Aerodynamics Incorporated et al v. Caesars Entertainment Operating Company, Inc. et al

Filing 298

ORDER Granting 297 Stipulation to Extend Deadline re Joint Pretrial Order. Proposed Joint Pretrial Order due by 4/19/2019. Signed by Magistrate Judge Peggy A. Leen on 2/19/2019. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-01344-JAD-PAL Document 297 Filed 02/15/19 Page 1 of 5

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BUCHALTER
A Professional Corporation
C. DANA HOBART, ESQ. (CA SBN: 125139) (Admitted Pro Hac Vice)
1000 Wilshire Boulevard, Suite 1500
Los Angeles, CA 90017
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
HEJMANOWSKI & McCREA
PAUL HEJMANOWSKI, ESQ. (NV SBN: 94)
CHARLES MCCREA, ESQ. (NV SBN: 104)
520 South Fourth Street, Suite 320
Las Vegas, NV 89101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs,
Aerodynamics Incorporated and
ADI Holdings Company, Inc.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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16 AERODYNAMICS INCORPORATED, a
Michigan corporation; ADI HOLDINGS
17 COMPANY INC., a Georgia corporation,
Plaintiffs,

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vs.

20 CAESARS ENTERTAINMENT OPERATING
COMPANY, INC., a Delaware corporation;
21 STEVEN MARKHOFF, an individual;
INTERNATIONAL MANAGEMENT
22 SOLUTIONS LLC, a Delaware corporation; VIA
AIRLINES, INC., a Colorado corporation; VIA
23 AIR, LLC, a Delaware corporation; and AMOS
VIZER, an individual,
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Defendants.
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BUCHALTER
A PROFESSIONAL CORPORATION
LOS ANGELES

Case No. 2:15-cv-1344-JAD-PAL
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE FOR
PARTIES TO SUBMIT JOINT PRETRIAL
ORDER

Case 2:15-cv-01344-JAD-PAL Document 297 Filed 02/15/19 Page 2 of 5

Plaintiffs Aerodynamics Incorporated and ADI Holdings Company, Inc. (collectively

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“Plaintiffs”), by and through their undersigned counsel, and Defendants Caesars Entertainment

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Operating Company, Inc., Steven Markhoff, International Management Solutions, LLC, Via

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Airlines, Inc., Via Air, LLC, and Amos Vizer (collectively “Defendants”), by and through their

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respective undersigned counsel, hereby state as follows:
WHEREAS, on November 7, 2019, the Court issued its Sealed Order Granting in Part

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Motions for Summary Judgment (ECF No. 291) (the “Order”) in connection with Motions for

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Summary Judgment filed by Defendants (the “Motions”);
WHEREAS, the Order (i) referred this case to a magistrate judge for a Mandatory

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Settlement Conference (“MSC”) and (ii) stayed the parties’ obligation to file a Joint Pretrial

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Order until 10 days after the MSC (ECF No. 291, at 21:16-17);
WHEREAS, on February 6, 2019, the parties participated in an MSC with the Honorable

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Peggy A. Leen, Magistrate Judge (see ECF No. 296);
WHEREAS, none of the parties were able to reach a settlement at the MSC (see ECF No.

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296);
WHEREAS, pursuant to the Order, the deadline for the parties to file their Joint Pretrial

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Order therefore is Tuesday, February 19, 2019;
WHEREAS, Plaintiffs and Defendants are currently in the process of analyzing numerous

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depositions and thousands of pages of documents, synthesizing legal theories and arguments

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(guided, in part, by the Court’s findings set forth in the Order), and identifying exhibits for the

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purpose of fulfilling their requirements under LR 16-3, and filing their Joint Pretrial Order in

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accordance with LR 16-4;
WHEREAS, given the factual and legal complexities of this case; counsels’ need to fully

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re-familiarize themselves with all matters relating to this case1; and the parties’ shared interest by

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BUCHALTER
A PROFESSIONAL CORPORATION
LOS ANGELES

The final briefing for the Motions was filed under seal by Defendants in June 2017. In April
2018, the parties, pursuant to the Court’s order, filed redacted versions of certain of that briefing.
Otherwise, since June 2018, the parties have not litigated the merits of the dispute, as discovery
had been completed and the Court’s ruling on the Motions was pending. Thereafter, the parties
turned their attention to the MSC. Although this required the parties to re-familiarize themselves
with various elements of the case, it did not require, including in order to spare party expense, the
same efforts required to prepare for trial and to file a Joint Pretrial Order.
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Case 2:15-cv-01344-JAD-PAL Document 297 Filed 02/15/19 Page 3 of 5

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the Joint Pretrial Order to, where possible, limit disputed matters, coordinate witnesses and

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evidence, and simplify matters for a jury trial, Plaintiffs and Defendants believe it would be in the

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interests of judicial efficiency and economy to continue the deadline for the parties to submit a

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Joint Pretrial Order to April 19, 2019 (or May 17, 2019 as requested by the Via Defendants), or

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thereafter, at the Court’s discretion; and

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WHEREAS, in addition to giving Plaintiffs and Defendants sufficient time to give due

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attention to meeting and conferring, and preparing a Joint Pretrial Order, some counsel for the

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parties have scheduling conflicts that will interfere with achieving this, including because trial

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counsel for the Via Defendants recently formed a new law firm (January 1, 2019) and is in the

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process of significant administrative obligations, relocating office space to new locations, he is

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out of the country from March 13-25, 2019, and has a final arbitration hearing scheduled for the

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end of April. As a result, the Via Defendants respectfully request to be afforded until May 17,

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2019 in order to properly prepare and submit a Joint Pretrial Order. Moreover trial counsel for

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Caesars Entertainment Operating Company, Inc. is scheduled to be in trial from March 4, 2019

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the second week of April, 2019.

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///

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///

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BUCHALTER
A PROFESSIONAL CORPORATION
LOS ANGELES

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Case 2:15-cv-01344-JAD-PAL Document 297 Filed 02/15/19 Page 4 of 5

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IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the

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parties, that the joint pretrial report will be due on April 19, 2019 (or May 17, 2019 as requested

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by the Via Defendants), or thereafter, in the Court’s discretion.

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Dated this 15th day of February 2019

Dated this 15th day of February 2019
BUCHALTER, A Professional Corporation

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PISANELLI BICE PLLC

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By: /s/
James J. Pisanelli, Esq., Bar No. 4027
Debra L. Spinelli, Esq., Bar No. 9695
M. Magali Mercera, Esq., Bar No. 11742
Emily A. Buchwald, Esq., Bar No. 13442
400 South 7th Street, Suite 300
Las Vegas, NV 89101
Attorneys for Caesars Entertainment
Operating Company, Inc.

By: /s/
C. Dana Hobart, Esq. (CA SBN: 125139)

Dated this 15th day of February 2019
BROWNSTEIN HYATT FARBER SCHRECK, LLP

Dated this 15th day of February 2019
KOLESAR & LEATHAM,

By: /s/
Frank M. Flansburg III, Esq., Bar No. 6974
Troy P. Domina, Esq., Bar No. 13862
100 North City Parkway, Suite 1600
Las Vegas, NV 89106
Attorneys for Defendants Steven Markhoff and
International Management Solutions LLC

By: /s/
Matthew T. Dushoff, Esq., Bar No. 4975
400 S. Rampart Blvd., Suite 400
Las Vegas, Nevada 89145

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HEJMANOWSKI & McCREA
PAUL HEJMANOWSKI, ESQ. (NV SBN:
94)
CHARLES MCCREA, ESQ. (NV SBN: 104)
520 South Fourth Street, Suite 320
Las Vegas, NV 89101
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs

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BITMAN O'BRIEN & MORAT, PLLC
Ronnie J. Bitman, Esq., FL Bar No. 744891
(admitted pro hac vice)
255 Primera Blvd., Suite 128
Lake Mary, FL 32746
Attorneys for Defendants Via Airlines, Inc.,
Via Air, LLC, and Amos Vizer

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BUCHALTER
A PROFESSIONAL CORPORATION
LOS ANGELES

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Case 2:15-cv-01344-JAD-PAL Document 297 Filed 02/15/19 Page 5 of 5

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ORDER

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Pursuant to the foregoing stipulation, the parties shall file their Joint Pretrial Order,

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pursuant to United States District Court, District of Nevada’s Local Rules of Practice, Rules16-3

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April 19
and 16-4, no later than _______________________, 2019.

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____________________________________________

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February 19, 2019
DATED: ____________________________________

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CASE NO. 2:15-cv-01344-JAD-PAL

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BUCHALTER
A PROFESSIONAL CORPORATION
LOS ANGELES

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