United States District Court, D. Nevada
URBAN LAW FIRM NATHAN R. RING, ESQ. NEVADA BAR NO. 12078
ATTORNEYS FOR DEFENDANTS/COUNTERCLAIM- PLAINTIFFS
OFFICE OF EDWARD GLEASON, PLLC EDWARD M. GLEASON, JR.
(ADMITTED PRO HAC VICE) ATTORNEYS FOR
JACKSON LEWIS P.C. DEVERIE J. CHRISTENSEN, ESQ. NEVADA BAR
NO. 6596 JOSHUA A. SLIKER, ESQ. NEVADA BAR NO. 12493
ATTORNEYS FOR PLAINTIFF/COUNTERCLAIM- DEFENDANT
DAY DOUGLAS W. HALL, ESQ. (ADMITTED PRO HAC VICE) AARON S.
MARKEL, ESQ. (ADMITTED PRO HAC VICE) ATTORNEYS FOR
JOINT STATUS REPORT AND MOTION FOR EXTENSION OF STAY
Nancy J. Koppe United States Magistrate Judge.
Pursuant to the Court's February 19, 2019 Order,
Plaintiff Allegiant Air, LLC (“Allegiant”) and
Defendants International Brotherhood of Teamsters, Airline
Division (“IBT”), Airline Professionals
Association Teamsters Local Union No. 1224 (“Local
1224”), and Local 1224's President, Daniel Wells
(collectively the “Union”), file this joint
status report and request that this Court extend the stay of
all deadlines and proceedings in this matter until June 28,
2019, so that the parties may continue their efforts to
resolve this dispute through mediated negotiations. In
support of this request, the parties state as follows:
case concerns the parties' attempts to negotiate a
Preferential Bidding System Letter of Agreement (“PBS
LOA”). In July 2018, the Union voted to authorize a
strike against Allegiant based on the parties' failure to
negotiate a PBS LOA. Believing that such a strike would
violate the Railway Labor Act (“RLA”), Allegiant
brought this lawsuit for injunctive and declaratory relief.
E.g., Verified Compl. (ECF No. 1) ¶ 2. The
Union in turn filed a counterclaim, alleging that Allegiant
engaged in bad faith bargaining concerning the PBS LOA, and
seeking an order from the Court requiring Allegiant to return
to the bargaining table to negotiate in good faith.
Counterclaim (ECF No. 39) ¶¶ 39-47.
August 28, 2018, the Union moved to dismiss Allegiant's
First Amended Complaint (“FAC”). Mot. to Dismiss
FAC (ECF No. 18). The court denied this motion by Minute
Order on December 6, 2018. (ECF No. 38). Allegiant has
subsequently moved to dismiss the Union's counterclaim,
briefing for which has not yet been completed. Mot. Dismiss
Counterclaim (ECF No. 43).
February 15, 2019, the parties jointly moved this Court to
stay all deadlines in proceedings in this case until May 31,
2019, so that they could pursue resolution of this dispute
through mediation. (ECF No. 52).
February 19, 2019, the Court granted the parties' request
and stayed all proceedings in this case, including the
deadlines set forth in the Court's January 30, 3019
scheduling order (ECF No. 48), until May 31, 2019. (ECF No.
53). In doing so, the Court dismissed Allegiant's motion
to dismiss the Union's counterclaim without prejudice,
with permission to refile its request within 14 days of the
stay being lifted. Id. The Court further ordered
that the parties file a joint status report, dismissal
papers, or request to lift the stay by May 31, 2019.
Following the entry of the stay, the parties agreed to engage
in three two-day mediation sessions with the assistance of
Mediator Dana Eischen. On May 8 and 9, 2019, the parties
engaged in the first of these mediation sessions in Las
Vegas, Nevada. The parties scheduled their second two-day
mediation session to take place in Washington, D.C., on May
parties believe that extending the stay of proceedings and
deadlines in this case will allow them to continue to pursue
resolution through mediation, and thus save time, enhance
judicial efficiency, and conserve court and party resources.
The parties therefore respectfully request that the Court
enter an order continuing its stay of all deadlines and
proceedings - including discovery and further briefing on
Allegiant's Motion to Dismiss the Union's
counterclaim - until June 28, 2019. On or before June 28,
2019, the parties shall file either (a) a joint stipulation
of dismissal, or (b) a joint status report advising the Court
of the status of the parties' negotiations and containing
the parties' recommendations for resumption of these
parties and their counsel make this request in good faith and
not for the purpose of delaying these proceedings.