Persi v. MGM Grand Hotel, LLC
| David Persi |
| MGM Grand Hotel, LLC doing business as MGM Grand Las Vegas |
| 2:2022cv02087 |
| December 16, 2022 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Nancy J Koppe |
| James C Mahan |
| Cristina D Silva |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 7/24/2023. Last month, I ordered the plaintiffs to show cause why this case should not be consolidated with four other similar cases filed in this district. They responded, "acknowledg[ing] the benefits of judicial economy in consolidating the matters," but urging that consolidation could make it less likely for a jury to award each plaintiff damages and explaining that the plaintiffs each sought religious exemptions from MGM's vaccine policy on different bases. Under Federal Rule of Civil Procedure 42(a)and based on the reasons I provided in the show-cause orderI exercise my discretion to consolidate the following four cases: Koonce v. MGM Grand Hotel, LLC (22-cv-2061); Taylor v. MGM Grand Hotel, LLC (22-cv-2069); Persi v. MGM Grand Hotel, LLC (22-cv-2087); and Hakan v. MGM Resorts International (22-cv-2097). Pierce v. Cnty. of Orange, 526 F.3d 1190, 1203 (9th Cir. 2008) (quoting Investors Rsch. Co. v. U.S. Dist. Ct. for Cent. Dist. of Cal., 877 F.2d 777, 777 (9th Cir. 1989)). IT IS THEREFORE ORDERED that these four cases are CONSOLIDATED for all purposes. The earliest-filed case, Koonce v. MGM Grand Hotel, LLC, will serve as the lead case, and all future filings must bear that case number. If the plaintiffs seek to hold separate trials for each plaintiff, that request can be made via motion at the conclusion of discovery. IT IS FURTHER ORDERED that the pending motions to dismiss in each of the four cases are DENIED without prejudice. The plaintiffs are ordered to file a single consolidated complaint by Monday, August 21. The defendants may then file a dispositive motion addressing all of the plaintiffs at once. IT IS FURTHER ORDERED that the parties must meet and confer on discovery and scheduling deadlines and must file a revised discovery plan and scheduling order by August 21 in accordance with LR 26-1. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
Filing 30
ORDER TO SHOW CAUSE. IT IS THEREFORE ORDERED that the plaintiffs must show cause by June 26, 2023 why these five cases should not be consolidated for all purposes. Show Cause Response due by 6/26/2023. Signed by Judge Cristina D. Silva on 6/6/2023. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 29 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (JQC) |
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Filing 28
SCHEDULING ORDER Granting #22 Discovery Plan and Scheduling Order. Discovery due by 10/23/2023. Motions due by 11/22/2023. Proposed Joint Pretrial Order due by 12/22/2023. Signed by Magistrate Judge Daniel J. Albregts on 5/17/2023.(Copies have been distributed pursuant to the NEF - JQC)
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Filing 27
ORDER. IT IS ORDERED that Tracey Koonce v. MGM Grand Hotel, LLC, 2:22-cv- 02061-APG-DJA; Paul Taylor v. MGM Grand Hotel, LLC, 2:22-cv-02069-APG-DJA; Inga Hakan v. MGM Resorts International, 2:22-cv-02097-GMN-NJK; and Matthew Backes v. Aria Resort & Casino, LLC, 2:23-cv-00021-GMN-NJK are transferred to Judges Cristina D. Silva and Daniel J. Albregts for all further proceedings. All further documents must bear the correct case number 2:22-cv-02061-CDS- DJA. Signed by Judge Cristina D. Silva on 5/15/2023. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 26 CLERK'S NOTICE that this case is randomly reassigned to District Judge Cristina D. Silva for all further proceedings. All further documents must bear the correct case number 2:22-cv-02087-CDS-NJK. (no image attached) (WJ) |
| Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on May 1, 2023.With good cause appearing, Judge James C. Mahan recuses himself in this action. IT IS ORDERED that this action is referred to the clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ADR) |
| Filing 24 NOTICE OF RELATED CASES 2:22-cv-02061-JCM-DJA; 2:22-cv-02097-JCM-NJK; 2:22-cv-02069-APG-DJA; 2:23-cv-00021-GMN-NJK by Defendant MGM Grand Hotel, LLC. . (McChrystal, Lynne) |
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Filing 23
ORDER. IT IS ORDERED that the parties must file, no later than 4/26/2023, either a notice of related cases in each of the subject cases in compliance with Local Rule 42-1(a) or a notice explaining why the cases should not be considered related. Signed by Magistrate Judge Nancy J. Koppe on 4/19/2023. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 22 Stipulated Discovery Plan and Scheduling Order by Defendant MGM Grand Hotel, LLC.. (McChrystal, Lynne) |
| Filing 21 MINUTES OF PROCEEDINGS - Early Neutral Evaluation session held on 4/13/2023 before Magistrate Judge Cam Ferenbach. Pla Counsel: Adam R. Fulton, Esq.; David Persi; Def Counsel: Paul T. Trimmer, Esq.; Ashley Eddy Kott, Esq.; Time of Hearing: 10:00 AM - 1:00 PM; (no image attached) The court met and conferred with the parties and counsel. A settlement agreement was not reached. Accordingly, IT IS HEREBY ORDERED that the case returns to the normal litigation track.(Copies have been distributed pursuant to the NEF - MT) |
| Filing 20 REPLY to Response to #12 Motion to Dismiss, by Defendant MGM Grand Hotel, LLC. (McChrystal, Lynne) |
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Filing 19
ORDER Granting #16 Motion to Withdraw as Attorney Kyle Joseph Hoyt. Signed by Magistrate Judge Nancy J. Koppe on 3/23/2023. (Copies have been distributed pursuant to the NEF - TRW)
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Filing 18
ORDER Granting #17 Stipulation for Extension of Time (First Request). Replies re #12 Motion to Dismiss due by 3/24/2023. Signed by Judge James C. Mahan on 3/23/2023. (Copies have been distributed pursuant to the NEF - TRW)
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| Filing 17 STIPULATION FOR EXTENSION OF TIME (First Request) for Defendant to File Reply in Support of Motion to Dismiss Counts II and IV of Plaintiff's Complaint re #12 Motion to Dismiss, by Defendant MGM Grand Hotel, LLC. (McChrystal, Lynne) (extend) (sumjgm) |
| Filing 16 MOTION to Withdraw as Attorney by Kyle J. Hoyt for Defendant MGM Grand Hotel, LLC re #8 Notice of Appearance. Responses due by 4/5/2023. (McChrystal, Lynne) |
| Filing 15 NOTICE of Appearance by attorney Lynne McChrystal on behalf of Defendant MGM Grand Hotel, LLC. (McChrystal, Lynne) |
| Filing 14 RESPONSE to #12 Motion to Dismiss, by Plaintiff David Persi. Replies due by 3/16/2023. (Fulton, Adam) |
| Filing 13 CERTIFICATE of Interested Parties by MGM Grand Hotel, LLC. There are no known interested parties other than those participating in the case. (Hoyt, Kyle) |
| Filing 12 MOTION to Dismiss #1 Complaint, by Defendant MGM Grand Hotel, LLC. Responses due by 3/9/2023. Discovery Plan/Scheduling Order due by 4/9/2023. (Attachments: #1 Exhibit)(Hoyt, Kyle) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 11
ORDER setting Early Neutral Evaluation session. Early Neutral Evaluation set for 4/13/2023 at 10:00 AM in LV Chambers - Videoconference before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 2/17/2023. (Copies have been distributed pursuant to the NEF - TRW)
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Filing 10
ORDER Granting in part and Denying in part #9 Stipulation for Extension of Time (First Request). MGM Grand Hotel, LLC answer re #1 Complaint due 2/23/2023. Signed by Magistrate Judge Nancy J. Koppe on 2/17/2023. (Copies have been distributed pursuant to the NEF - TRW)
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| Filing 9 STIPULATION FOR EXTENSION OF TIME (First Request) for Defendant to Respond to Plaintiff's Complaint [ECF No. 1] re #1 Complaint, by Defendant MGM Grand Hotel, LLC. (Hoyt, Kyle) (extend) (answer) |
| Filing 8 NOTICE of Appearance by attorney Kyle Joseph Hoyt on behalf of Defendant MGM Grand Hotel, LLC. (Hoyt, Kyle) |
| Filing 7 NOTICE of Appearance by attorney Paul T. Trimmer on behalf of Defendant MGM Grand Hotel, LLC. (Trimmer, Paul) |
| Filing 6 WAIVER OF SERVICE Returned Executed by David Persi. All Defendants. (Fulton, Adam) |
| Filing 5 SUMMONS ISSUED as to MGM Grand Hotel, LLC re #1 Complaint. (TRW) |
| Filing 4 CLERK'S NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Cam Ferenbach will be the evaluating judge in this case. (no image attached) (TRW) |
| Filing 3 DEMAND for Trial by Jury by Plaintiff DAVID PERSI. (Fulton, Adam) |
| Filing 2 CERTIFICATE of Interested Parties by DAVID PERSI. There are no known interested parties other than those participating in the case (Fulton, Adam) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7148744) by DAVID PERSI. Proof of service due by 3/16/2023. (Attachments: #1 Summons, #2 Civil Cover Sheet) (Fulton, Adam) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge James C. Mahan and Judge Nancy J. Koppe. (TRW) |
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