Caesars World, Inc. v. July et al

Filing 32

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Caesars World, Inc. First Amended Stipulated Discovery Plan and Scheduling Order. (Boyle, James)

1
2
3
4
5
6
7
8

NICHOLAS J. SANTORO, ESQ.
Nevada Bar No. 00532
[e-mail]
JAMES D. BOYLE, ESQ.
Nevada Bar No. 08384
[e-mail]
SANTORO, DRIGGS, WALCH,
KEARNEY, HOLLEY & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone:
702/791-0308
Facsimile:
702/791-1912

12

Nadya Munasifi, Esq. (admitted pro hac vice)
Georgia Bar No. 156051
[e-mail]
ALSTON & BIRD LLP
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone:
404/881-7000
Facsimile:
404/881-7777

13

Attorneys for Caesars World, Inc.

9
10
11

14
15

UNITED STATES DISTRICT COURT

16

DISTRICT OF NEVADA

17
18

CAESARS WORLD, INC., a Florida
corporation,

19
20
21
22

CASE NO.:

2:11-cv-00536-GMN-(CWH)

FIRST AMENDED STIPULATED
DISCOVERY PLAN AND SCHEDULING
ORDER

Plaintiff,
v.

MARCEL JULY, an individual; and OCTAVIUS SPECIAL SCHEDULING REVIEW
REQUESTED
TOWER LLC, a Nevada limited liability
company,

23
Defendants.

24
25

Pursuant to LR 26-1(d), LR 26-1(e), LR 26-4, and Fed. R. Civ. P. 26(f), Plaintiff Caesars

26

World, Inc. (“Caesars”), by and through its undersigned counsel of record, and Defendants

27

Marcel July (“Mr. July”) and Octavius Tower, LLC (“OT”) (and collectively, “Defendants”), by

28

and through their undersigned counsel, hereby submit and stipulate to the following First

-106247-58/785624.DOC

1

Amended Stipulated Discovery Plan and Scheduling Order, and agree that the following shall

2

constitute the amended discovery plan and scheduling order in this matter. The parties believe

3

that settlement potential exists for this case and have recently agreed to mediation or other

4

formal settlement discussions to attempt to bring this matter to a close. The parties thus request a

5

special scheduling review by this Court and request that the remaining deadlines in the case be

6

extended by sixty (60) days to permit the parties time to complete settlement efforts. If these

7

efforts do not prove successful, the parties believe they will be able to complete discovery and

8

trial preparation pursuant to the extended deadlines set forth below.

9

I.

10

(a)

AMENDED SCHEDULING ORDER PURSUANT TO LR 26-1(e).
Fed. R. Civ. P. 26(f) Conference: On June 7, 2011, the parties scheduled a

11

telephonic conference to discuss issues required by Fed. R. Civ. P. 26(f). James D. Boyle, Esq.

12

of the law firm Santoro, Driggs, Walch, Kearney, Holley & Thompson and David J. Stewart,

13

Esq. of the law firm Alston & Bird LLP appeared for Caesars. Michael W. Sanft, Esq. of Sanft

14

Law Group appeared on behalf of Defendants. Pursuant to LR 26-1(e), the parties submit and

15

stipulate to the following proposed extended deadlines:

16

1.

Discovery Cut-Off Date: OT answered Caesars’ Complaint on May 3,

17

2011 (Docket No. 12).

18

Complaint and asserted counterclaims on May 19, 2011 (Docket No. 15).

19

Because the primary defendant to this action, Mr. July, was then located in

20

The Netherlands, the parties requested that a date for completion of

21

discovery be set one hundred eighty (180) days from the date that Mr. July

22

filed his Answer and Counterclaim, to wit November 15, 2011. The Court

23

entered the Parties’ initial Scheduling Order and Discovery Plan on June

24

13, 2011 (Docket No. 21) (the “Scheduling Order”). For the reasons set

25

forth below, the parties have agreed that an additional sixty (60) days is

26

necessary to complete discovery. Therefore, the parties have agreed to a

27

revised discovery cutoff deadline of Monday, January 16, 2012 and

28

respectfully request that this Court grant same.

-206247-58/785624.DOC

Mr. July subsequently answered Caesars’

1

2.

Amending the Pleadings and Adding Parties:

Pursuant to the

2

Scheduling Order, the last day to amend the pleadings and add parties was

3

August 17, 2011, which date was ninety (90) days prior to the previously-

4

scheduled discovery cutoff deadline. The parties have agreed that no

5

extension to this deadline is necessary.

6

3.

Fed. R. Civ. P. 26(a)(2) Disclosures (Experts):

Pursuant to the

7

Scheduling Order, the last day to disclose experts was September 16,

8

2011. Pursuant to LR 26-1(e)(3), the last day to disclose experts is sixty

9

(60) days prior to the close of discovery. The parties have agreed to a

10

revised deadline to disclose experts of Tuesday, November 15, 2011.

11

Additionally, pursuant to the Scheduling Order, the last day to disclose

12

rebuttal experts was October 17, 2011. Pursuant to LR 26-1(e)(3), the last

13

day to disclose rebuttal experts is thirty (30) days after the initial

14

disclosure of experts. The parties have agreed to a revised deadline to

15

disclose rebuttal experts of Thursday, December 15, 2011.

16

4.

Dispositive Motions: Pursuant to the Scheduling Order, the last day to

17

file dispositive motions was December 15, 2011. Pursuant to LR 26-

18

1(e)(4), the last day to file a dispositive motion is thirty (30) days after the

19

discovery cut-off date. The parties have agreed to a revised deadline to

20

file dispositive motions of Wednesday, February 15, 2012.

21

5.

Pretrial Order: Pursuant to the Scheduling Order, the last day to file the

22

pretrial order was January 16, 2012. Pursuant to LR 26-1(e)(5), the last

23

day to file a pretrial order is thirty (30) days after the date set for filing

24

dispositive motions. The parties have agreed to a revised deadline, to file

25

a pretrial order, of Wednesday, February 15, 2012.

26

dispositive motions are filed, the date for filing the joint pretrial order

27

shall be suspended until thirty (30) days after the decision on the

28

dispositive motion or upon further order by the Court extending the time

-306247-58/785624.DOC

In the event

1

period in which to file the joint pretrial order. The parties shall include the

2

disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections

3

thereto, with the joint pretrial order.
6.

4

Extension of Scheduled Deadlines: Pursuant to LR 26-4, the last day

5

make a request to the extension of the discovery deadlines is twenty (20)

6

days before the discovery cut-off date. The parties have agreed to a

7

revised deadline to make any further request to the extension of discovery

8

deadlines of Wednesday, December 28, 2011.
7.

9

Interim Status Report: The parties will submit the interim status report

10

required by LR 26-3 by Tuesday, November 15, 2011, which is sixty (60)

11

days prior to the discovery cutoff deadline.

12

(b)

Fed R. Civ. P. 26(f)(2) Scope of Discovery: The parties continue to agree that

13

discovery should extend to the full extent allowed by the Federal Rules of Civil Procedure and

14

that discovery should not be limited to any particular issues.

15
16
17

(c)

Fed. R. Civ. P. 26(f)(3) Changes: The parties stipulate that no changes should

be made to the limitations on discovery imposed by Fed. R. Civ. P. 26 or LR 26-1.
(d)

Fed. R. Civ. P. 26(f)(4) Schedules: At this time, the parties believe that an

18

expedited scheduled pursuant to Fed. R. Civ. P. 26(f)(4) is not necessary. The parties reserve

19

their respective rights to request relief under Fed. R. Civ. P. 26(f)(4).

20

(e)

Additional Information: None.

21

II.

STATEMENT OF DISCOVERY STATUS PURSUANT TO LR 26-4.

22

In accordance with the requirements of LR 26-4, the parties hereby report as follows:

23

(a)

24

Caesars has served initial disclosures, first interrogatories and document requests on Mr.

25

July, and first interrogatories and document requests on Octavius Tower, LLC, which requests

26

are pending.

Statement Specifying Completed Discovery:

27

(b)

28

Plaintiff anticipates that it may serve requests for admission and follow-up interrogatories

Discovery Remaining to be Completed:

-406247-58/785624.DOC

1

and document requests on Mr. July and Octavius Tower, LLC after receiving responses to its

2

pending discovery requests. Plaintiff further anticipates taking Mr. July’s deposition and a

3

30(b)(6) deposition of Octavius Tower, LLC, and Caesars may take depositions of third parties

4

identified in Defendants’ responses to Caesars’ pending discovery requests.

5

anticipates discovery of any experts Defendants identify.

Caesars also

6

(c)

7

The parties are filing this motion in advance of the current close of the discovery period

8

because they anticipate that additional time to complete discovery will be necessary if formal

9

settlement efforts between the parties does not yield a settlement. The parties request the

10

extensions set forth herein so that they may focus on efforts to resolve the case without the need

11

to engage concurrently in fact and expert discovery. The parties believe that, if they are unable

12

to settle the case, they will be able to complete all necessary discovery within the extended time

13

periods set forth above.
(d)

14

Explanation as to Non-Completion of Discovery:

Proposed Discovery Completion Schedule: The parties agree that the proposed

15

discovery completion schedule set forth in Section I(a)(1-7) above is the appropriate timeframe

16

for completing the discovery set forth above, to wit on or before January 16, 2012.

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///

-506247-58/785624.DOC

1

(e)

Additional Information: None.

2
3

Dated: September 12, 2011.

Dated: September 12, 2011.

4

SANTORO, DRIGGS, WALCH,
KEARNEY, HOLLEY & THOMPSON

SANFT LAW GROUP

/s/ James D. Boyle
NICHOLAS J. SANTORO, ESQ.
Nevada Bar No. 00532
[e-mail]
JAMES D. BOYLE, ESQ.
Nevada Bar No. 08384
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone:
702/791-0308
Facsimile:
702/791-1912

/s/ Michael W. Sanft
MICAHEL W. SANFT, ESQ.
Nevada Bar No. 08245
520 South Fourth Street, Suite 320
Las Vegas, Nevada 89101
Telephone:
702/384-5563
Facsimile:
702/487-5140

5
6
7
8
9
10
11
12

Attorneys for Defendants Marcel July and
Octavius Tower, LLC

ALSTON & BIRD LLP

15

NADYA MUNASIFI, ESQ.
Georgia Bar No. 156051
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone:
404/881-7000
Facsimile:
404/881-7777

16

Admitted Pro Hac Vice

13
14

17
18

Attorneys for Plaintiff Caesars World, Inc.

19
20

IT IS SO ORDERED:

21
22
23
24

UNITED STATES DISTRICT JUDGE or
UNITED STATES MAGISTRATE JUDGE
DATED:

25
26
27
28

-606247-58/785624.DOC