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Falcone v. Gaughan South LLC

United States District Court, D. Nevada

May 22, 2018

PATRICIA L. FALCONE, Ph.D., an individual; on behalf of herself and all others similarly situated, Plaintiff,
v.
GAUGHAN SOUTH LLC, a Nevada limited liability company dba South Point Hotel, Casino & Spa, Defendant.

          Don Springmeyer, Bradley Schrager, Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, Patrick Madden, Berger & Montague, P.C. Attorneys for Plaintiff and the Proposed Class Stuart McCluer, McCulley McCluer PLLC.

          STIPULATION AND ORDER TO STAY PROCEEDINGS AND EXTEND DEADLINE FOR DEFENDANT TO RESPOND TO THE COMPLAINT

          Gloria M. Navarro, Chief Judge.

         On February 8, 2018, Patricia L. Falcone, Ph.D (“Plaintiff”), on behalf of herself and the proposed Class, filed the instant case against Gaughan South LLC, a Nevada limited liability company dba South Point Hotel, Casino & Spa (“South Point”). Plaintiff and South Point, by and through their respective counsel of record, stipulate to: (1) stay this case pending a ruling on subject matter jurisdiction in Cabral et al. v. Caesars Entertainment Corporation et al., No. 2:17-cv-02841-APG-VCF (the “Caesars Case”), another similar case filed by the same Plaintiff's counsel; and (2) extend the current deadlines for South Point to respond to Plaintiff's Complaint (ECF No. 1) until after the Court makes a determination of subject matter jurisdiction in the Caesars Case.

         I. Background

         On February 8, 2018, Plaintiff filed the instant case against South Point, alleging that South Point improperly applied Clark County, Nevada's Combined Transient Lodging Tax to charges for internet access. Relatedly, counsel for Plaintiff has filed some fourteen additional lawsuits (the “Related Lawsuits” and, together with the instant action, the “Resort Fee Lawsuits”) in this District Court that assert similar claims and requests for relief against other resort/hotel defendants:

• Cabral et al. v. Caesars Entertainment Corporation et al, No. 2:17-cv-02841-APG-VCF (filed on November 10, 2017);
• Phelps et al. v. MGM Resorts International et al, No. 2:17-cv-02848-APG-CWH (filed on November 13, 2017);
• Martinez et al v. Las Vegas Sands Corp. et al, No. 2:17-cv-02859-APG-NJK (filed on November 14, 2017);
• Schnitzer et al. v. Wynn Resorts, Ltd. et al, No. 2:17-cv-02868-RFB-GWF (filed on November 15, 2017);
• Bowes, et al, v. Nevada Property 1 LLC, dba Cosmopolitan of Las Vegas, No. 2:17-cv-02913-GMN-VCF (filed on November 20, 2017);
• Chapman v. Penn National Gaming, Inc. et al, No. 2:17-cv-02924-GMN-PAL (filed on November 21, 2017);
• Shapiro v. Treasure Island, LLC, No. 2:17-cv-02930-APG-CWH (filed on November 22, 2017);
• Inman v. Las Vegas Resort Holdings, LLC, No. 2:17-cv-02950-JAD-NJK (filed on November 28, 2017);
• Herrera v. American Casino & Entertainment Properties, LLC, et al, No. 2:18-cv-00218-JAD-PAL (filed on ...

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