Farmer et al v. MGM Grand Hotel, LLC

Filing 54

ORDER that 35 Motion to Extend Discovery Deadline Date is granted as follows: Discovery is extended or reopened through June 23, 2014 to conduct the discovery authorized above. FURTHER ORDERED that the following discovery plan and scheduling order dates shall apply: Last date to file dispositve motions: July 23, 2014; Last date to file joint pretrial order: August 22, 2104. Signed by Magistrate Judge George Foley, Jr on 5/22/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RASHAUNDA FARMER AND DIANE ESON,

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Plaintiffs,
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vs.
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MGM GRAND HOTEL, LLC, d/b/a MGM
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GRAND HOTEL, CASINO AND THEME PARK, )
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Defendants.
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__________________________________________)

Case No. 2:13-cv-00686-GMN-GWF
ORDER

This matter is before the Court on Plaintiffs’ Motion to Extend the Discovery Deadline Date

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(#35), filed on March 18, 2014. Defendants filed their Response to Plaintiffs’ Motion (#42) on

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March 26, 2014. Plaintiffs filed their Reply (#45) on April 4, 2014. The Court conducted hearings

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in this matter on March 28, 2014 and on May 7, 2014.

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BACKGROUND AND DISCUSSION

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The scheduling order entered in this case on September 5, 2013 set a discovery cut-off date

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of January 6, 2014. On January 8, 2014, the Court entered an order granting the parties’ stipulation

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to extend the discovery deadlines by 90 days. The new discovery cut-off date was April 6, 2014.

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Order on Stipulation (#32). Plaintiffs scheduled the depositions of Defendants’ personnel in Las

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Vegas on March 17, 2014. A great deal of confusion and conflict occurred between the parties’

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counsel arising out of these depositions, including the fact that Plaintiffs attempted to have some of

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the depositions conducted by a Texas attorney who is not admitted to practice in this action, and

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whom Defendants’ counsel determined had been subject to bar disciplinary proceedings in that

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state. After Defendants refused to permit this lawyer to conduct further depositions, Plaintiffs’ pro

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hac vice counsel allegedly refused to proceed with certain scheduled depositions. Plaintiffs’

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counsel counters that Defendants failed to produce for deposition the security officers who were

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actually involved or potentially involved in the incident that is the subject of this action. During

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the depositions that were taken, Plaintiffs’ counsel learned that the security officers allegedly

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involved in the incident were employed by an entity that had not previously been disclosed to them.

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Defendants argue that the confusion resulted from Plaintiffs’ failure to diligently conduct discovery

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and that they should not be rewarded with a further extension of the discovery deadlines. It would

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take the Court several additional pages to sort through the parties’ back-and-forth allegations

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against one another.

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Plaintiffs allege that they and other African American adults were prevented from entering

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the MGM Grand Hotel pool facility known as “Wet Republic” on the afternoon of April 22, 2012

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based on their race. It is unclear whether Defendants admit or deny that Plaintiffs or other African

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American individuals were barred from the pool facility on that date. To the extent such

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individuals were barred from entering the pool area, Defendants presumably contend that such

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action was taken for lawful and proper reasons and not because of the individuals’ race. Plaintiffs’

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counsel alleges that she has now been able to identify three security guards who were on duty at the

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Wet Republic pool at or about the time of the alleged incident. Defendants’ counsel has also

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indicated that Defendants have either produced to Plaintiffs or have in their possession, custody and

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control security officer log notes which would indicate whether certain individuals were barred

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from entering the pool and the reasons therefor.

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The Court will extend discovery 30 days from the date of this order to permit the following

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limited discovery: Plaintiffs may depose the three security officers whom they have identified were

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on duty at or about the time of the alleged incident. To the extent that Defendants have not already

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produced the security log records for April 22, 2012 that may contain information relevant to

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whether Plaintiffs or other African American adults were barred from entering the Wet Republic

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pool, such records shall be promptly produced so that they are available to Plaintiffs’ counsel prior

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to the scheduled depositions. Plaintiffs have not established good cause for any further extension

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of the discovery deadline or for conducting other discovery. Accordingly,

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...
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IT IS HEREBY ORDERED that Plaintiffs’ Motion to Extend the Discovery Deadline

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Date (#35) is granted as follows: Discovery is extended or reopened through June 23, 2014 to

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conduct the discovery authorized above.

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IT IS FURTHER ORDERED the following discovery plan and scheduling order dates
shall apply:

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Last date to file dispositive motions: July 23, 2014

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Last date to file joint pretrial order: August 22, 2014

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DATED this 22nd day of May, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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