United States District Court, D. Nevada
MARNI M. GUY, Individually and on behalf of all other similarly situated, Plaintiffs,
CASAL INSTITUTE OF NEVADA, LLC dba AVEDA INSTITUTE LAS VEGAS, ARTHUR J. PETRIE, JOHN GRONVALL, and THOMAS CIARNELLO, Defendants.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
case arises from Defendant Aveda's failure to pay
Plaintiffs, Aveda students and alleged employees, pursuant to
the Fair Labor Standards Act (“FLSA”) and Nevada
law. The Ninth Circuit's decision in Benjamin v. B
& H Education, Inc., 877 F.3d 1139 (9th Cir. 2017),
dispositively affects this case. The Court retains discretion
to reconsider its prior orders sua sponte at any
time before the entry of judgment. United States v.
Smith, 389 F.3d 944, 948 (9th Cir. 2004). The Court
therefore reconsiders its August 23, 2016 order, ECF No. 159,
and now grants summary judgment in favor of Defendants.
Guy filed her Complaint on December 11, 2013. ECF No. 1.
April 4, 2014, Plaintiff moved to circulate notice to
potential collective action members under the Fair Labor
Standards Act (“FLSA”), 29 U.S.C. § 216(b).
ECF No. 20. On May 12, 2014, the Court issued its Order
granting Plaintiff's motion. ECF No. 30. In this Order,
the Court granted Plaintiff 90 days to send notice to
potential class action members to participate in the action.
filed their Motion for Summary Judgment on January 13, 2016.
ECF No. 132. Plaintiff filed her Motion for Partial Summary
Judgment on the same day. ECF No. 133.
Court held a hearing on July 28, 2016 to discuss outstanding
motions. ECF No. 155. On August 23, 2016, the Court issued an
order granting Plaintiff's Motion for Partial Summary
Judgment and denying Defendants' Motion for Summary
Judgment. ECF No. 159.
September 16, 2016, Defendants filed a Motion for
Certification of the Court's Order Granting Partial
Summary Judgment for Immediate Appeal. ECF No. 161. Plaintiff
responded on October 24, 2016. ECF No. 164.
November 15, 2016, Plaintiff filed a Motion for Class
Certification and for Injunctive Relief. ECF Nos. 165, 167.
Defendants responded on December 2, 2016 and Plaintiff
replied on December 27, 2016. ECF Nos. 170, 171, 178.
December 16, 2016, Defendants filed a Motion to File
Supplement to their Motion for Certification. ECF No. 174.
Plaintiff responded on December 29, 2016 and Defendants
replied on January 5, 2017. ECF Nos. 180, 182.
December 19, 2016, Plaintiff filed a Motion for Entry of
Discovery Order. ECF No. 175. Defendants responded on January
11, 2017 and Plaintiff replied on January 18, 2017. ECF Nos.
183, 184. On February 10, 2017, the Court held a motion
hearing and reopened discovery for 90 days. ECF No. 188.
March 2, 2017, Plaintiff filed a Motion to File a Supplement
to Their Motion for Class Certification and for Injunctive
Relief. ECF No. 189. Defendants responded on Mach 16, 2017
and Plaintiff replied on March 23, 2017. ECF Nos. 197, 202.
March 6, 2017, Plaintiff filed a Motion to Strike, for Entry
of a Discovery Plan, or Alternatively for a Stay of
Discovery. ECF No. 194. Defendants responded on March 20,