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Guy v. Casal Institute of Nevada, LLC

United States District Court, D. Nevada

May 21, 2019

MARNI M. GUY, Individually and on behalf of all other similarly situated, Plaintiffs,
v.
CASAL INSTITUTE OF NEVADA, LLC dba AVEDA INSTITUTE LAS VEGAS, ARTHUR J. PETRIE, JOHN GRONVALL, and THOMAS CIARNELLO, Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         This 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.

         II. BACKGROUND

         Plaintiff Guy filed her Complaint on December 11, 2013. ECF No. 1.

         On 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.

         Defendants 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.

         The 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.

         On 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.

         On 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.

         On 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.

         On 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.

         On 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.

         On 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, 2017 ...


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