Hall v. Compass Group USA, Inc

1 FISHER & PHILLIPS LLP DAVID B. DORNAK, ESQ. 2 Nevada Bar No. 6274 ALLISON L. KHEEL, ESQ. — 3 — Nevada Bar No. 12986 4 300 S. Fourth Street, Suite 1500 Las Vegas, Nevada 89101 5 Telephone: (702) 252-3131 E-Mail Address: ddornak@fisherphillips.com 6 E-Mail Address: akheel@fisherphillips.com Attorneys for Defendants — 7 — — 8 — UNITED STATES DISTRICT COURT — 9 — DISTRICT OF NEVADA — 10 — 11 LADONAUGH HALL, an individual, ) Case No.: 2:23-cv-01206-CDS-BNW ) 12 Plaintiff, ) STIPULATION AND ORDER vs. ) TO STAY DISCOVERY AND THE 13 ) EARLY NEUTRAL EVALUATION COMPASS GROUP USA, INC., d/b/a ) CONFERENCE PENDING — 14 — FLIK INTERNATIONAL, a foreign ) DECISION ON MOTION TO 15 corporation; FLIK INTERNATIONAL ) COMPEL ARBITRATION CORP., d/b/a FLIK INTERNATIONAL, a ) 16 foreign corporation; DOES I-X, inclusive; ) (FIRST REQUEST) and ROE CORPORATIONS I-X, inclusive, ) 17 ) — 18 — Defendants. ) 19 IT IS HEREBY STIPULATED AND AGREED by the Parties’ counsel of 20 record that all discovery (including the issuance of a discovery plan and scheduling 21 order in this case) be stayed, pending the Court’s decision on Defendants’ Motion to 22 Compel Arbitration (ECF No. 18). The Parties further jointly request that the Early 23 Neutral Evaluation (“ENE”) Conference set for February 6, 2024, be vacated and the 24 Court stay the further scheduling of a future ENE Conference until the Court has issued 25 a decision on Defendants’ Motion to Compel Arbitration. 26 Defendants have filed a Motion to Compel Arbitration, which is fully briefed 27 and currently pending decision by the Court. Any attempt to conduct merit-based 1 before the horse.” See CIGNA Healthcare of St. Louis, Inc. v. Kaiser, 294 F.3d 849 , 2 855 (7th Cir. 2002); Klepper v. SLI, Inc., 45 Fed. Appx. 136, 139 (3d Cir. 2002). 3 Indeed, the Ninth Circuit has held that if a party is required to proceed with discovery 4 while the enforceability of an arbitration agreement is still being litigated “the 5 advantages of arbitration—speed and economy—are lost forever” and that such a loss is 6 serious and “perhaps, irreparable.” Alascom, Inc. v. ITTN Elec. Co., 727 F.2d 1419 , 7 1422 (9th Cir. 1984); see Winig v. Cingular Wireless, No. C-06-4297-MMC, 2006 U.S. 8 Dist. LEXIS 83116, at *6 (N.D. Cal. Nov. 6, 2006). 9 The Parties wish to avoid the time and cost of discovery until the Court has 10 resolved the issue of the proper forum for this matter and decided Defendants’ Motion 11 to Compel Arbitration. See Mundi v. Union Sec. Life Ins. Co., No. CVF-06-1493, 2007 12 U.S. Dist. LEXIS 64012 , at *16-17 (E.D. Cal. Aug. 15, 2007). Defendants are 13 additionally concerned that participating in discovery and other proceedings while the 14 Motion to Compel Arbitration is pending could be viewed as a waiver of their position 15 that the matter should be arbitrated. 16 Therefore, the Parties have agreed and request that all discovery and associated 17 discovery deadlines in this case be stayed pending resolution of Defendants’ Motion to 18 Compel Arbitration. The Parties further agree and request an order that the pending 19 ENE Conference be vacated and scheduled for a new date if Defendants’ Motion to 20 Compel Arbitration is denied. 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / ] This is the Parties’ first request for a stay in this matter and is made in good faith 2 |and not for the purpose of delay. 3 Dated this 12" day of January, 2024. 4 || FISHER & PHILLIPS LLP JENNINGS & FULTON, LTD. By: /s/Logan G. Willson, Esq. 6 || By: /s/ Allison L. Kheel, Esq. nogn SOT 8 ADAM R. FULTON, ESQ. 7 || DAVID B. DORNAK, ESQ. LOGAN G. WILLSON, ESQ. ALLISON L. KHEEL, ESQ. 2580 Sorrel Street Las Vegas, Nevada 89101 9 oe Att Plaint. 10 Attorneys for Defendants orneys for Plaintiff 1] ORDER S 12 □□ IT IS SO ORDERED. — 13 — So Les We 2 8 UNITED STATES MAGISTRATE JUDGE 15 1/15/2024 sees 16 DATED eH a 17 — 18 — — 19 — — 20 — — 21 — — 22 — — 23 — — 24 — — 25 — — 26 — — 27 — — 28 —