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IN RE MGM MIRAGE SECURITIES LITIGATION, 2:09-cv-01558-GMN-VCF. (2015)

Court: District Court, D. Nevada Number: infdco20150709d83 Visitors: 15
Filed: Jun. 29, 2015
Latest Update: Jun. 29, 2015
Summary: JOINT STIPULATION AND [PROPOSED] ORDER TO HOLD DECISION ON CLASS CERTIFICATION MOTION IN ABEYANCE PENDING MEDIATION GLORIA M. NAVARRO , District Judge . Lead Plaintiffs 1 and Defendants 2 (together, the "Parties"), by and through counsel, hereby stipulate to request that the Court hold its decision on Plaintiffs' Motion for Class Certification (Dkt. No. 283) in abeyance for at least an additional 30 days, as set forth below. A. Background on Motion for Class Certification Plaintiffs
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JOINT STIPULATION AND [PROPOSED] ORDER TO HOLD DECISION ON CLASS CERTIFICATION MOTION IN ABEYANCE PENDING MEDIATION

Lead Plaintiffs1 and Defendants2 (together, the "Parties"), by and through counsel, hereby stipulate to request that the Court hold its decision on Plaintiffs' Motion for Class Certification (Dkt. No. 283) in abeyance for at least an additional 30 days, as set forth below.

A. Background on Motion for Class Certification

Plaintiffs filed their Motion for Class Certification (Dkt No. 283) on November 12, 2014. Defendants filed their Opposition to Plaintiffs' Motion for Class Certification (Dkt. No. 303) on February 2, 2015. Plaintiffs filed their Reply in Support of their Motion for Class Certification (Dkt No. 319) on April 2, 2015. The Court heard oral argument on Plaintiffs' Motion for Class Certification on April 21, 2015 and took the motion under submission.

B. Reasons for Requested Relief

On May 13, 2015, the Parties participated in a mediation of this matter before the Honorable Judge Layn R. Phillips, former United States District Judge for the Western District of Oklahoma. Following that mediation session, Judge Phillips recommended a second mediation session. In the interim, Judge Phillips recommended that the Parties agree to a 40-day stand down of the litigation to preserve insurance proceeds and that the Parties jointly request that the Court extend all of the current deadlines in the Scheduling Order by 40 days. Judge Phillips also recommended that the Parties agree to jointly request that the Court hold its decision on Plaintiffs' Motion for Class Certification (Dkt. No. 283) in abeyance until at least the expiration of the 40-day stand down. The Parties submitted a stipulation on May 19, 2015 to effectuate Judge Phillips' recommendation with respect to a decision on Plaintiffs' class certification motion (Dkt. No. 339) and the Court signed that stipulation on May 21, 2015 (Dkt. No. 342).

On June 10, 2015, the parties participated in a second mediation session before Judge Phillips and since June 10, Judge Phillips has continued to assist the Parties with settlement negotiations. Judge Phillips has now again recommended that the Parties jointly request that the Court hold its decision on Plaintiffs' Motion for Class Certification (Dkt. No. 283) in abeyance until at least another 30 days and to extend all of the current deadlines in the Scheduling Order by 30 days.3 The Parties have accepted that recommendation and therefore submit this stipulation.

IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the Parties, that the Parties jointly request that the Court hold its decision on Plaintiffs' Motion for Class Certification (Dkt. No. 283) in abeyance and not issue, file, or publish any decision on that motion for at least 30 days — i.e., until at least July 29, 2015.

Order

IT IS SO ORDERED, thi 7th day of July, 2015, that the Court will hold its decision on Plaintiffs' Motion for Class Certification (Dkt. No. 283) in abeyance and not issue, file, or publish any decision for at least 30 days — i.e., until at least July 29, 2015.

FootNotes


1. "Lead Plaintiffs" refers to Arkansas Teacher Retirement System, Philadelphia Board of Pensions and Retirement, Luzerne County Retirement System, and Stichting Pensioenfonds Metaal en Techniek.
2. "Defendants" refers to MGM Resorts International ("MGM"), James J. Murren, Daniel J. D'Arrigo, Robert C. Baldwin, and Deborah Hower Lanni, as Co-Executor of the Estate of J. Terrence Lanni.
3. The Parties have submitted a separate stipulation to Magistrate Judge Ferenbach to address the scheduling issues recommended by Judge Phillips.
Source:  Leagle

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