Browne v. Eldorado Resorts Corporation et al

Filing 43

ORDER Granting 42 Stipulation to Extend Time to File Dispositive Motions and Responses and Replies thereto. See Order for deadlines. Signed by Judge Richard F. Boulware, II on 4/11/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:15-cv-02328-RFB-PAL Document 42 Filed 04/10/17 Page 1 of 5

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ANTHONY L. MARTIN
Nevada Bar No. 8177
[e-mail]
JILL GARCIA
Nevada Bar No. 7805
[e-mail]
AMY HOWARD
Nevada Bar No. 13946
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Wells Fargo Tower
3800 Howard Hughes Parkway, Suite 1500
Las Vegas, NV 89169
Telephone: [phone] / Fax: [phone]

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Attorneys for Defendants Eldorado Resorts Corporation,
Michael Marrs, Kristen Beck, and Dominic Taleghani

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Santovito Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA
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ELAINE P. BROWNE,
Plaintiff,

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vs.

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ELDORADO RESORTS CORPORATION, a
Florida Corporation; MICHAEL MARRS;
KRISTEN BECK; DOMINIC TALEGHANI;
and DOES 1-50, inclusive,

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Case No.: 2:15-cv-02328-RFB-PAL
STIPULATION AND ORDER TO
EXTEND TIME TO FILE DISPOSITIVE
MOTIONS AND RESPONSES AND
REPLIES THERETO
(FIRST REQUEST)

Defendants.

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Pursuant to LR IA 6-1, LR IA 6-2, and LR 26-4, Plaintiff Elaine Browne (“Plaintiff”) and

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Defendants Eldorado Resorts Corporation (“Eldorado”), Michael Marrs (“Marrs”), Kristen Hayde

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(formerly known as Beck) (“Hayde”), and Dominic Taleghani (“Taleghani”) (collectively

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“Defendants”), by and through their undersigned counsel, hereby stipulate and agree to this first

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request for extension of time for the parties to file dispositive motions in this action, along with
related responses and replies. Pursuant to the Court's March 31, 2017, Order for Extension of

Case 2:15-cv-02328-RFB-PAL Document 42 Filed 04/10/17 Page 2 of 5

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Discovery Deadlines (ECF No. 41), the current deadline for filing dispositive motions in this case

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is June 22, 2017. The parties have completed all discovery in this matter and good cause exists for

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the proposed extension based upon the following:

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As the Court is aware, this case is one of over thirty related lawsuits sitting before this

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Court. Recognizing the complexity of litigating these lawsuits simultaneously, the parties agreed
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to divide the cases into five groups and stagger deadlines in order to streamline the litigation
process and avoid overlapping dispositive motion deadlines. On March 30, 2017, the parties

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agreed to a comprehensive briefing schedule for dispositive motions in the remaining groups of

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Santovito Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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cases. (ECF No. 40.) The current status of the comprehensive briefing schedule is as follows:
Group III(A)


Defendants shall file dispositive motions by February 27, 2017.



Plaintiffs shall file oppositions by March 29, 2017.



Defendants shall file replies by April 28, 2017.

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Group III(B)

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

Defendants shall file dispositive motions by March 23, 2017.

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

Plaintiffs shall file oppositions by April 24, 2017.



Defendants shall file replies by May 24, 2017.

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Group IV(A)

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

Defendants shall file dispositive motions by April 13, 2017.

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

Plaintiffs shall file oppositions by May 12, 2017.

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

Defendants shall file replies by June 13, 2017.

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Group IV(B)


Defendants shall file dispositive motions by June 6, 2017.



Plaintiffs shall file oppositions by July 6, 2017.

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Case 2:15-cv-02328-RFB-PAL Document 42 Filed 04/10/17 Page 3 of 5

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

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Group V

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

Defendants shall file dispositive motions by June 22, 2017.



Plaintiffs shall file oppositions by July 24, 2017.



Defendants shall file replies by August 23, 2017.

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Defendants shall file replies by August 7, 2017.

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In compliance with that stipulation, Defendants filed Motions for Summary Judgment on

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February 27, 2017, in Barnes v. Eldorado Resorts Corp., Case No.: 2:15-cv-01026-RFB-PAL

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(ECF No. 60); Kaplan v. Eldorado Resorts Corp., Case No.: 2:15-cv-01015-RFB-PAL (ECF No.

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57); D. Parr v. Eldorado Resorts Corp., Case No.: 2:15-cv-01028-RFB-PAL (ECF No. 50); and
Scheinberg v. Eldorado Resorts Corp., Case No.:

2:15-cv-01031-RFB-PAL (ECF No. 63).

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Santovito Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Unilaterally and without notice to defense counsel, on the day before oppositions were due,
Plaintiffs filed a request for an extension to file oppositions to the Motions for Summary Judgment

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on March 28, 2017, in the foregoing cases: Barnes v. Eldorado Resorts Corp., Case No.: 2:15-cv-

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01026-RFB-PAL (ECF No. 63); Kaplan v. Eldorado Resorts Corp., Case No.: 2:15-cv-01015-

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RFB-PAL (ECF No. 60); D. Parr v. Eldorado Resorts Corp., Case No.: 2:15-cv-01028-RFB-PAL

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(ECF No. 53); and Scheinberg v. Eldorado Resorts Corp., Case No.: 2:15-cv-01031-RFB-PAL

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(ECF No. 66), seeking to extend the current filing date of March 29, 2017, to April 12, 2017. This
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request remains pending before the Court. Due to this delay, the entire comprehensive briefing

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schedule has been impacted, causing overlapping and unreasonable deadlines. The delays will

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make it difficult to comply with the current briefing schedules for the remaining matters.

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...

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...

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...

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...
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Case 2:15-cv-02328-RFB-PAL Document 42 Filed 04/10/17 Page 4 of 5

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Accordingly, the parties hereby stipulate to adjust the briefing schedule in the manner

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presented below in an effort to allow the parties to comply with the briefing schedule in a

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reasonable manner as follows:

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Group III(A)


Plaintiffs shall file oppositions by April 12, 2017.



Defendants shall file replies by May 12, 2017.

Group III(B)


Plaintiffs shall file oppositions by May 8, 2017.

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

Defendants shall file replies by June 7, 2017.

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Group IV(A)

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Santovito Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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

Defendants shall file dispositive motions by May 31, 2017.

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

Plaintiffs shall file oppositions by June 30, 2017.

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

Defendants shall file replies by July 31, 2017.

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Group IV(B)


Defendants shall file dispositive motions by June 21, 2017.



Plaintiffs shall file oppositions by July 21, 2017.



Defendants shall file replies by August 21, 2017.

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Group V

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

Defendants shall file dispositive motions by August 30, 2017.

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

Plaintiffs shall file oppositions by September 29, 2017.



Defendants shall file replies by October 30, 2017.

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As relevant to this matter, the parties have agreed that the dispositive motion deadlines should

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be extended as follows:



Defendants shall file their dispositive motion no later than August 30, 2017;

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Case 2:15-cv-02328-RFB-PAL Document 42 Filed 04/10/17 Page 5 of 5

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

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Plaintiff shall file any response to Defendants’ dispositive motion no later than
September 29, 2017;



Defendants shall file their reply no later than October 30, 2017 (as the 30th day is

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Sunday, October 29, 2017).
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This stipulation is not brought for purposes of delay or any other improper purpose.

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Dated this 10th day of April, 2017.

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WATKINS & LETOFSKY, LLP

OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.

/s/ Daniel R. Watkins
Daniel R. Watkins
Brian S. Letofsky
8215 S. Eastern Avenue
Suite 265
Las Vegas, NV 891123
Attorneys for Plaintiff Raymond Coury

/s/ Jill Garcia
Anthony L. Martin
Jill Garcia
Amy Howard
3800 Howard Hughes Parkway
Suite 1500
Las Vegas, NV 89169
Attorneys for Defendants Eldorado Resorts
Corporation, Michael Marrs, Kristen Beck and
Dominic Taleghani

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Santovito Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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ORDER

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IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE
DATED: April 11, 2017

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