Lopiccolo v. Aliante Gaming, LLC et al

Filing 21

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)

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Case 2:14-cv-01671-LDG-VCF Document 20 Filed 11/25/15 Page 1 of 5 1 2 3 4 5 6 7 8 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 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 FRANK M. LOPICCOLO i Case No. 2:14-cv-01671-LDG-VCF a ~~ ~ ~o ~ ~~ ~~ 12 i3 ~' ~ ~ ~ is vs. 14 ~ ~z Plaintiff, w ~ ~ Y> ~a 16 ~r' 0 M (FIRST REQUEST) 17 pq ALIANTE GAMING,LLC,a Nevada Limited Liability Company; ALST CASINO HOLDCO,LLC,a Delaware Limited Liability Company, MOTION TO EXTEND DISPOSITIVE MOTION DEADLINE Defendant. 10 19 ALIANTE GAMING, LLC (hereinafter "Defendant" or "Aliante"), by and 20 through its undersigned counsel, Fisher &Phillips LLP, hereby moves to extend the 21 dispositive motion deadline from December 16, 2015 to February 19, 2015. This is 22 the first request for the extension of this deadline since the close of discovery and is 23 made 21 days before the current deadline. 2016 24 MEMORANDUM OF POINTS AND AUTHORITIES 25 This request is not made for the purpose of delay. The parties' attorney actually 26 discussed and agreed to extend this pending deadline prior to the end of discovery. 27 (See Affidavit of David B. Dornak at ¶ 2, attached hereto as Exhibit A). Defendant's 28 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 1 proposed stipulation and order to extend the diapositive motion deadline. (Ex. A at ¶ 2 3). To ensure that a request for extension is timely requested, Defendant has filed this 3 Motion. Defendant's counsel believes that Plaintiff's counsel would have no objection 4 to extending the dispositive motion deadline, but Plaintiff's counsel has apparently 5 been unable to respond to Plaintiff's counsel's email and voice messages about the 6 proposed stipulation and order. (Ex. A at ¶¶ 2-3). Nevertheless, the parties have 7 mutually agreed to all extensions in the matter to date. 8 This is the first request for an extension. of this deadline since the close of 9 discovery. (Ex. A at ¶ 4). An extension is necessary because the parties are still to currently waiting on Plaintiff's deposition transcript. (Ex. A at ¶ 4). Once received, it 11 is likely that Plaintiff will have near the end of December to review and make any 12 corrections. (Ex. A at ¶ 4). Additionally, Defendant's counsel will be on vacation 13 during the Christmas holiday and is not returning to the United States until the second 14 week in January 2016. (Ex. A at ¶ 4). 0 a ~~ p; o ~~~ ~~ ~' ~ z is w ~ ° ~ ~> 16 For good cause shown, and not for delay, Defendant requests that it Motion be granted. ~a 0 o 17 DATED this 25t~' day of November 2015. M IS FISHER &PHILLIPS LLP 19 20 /s/David B. Dornak David B. Dornak, Esq. Attorney for Defendant 21 22 ORDER 23 IT IS SO ORDERED. DATED this _____ day of November,2015. December 2015. 24 25 26 _____________________________ Lloyd D. George Sr. U.S. District Judges 27 28 '~ FPDOCS 31260175.1 -2- Case 2:14-cv-01671-LDG-VCF Document 20 Filed 11/25/15 Page 4 of 5 1 2 3 AFFIDAVIT OF DAVID B. DORNAK STATE OF NEVADA ) ss. COUNTY OF CLARK) 4 5 David B. Dornak, being first duly sworn, deposes and says: 6 1. 7 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 8 make this Affidavit in support of Defendant's Motion To Extend Dispositive Motion 9 to Deadline. 11 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 13 expressed no objections to such extension, because we have previously worked together 14 in agreeing to other extensions in this matter. is 12 3. After discovery ended, I sent Mr. Balaban a proposed stipulation and 16 order to extend dispositive motion deadline on November 22, 2015. I also left Mr. 17 1s Balaban a voice message notifying him that I sent the proposed stipulation and order to 19 him. I then attempted to contact Mr. Balaban on November 23, 24 and 25, 2015, but 'I 20 was unable to reach him, I also sent another email asking Mr. Balaban to contact me if 21 he had any objections. To date, I have not been able to reach Mr. Balaban, who appears 22 to be unavailable due to the Thanksgiving holiday. 23 4. This is the first request for an extension of this deadline since the close 24 of discovery. An extension is necessary because the parties are still currently waiting 25 26 27 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. 28 FPDOCS 31260199.1 Additionally, Case 2:14-cv-01671-LDG-VCF Document 20 Filed 11/25/15 Page 5 of 5 1 Defendant's counsel will be on vacation during the Christmas holiday and is not 2 returning to the United States until the second week in January 2016. 3 DATED this 25th day of November 2015. 4 5 ~~ ~ ~ ~..., 6 Y~avid B. Dornak, Esq. 7 8 SUBSCRIBED AND SWORN to before me by David B. Dornak this 25th day of November 2015. 9 ,. io ~t ~ J. ~; ~~ 2fc~~.~ OTARY PUBL ' 12 ~`~''~ss IORRAINE JAMES-NEWMAN J< i % Notary Public-State of Nevada APPT. NO. 06-102662-1 13 s .~ My App. Expires December 13, 2017 14 is l6 17 I8 19 20 21 22 23 24 25 26 27 28 ~►~ FPDOCS 31260199.1

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