Davis v. Westgate Planet Hollywood Las Vegas, LLC et al

Filing 394

ORDER granting Joint 393 Motion to Extend Time. Discovery due by 12/14/2010. Signed by Magistrate Judge Peggy A. Leen on 11/24/10. (Copies have been distributed pursuant to the NEF - ECS)

Davis v. Westgate Planet Hollywood Las Vegas, LLC et al

Doc. 394

1 JAMES E. SMYTH II Nevada Bar No. 6506 2 Kaempfer Crowell Renshaw Gronauer & Fiorentino 3 8345 West Sunset Road, Suite 250 Las Vegas, Nevada 89113 4 Tel: [phone] Fax: [phone] Website: www.kcnvlaw.com 6 Email: [e-mail] 7 RICHARD W. EPSTEIN 8 HAAS A. HATIC 9 MYRNA L. MAYSONET (Admitted Pro Hac Vice) 10 GREENSPOON MARDER, P.A. Trade Center South, Suite 2700 11 100 West Cypress Creek Road 12 Ft. Lauderdale, Florida 33309 [e-mail] 13 [e-mail] [e-mail] 14 15 Attorneys for Defendants 16 17 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) Docket # 2:08-CV-00722-RCJ-PAL ) ) ) ) ) ) Plaintiffs, ) ) EMERGENCY JOINT STIPULATION vs. ) AND MOTION FOR EXTENSION OF ) DISCOVERY DEADLINE BY TWO WESTGATE PLANET HOLLYWOOD LAS ) WEEKS ) VEGAS, LLC., WESTGATE RESORTS ) INC., WESTGATE RESORTS LTD., CFI ) SALES & MARKETING, LTD., CFI SALES ) & MARKETING, LLC., CFI SALES & ) MARKETING, INC., and "John Doe" entities ) ) 1 to 25, name and number unknown, ) ) Defendants. ) ) ) ) ) )
Dockets.Justia.com

18 THOMAS DAVIS III, RICK BRUNTON, LOIS TIGER and EMMANUEL WIEST 19 individually and on behalf of all others similarly situated, 20 21 22 23 24 25 26 27 28

Case 2:08-cv-00722-RCJ-PAL Document 393

Filed 11/24/10 Page 2 of 3

Case No. 08-CV-S-722-RCJ-PAL Joint Stipulation and Motion For Extension of Discovery Deadline by Two Weeks

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1

Pursuant to LR-6-1 and LR-26-4, the parties jointly request this Court to extend the discovery deadline by two weeks in order to finish certain depositions due to unforeseen circumstances. This stipulation and Motion is timely and supported by a showing of good

cause as required by LR-26-4. I. 1. FACTS SUPPORTING THIS MOTION. The parties diligently

The current discovery deadline is November 30, 2010.

scheduled the two remaining depositions to meet this deadline. However, between the time that they were set and now some unforeseen circumstances have arisen which impact the parties' ability to conduct the deposition on the day scheduled. Specifically, Defendants'

counsel has advised Plaintiffs' counsel of the company's financial deteriorating situation. On November 19, 2010, the deposition of the person most knowledgeable regarding the deficiency suits had to be abruptly convened at 3:30 p.m.1 as he was required to leave to address an emergency request by the company's bankers. This deposition has to be continued but the intervening holiday and other scheduling logistical issues are making the rescheduling of this deposition prior to the November 30, 2010 deadline very difficult and quite expensive. 2. Likewise, Defendants' counsel was advised yesterday, and immediately alerted

Plaintiffs' counsel, that David Siegel was advised that he will have to travel on November 30, 2010, the day of his current scheduled deposition, in order to attend an emergency financial meeting the following day. Lastly, the parties' counsel will be forced to pay a small fortune in plane tickets to defend depositions on opposite sides of the country which will substantially go down after the Thanksgiving Holiday.

Additionally, because of the new TSA regulations and the holiday traffic, Plaintiffs' counsel also was required to leave earlier than anticipated to catch their return flight after two full day of depositions in which approximately eight people were deposed.

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Case No. 08-CV-S-722-RCJ-PAL Joint Stipulation and Motion For Extension of Discovery Deadline by Two Weeks

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3.

Counsel conferred and believes a two week extension is sufficient to address the

unforeseen logistical issues that have unexpectedly arisen and at the same time can save costs. This minimal extension will not have any impact on any of the other deadlines or Orders, including the expert deadline. addressed above. 4. Therefore, the parties request a two week extension of the discovery deadline. DATED this 24th day of November 2010. By: s/Amy Keller AMY KELLER (Admitted Pro Hac Vice) Wexler Wallace LLP 55 West Monroe, Suite 3300 Chicago, IL 60603 Phone: [phone] (direct) Fax: [phone] [e-mail] Attorneys for Plaintiffs s/Myrna L. Maysonet RICHARD W. EPSTEIN (Admitted pro hac vice, Florida Bar No.:0229091) MYRNA L. MAYSONET (Admitted pro hac vice, Florida Bar No.: 0429650) Greenspoon Marder, P.A. 201 E. Pine Street, Suite 500 Orlando, FL 32801 Attorneys for Defendants Instead, it will solely cure the unexpected circumstances

By:

DATED: November 24, 2010

IT IS SO ORDERED _________________________________ UNITED STATES DISTRICT COURT/ MAGISTRATE JUDGE

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