Lopiccolo v. Aliante Gaming, LLC et al
Filing
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ORDER Granting 20 Motion to Extend Dispositive Motion Deadline re 10 Scheduling Order. Motions due by 2/19/2016. Signed by Judge Lloyd D. George on 12/1/15. (Copies have been distributed pursuant to the NEF - MMM)
Case 2:14-cv-01671-LDG-VCF Document 20 Filed 11/25/15 Page 1 of 5
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FISHER &PHILLIPS LLP
MARK J. RICCIARDI, ESQ.
Nevada Bar No. 3141
DAVID B. DORNAK,ESQ.
Nevada Bar No. 6274
300 South Fourth Street
Suite 1500
Las Vegas, NV 89101
Telephone: (702)252-3131
Facsimile: (702)252-7411
E-Mail Address: ddornaknlaborlawyers.com
Attorneys-for Defendant
Aliante Gaming, LLC
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FRANK M. LOPICCOLO
i Case No. 2:14-cv-01671-LDG-VCF
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(FIRST REQUEST)
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ALIANTE GAMING,LLC,a Nevada
Limited Liability Company; ALST
CASINO HOLDCO,LLC,a Delaware
Limited Liability Company,
MOTION TO EXTEND
DISPOSITIVE MOTION
DEADLINE
Defendant.
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ALIANTE GAMING, LLC (hereinafter "Defendant" or "Aliante"), by and
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through its undersigned counsel, Fisher &Phillips LLP, hereby moves to extend the
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dispositive motion deadline from December 16, 2015 to February 19, 2015. This is
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the first request for the extension of this deadline since the close of discovery and is
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made 21 days before the current deadline.
2016
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MEMORANDUM OF POINTS AND AUTHORITIES
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This request is not made for the purpose of delay. The parties' attorney actually
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discussed and agreed to extend this pending deadline prior to the end of discovery.
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(See Affidavit of David B. Dornak at ¶ 2, attached hereto as Exhibit A). Defendant's
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counsel, however, has been unable to reach Plaintiff's counsel after forwarding a
FPDOCS 31260175.1
Case 2:14-cv-01671-LDG-VCF Document 20 Filed 11/25/15 Page 2 of 5
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proposed stipulation and order to extend the diapositive motion deadline. (Ex. A at ¶
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3). To ensure that a request for extension is timely requested, Defendant has filed this
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Motion. Defendant's counsel believes that Plaintiff's counsel would have no objection
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to extending the dispositive motion deadline, but Plaintiff's counsel has apparently
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been unable to respond to Plaintiff's counsel's email and voice messages about the
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proposed stipulation and order. (Ex. A at ¶¶ 2-3). Nevertheless, the parties have
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mutually agreed to all extensions in the matter to date.
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This is the first request for an extension. of this deadline since the close of
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discovery. (Ex. A at ¶ 4). An extension is necessary because the parties are still
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currently waiting on Plaintiff's deposition transcript. (Ex. A at ¶ 4). Once received, it
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is likely that Plaintiff will have near the end of December to review and make any
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corrections. (Ex. A at ¶ 4). Additionally, Defendant's counsel will be on vacation
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during the Christmas holiday and is not returning to the United States until the second
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week in January 2016. (Ex. A at ¶ 4).
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For good cause shown, and not for delay, Defendant requests that it Motion be
granted.
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DATED this 25t~' day of November 2015.
M
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FISHER &PHILLIPS LLP
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/s/David B. Dornak
David B. Dornak, Esq.
Attorney for Defendant
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ORDER
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IT IS SO ORDERED.
DATED this _____ day of November,2015.
December 2015.
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_____________________________
Lloyd D. George
Sr. U.S. District Judges
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FPDOCS 31260175.1
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Case 2:14-cv-01671-LDG-VCF Document 20 Filed 11/25/15 Page 4 of 5
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AFFIDAVIT OF DAVID B. DORNAK
STATE OF NEVADA )
ss.
COUNTY OF CLARK)
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David B. Dornak, being first duly sworn, deposes and says:
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1.
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I am an attorney representing the Defendant in this proceeding. I have
personal knowledge of, and am competent to testify to, the facts set forth herein. I
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make this Affidavit in support of Defendant's Motion To Extend Dispositive Motion
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to
Deadline.
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2.
Prior to the end of discovery, I talked with Plaintiff's counsel, Michael
Balaban, about the need to extend the due to date for dispositive motions. Mr. Balaban
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expressed no objections to such extension, because we have previously worked together
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in agreeing to other extensions in this matter.
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3.
After discovery ended, I sent Mr. Balaban a proposed stipulation and
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order to extend dispositive motion deadline on November 22, 2015. I also left Mr.
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Balaban a voice message notifying him that I sent the proposed stipulation and order to
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him. I then attempted to contact Mr. Balaban on November 23, 24 and 25, 2015, but 'I
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was unable to reach him, I also sent another email asking Mr. Balaban to contact me if
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he had any objections. To date, I have not been able to reach Mr. Balaban, who appears
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to be unavailable due to the Thanksgiving holiday.
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4.
This is the first request for an extension of this deadline since the close
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of discovery. An extension is necessary because the parties are still currently waiting
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on Plaintiff's deposition transcript. Once received, it is likely that Plaintiff will have
near the end of December to review and make any corrections.
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FPDOCS 31260199.1
Additionally,
Case 2:14-cv-01671-LDG-VCF Document 20 Filed 11/25/15 Page 5 of 5
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Defendant's counsel will be on vacation during the Christmas holiday and is not
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returning to the United States until the second week in January 2016.
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DATED this 25th day of November 2015.
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Y~avid B. Dornak, Esq.
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SUBSCRIBED AND SWORN to before
me by David B. Dornak this 25th day
of November 2015.
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OTARY PUBL '
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~`~''~ss IORRAINE JAMES-NEWMAN
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% Notary Public-State of Nevada
APPT. NO. 06-102662-1
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FPDOCS 31260199.1
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