CG Technology Development, LLC et al v. FanDuel, Inc.

Filing 97

ORDER extending time for initial disclosures to 12/23/2016. Signed by Magistrate Judge Cam Ferenbach on 12/21/2016. (Docketed only in base case, to which all member case counsel have been added.) (Copies have been distributed pursuant to the NEF - KR)

Cayla Witty
Nevada State Bar. No. 12897
LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 South Rainbow Blvd. Suite 600
Las Vegas, NV 89118
Telephone: [phone]
Email: [e-mail]
William M. Gantz (Admitted pursuant to LR IA 11-2)
David R. Metzger (Admitted pursuant to LR IA 11-2)
DENTONS US LLP
233 South Wacker Drive, Suite 5900
Chicago, IL 60606-6361
Telephone; 312-876-8000
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant 888 Holdings PLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
CG TECHNOLOGY DEVELOPMENT, LLC,
INTERACTIVE GAMES LIMITED, and
INTERACTIVE GAMES LLC
Plaintiffs,
v.
888 HOLDINGS PLC,

Case No. 2:16-cv-00801-RCJ-VCF
Case No. 2:16-cv-00856-RCJ-VCF
(Consolidated)
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR
INITIAL DISCLOSURES UNDER
PROPOSED DISCOVERY PLAN AND
SCHEDULING ORDER, ECF 80

Defendant.
(First Request)

Plaintiffs CG Technology Development, LLC (“CG Tech”), Interactive Games Limited (“IG
Limited”), and Interactive Games LLC (“IG LLC”) (collectively “Plaintiffs”), and Defendant 888
Holdings PLC (“Defendant”), by and through their undersigned counsel, hereby agree to extend the
period for production of initial disclosures pursuant to FRCP 26.1 for a period of three (3) days, up to
and including December 23, 2016. In support of this Stipulation and request, the parties state as follows:
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DISCOVERY PLANNED
1.

Plaintiffs filed their First Amended Complaint for Patent Infringement on July 11, 2016

(ECF No. 19).
2.

On August 12, 2016, Defendant filed a Motion to Dismiss all counts of the First

Amended Complaint under Fed. R. Civ. P 12(b)(6) (ECF No. 23).
3.

On December 6, 2016, this Court entered in part and denied in part Defendant’s motion.

(CG Technology Development, LLC et al. v. 888 Holdings PLC, 2:16-cv-00856-RCJ-VCF, ECF No.
54).
4.

On December 9, 2016, the parties entered a Proposed Discovery Plan and Scheduling

Order, ECF 80. Pursuant to this filing, the parties were to exchange initial disclosures on December 20,
2016.
REASONS FOR EXTENSION
Defendant 888 Holdings LPC must coordinate with individuals outside the United States to
provide the information required for initial disclosures under the rules. Defendant has been diligent in
coordinating with these individuals, but is restricted by religious observance and the differing time
zones.
PROPOSED SCHEDULE FOR DISCOVERY
The following is a list of the single discovery-related dates and proposed extension:
Scheduled Event
Initial Disclosures

Current Deadline

Proposed Deadline

December 20, 2016

December 23, 2016

Extension or Modification of The Discovery Plan and Scheduling Order.

LR 26-4 governs

modifications or extension of a discovery plan and scheduling order. Any stipulation or motion must be
made no later than twenty-one (21) days before the expiration of the subject deadline, and a request
made within 21 days of the subject deadline must be supported by a showing of good cause. Any
stipulation or motion for an extension of the discovery plan and scheduling order must comply fully with
LR 26-4.
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The parties are requesting an extension of the discovery deadline within the twenty-one (21) day
period as set forth in LR 26-4. As such, the parties submit that good cause exists to permit granting the
instant requested extension. The Scheduling Order has not yet been entered in this matter, and the date
for initial disclosures will only be extend by three days. Moreover, the parties continue to cooperate on
all other discovery related matters and pursue the remaining deadlines as set forth in ECF 80. The
parties are acting in good faith to complete discovery. Further, this extension request is made in good
faith, jointly by the parties, and not for the purposes of delay. Trial in this matter has not yet been set.
Moreover, since this request is a joint request, and both parties will be allowed the three day extension,
neither party will be prejudiced.
This is the first request for extension of time in this matter. The parties respectfully submit that
the reasons set forth above constitute compelling reasons for the short extension. Nothing contained
herein shall be deemed an admission or waiver of any right belonging to any party hereto.
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WHEREFORE, the parties respectfully request that this Court extend the period to exchange
initial disclosures by three days (3) from the current deadline of December 20, 2016 up to and
including December 23, 2016.
IT IS SO STIPULATED:
DATED this 19th day of December 2016.

DATED this 19th day of December 2016.

/s/ Cayla Witty

/s/ Erica J. Chee

__________________________________
Cayla Witty
Nevada Bar. No. 12897
LEWIS BRISBOIS BISGAARD & SMITH
LLP
6385 South Rainbow Blvd., Suite 600
Las Vegas, NV 89118
Telephone: [phone]
[e-mail]

__________________________________
Molly M. Rezac
Nevada Bar No. 7435
Erica J. Chee
Nevada Bar No. 12238
OGLETREE, DEAKINS, NASH, SMOAK
&STEWART, P.C.
3800 Howard Hughes Parkway, Suite 1500
Las Vegas, NV 89169

William M. Gantz (pursuant to LR IA 11-2)
David R. Metzger (pursuant to LR IA 11-2)
DENTONS US LLP
233 South Wacker Drive, Suite 5900
Chicago, IL 60606-6361
Telephone: [phone]
[e-mail]
[e-mail]

FINNEGAN, HENDERSON, FARABOW,
GARRETT &DUNNER, LLP
Robert F. Shaffer (Admitted Pro Hac Vice)
James R. Barney (Admitted Pro Hac Vice)
Anthony D. Del Monaco (Admitted Pro Hac
Vice)
901 New York Avenue, NW
Washington, DC 20001-4413
Telephone: [phone]

Attorney for Defendant 888 Holdings PLC
Attorneys for Plaintiffs CG Technology
Development, LLC; Interactive Games Limited;
and Interactive Games LLC

IT IS SO ORDERED:
_____________________________
UNITED STATES MAGISTRATE JUDGE
December
DATED this 21s day of ________, 2016.
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