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

Filing 352

ORDER Scheduling Trial and Briefing on Motions in Limine. Jury Trial set for 9/28/2021 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Any second revised joint pretrial order must be filed by June 17, 2021. Signed by Judge Jennifer A. Dorsey on 6/10/2021. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 Aerodynamics Incorporated and ADI
Holdings Company, Inc.,
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Plaintiffs
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v.
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Caesars Entertainment Operating Company,
7 et al.,
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Case No.: 2:15-cv-01344-JAD-BNW

Order Scheduling Trial and Briefing on
Motions in Limine

Defendants

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Plaintiffs Aerodynamics Incorporated and ADI Holdings Company, Inc. recently filed a

10 fourth response to my order denying their request to voluntarily dismiss bankrupt defendant Via
11 Airlines, Inc. under Federal Civil Procedure Rule 41. 1 Although plaintiffs renewed their request
12 to voluntarily dismiss Via Airlines in their third response, 2 they have since sought and obtained
13 clarification from the bankruptcy court in Via Airlines’ bankruptcy that the discharge injunction
14 under 11 U.S.C. § 524, 1141 prohibits that action. 3 So plaintiffs ask me to set this matter for
15 trial, with Via Airlines participating, if at all, only as a nominal defendant as permitted under the
16 bankruptcy court’s order. 4 No defendant has filed a reply to plaintiffs’ fourth response, and the
17 parties’ revised proposed joint pretrial order and stipulation and proposed scheduling order for
18 briefing motions in limine are ripe for determination. 5
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ECF No. 351.

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ECF No. 348 at 2–3.

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ECF No. 351-1 (bankruptcy court’s order).

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ECF No. 351.

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See ECF No. 316.

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The parties stipulate that motions in limine will be due 75 days before trial, responses 45

2 days, and any reply allowed by the court 30 days before trial. This schedule is acceptable. This
3 action is scheduled for a jury trial on the September 28, 2021, trial stack. The parties are
4 directed to meet and confer and determine if they need to file a second revised pretrial order to
5 address the fact that Via Airlines will participate, if at all, only in a nominal capacity. Any
6 second revised joint pretrial order must be filed by June 17, 2021. Otherwise, the court will
7 update the parties’ current revised joint pretrial order at ECF No. 311 with the dates set and
8 approved in this order and enter it on the docket.
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_______________________________
U.S. District Judge Jennifer A. Dorsey
June 10, 2021

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