Corbello v. DeVito

Filing 551

ORDER Granting 546 Unopposed Motion to Extend the Trial Date. Signed by Chief Judge Robert C. Jones on 7/5/11. (Copies have been distributed pursuant to the NEF - ASB)

Case 2:08-cv-00867-RCJ -PAL Document 546

Filed 06/22/11 Page 1 of 4

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BOOKER T. EVANS (Nevada Bar No. 1209)
ERIC W. SWANIS (Nevada Bar No. 6840)
L. BRADLEY HANCOCK (Admitted Pro Hac Vice)
CHRISTOPHER B. PAYNE (Admitted Pro Hac Vice)
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway
Suite 500 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
THOMAS GAETANO DEVITO

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Greenberg Traurig, LLP
Suite 500 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

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DONNA CORBELLO, an individual,

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Case No. 2:08-cv-00867-RCJ-PAL

Plaintiff,

ORDER
UNOPPOSED MOTION TO EXTEND
TRIAL DATE

v.
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THOMAS GAETANO DEVITO, an
individual; FRANKIE VALLI, an individual;
ROBERT J. GAUDIO, an individual;
MARSHALL BRICKMAN, an individual;
ERIC S. ELICE a/k/a/ Rick ELICE, an
individual; DES McANUFF, an individual;
DSHT, INC. (formerly, “DODGER STAGE
HOLDING THEATRICALS, INC.), a
Delaware corporation; DODGER
THEATRICALS, LTD., a New York
corporation; and JB VIVA VEGAS, LP, a New
York limited partnership; JERSEY BOYS
BROADWAY LIMITED PARTNERSHIP, and
JERSEY BOYS RECORDS LIMITED
PARTNERSHIP, all New York limited
partnerships, SKUNK, INC., a New York
corporation, and GETTING HOME, INC., a
Nevada corporation.

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(First Request)1

Defendants.

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This is Defendant DeVito’s first sole request to extend the trial date. Defendant DeVito has, however, either been
unopposed to or has agreed to stipulations on extensions for a variety of response dates, discovery dates, and trial dates
over the course of this litigation.

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Case 2:08-cv-00867-RCJ -PAL Document 546

Filed 06/22/11 Page 2 of 4

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Defendant Thomas Gaetano DeVito (“DeVito”), by his attorneys, hereby proposes a

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modification to the Court’s Scheduling Order, dated April 15, 2011 [Doc. No. 502], to extend the

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trial date currently scheduled for November 15, 2011. Defendant DeVito’s counsel has conferred

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with counsel for Plaintiff Donna Corbello and Defendants Frankie Valli, Robert J. Gaudio, Marshall

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Brickman, Eric S. Elice, Des McAnuff, DSHT, Inc., Dodger Theatricals, Ltd., JB Viva Vegas, Jersey

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Boys Broadway Limited Partnership, Jersey Boys Records Limited Partnership, Skunk, Inc., and

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Getting Home, Inc. (the “New Defendants”) who confirmed that they do not oppose the relief sought

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and approve of Defendant DeVito’s proposal to extend the trial date by approximately 30 days.
Defendant DeVito’s co-counsel, L. Bradley Hancock, and his wife are expecting a child in

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early November 2011. Given the current trial date of November 15, 2011, Mr. Hancock, as co-lead

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Greenberg Traurig, LLP
Suite 500 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

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trial counsel, will be preparing for or participating in a very complex trial during the final stage of

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his wife’s pregnancy. This presents a risk that Mr. Hancock would be absent from trial preparation

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or the trial itself in order to take care of his family. Good cause exists for extending the trial date.

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Mr. Hancock’s absence would be detrimental to Defendant DeVito’s trial preparation and/or

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representation at trial. Counsel for the Parties have conferred and are unopposed to extending the

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trial date by approximately 30 days to allow Mr. Hancock time to be with his family after the birth of

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his newborn child. Defendant DeVito does not seek this extension to delay the trial or prejudice the

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other Parties. Defendant DeVito is not seeking to extend discovery or other pre-trial deadlines in the

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Court’s Scheduling Order dated April 15, 2011.

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Accordingly, Defendant DeVito requests that the Court extend the currently-scheduled trial

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date by approximately 30 days and set a new trial date that is convenient for the Court, the Parties,

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and all counsel after such time has passed.

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ORDER
///

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/// IS SO ORDERED.
IT

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///
DATED: 07-05-2011.
///

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///
______________________________
ROBERT C. JONES
Chief Judge

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