations pending a decision on a party’s motion to compel rr VOVYUYV STINE LS VV NN EU NINO AN eee arbitration. See, e.g., Miceli, 2016 WL 1170994 , at *2 (vacating scheduled ENE and issuing stay 2 of discovery pending hearing on defendant’s motion to compel arbitration); Andrus, 2012 WL 31 3989646, at *4 (issuing stay of discovery pending hearing on defendant’s motion to compel 4] arbitration); Steiner v. Apple Computer, Inc., 2007 WL 4219388 , *1 (N.D. Cal. Nov. 29, 2007) (a 5] stay of initial scheduling obligations and discovery pending determination of motion to compel is |) prudent because, “[i]f a dispute is arbitrable, responsibility for the conduct of discovery lies with 7| the arbitrators,” not the court.); Coneff'v. AT&T Corp., 2007 WL 738612 , at *3 (W.D. Wash. Mar. 8 || 9, 2007) (staying all discovery on the merits until decision on motion to compel arbitration issued); 9] Merrill Lynch, Inc. v. Coors, 357 F. Supp. 2d 1277, 1280 (D. Colo. 2004) (issuing stay of discovery on merits pending district court’s decision on motion to compel in interests of judicial 11 || economy; noting that resolution of motion may dispose of action entirely); Cunningham v. Van Ru 12| Credit Corp., 2006 WL 2056576 (E.D. Mich. July 21, 2006) (same); Intertec Contracting v. a 13 Turner Steiner Int’l., 2001 WL 81224 , at *7 (S.D. N.Y. 2001) (same); see also Mundi, 2007 WL 5 14 2385069, at *5 (staying discovery pending interlocutory appeal of district court’s decision to deny 15 motion to compel arbitration); Winig, 2006 WL 3201047 , at *2 (holding that stay of discovery au 16 pending appeal was necessary to prevent irreparable harm to defendant — the loss of speed and : 17 economy associated with arbitration); Alsacom v. ITT N. Elec. Co., 727 F.2d 1419 , 1422 (9th Cir. 18 | 1984) (same). Further, the Court also has the inherent authority to stay discovery “to control the || disposition of the cases on its docket with economy of time and effort for itself, for counsel, and 8 20 | for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936). 21}... 22] ;-- 23)... 24} 25 | [27] 28 | | wee VV YU ON aA WATE INSEE Oe POTN A a Ie ww I In this case, there is good cause to vacate the Status Conference and ENE at this time, given 2 e Defendant’s Motion to Compel Arbitration. Therefore, the Parties respectfully request that this 3 | Court enter its Order vacating the Status Conference currently set for March 25, 2020 at 2:00 p.m. 4 and the ENE currently set for April 1, 2020 at 1:30 p.m. 5 This requested stay is sought in good faith and not for purposes of causing any undue delay. || Dated this 9" day of March, 2020. Dated this 9" day of March, 2020. 7 LAW OFFICE OF MARK MAUSERT OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 8 | 9 (s/ Mark Mausert /s/ Molly M._Rezac Mark Mausert, Esq. Molly M. Rezac 19 | Nevada Bar No. 2398 Nevada Bar No. 7435 729 Evans Avenue 50 West Liberty Street, Suite 920 11] Reno, NV 89512 Reno, NV 89501 & Telephone: 775.786.5477 Telephone: 775.440.2372 12 Attorney for Plaintiff Meghan Hill Attorney for Defendant PCC Structurals, Inc. nm 2 13 | ORDER 14] IT IS SO ORDERED. RUM ~#8ee 616 | UTED STATES MAGISTRATE JUDGE 7 patep:_2/(0/ZO □□ i 18] : i wl [8] ° 20 2] 22 | [25] 26 | | [27] 28 | |