Slack et al v. Parball Newco LLC et al

Filing 70

ORDER Granting 69 Stipulation to Modify and Extend Deadlines (First Request). Discovery due by 3/30/2018. Motions due by 4/30/2018. Signed by Magistrate Judge Carl W. Hoffman on 12/4/2017. (Copies have been distributed pursuant to the NEF - SLD)

Download PDF
Case 2:16-cv-02324-KJD-CWH Document 69 Filed 12/01/17 Page 1 of 4 6 LEON GREENBERG Nevada Bar No.: 8094 DANA SNIEGOCKI Nevada Bar No.: 11715 Leon Greenberg Professional Corporation 2965 South Jones Boulevard - Suite E3 Las Vegas, Nevada 89146 (702) 383-6085 (702) 385-1827(fax) 7 Attorneys for Plaintiffs 1 2 3 4 5 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 15 16 17 18 19 20 21 WILLIAM SLACK, HARRY STROCK, and EDWARD CHAMPA Individually and on behalf of others similarly situated, Plaintiffs, STIPULATION AND ORDER TO MODIFY AND EXTEND DEADLINES IN DISCOVERY PLAN AND SCHEDULING PARBALL NEWCO LLC dba BALLY’S, PARBALL CORP., ORDER PARBALL LLC, PHWLV, LLC dba (FIRST REQUEST) PLANET HOLLYWOOD LAS VEGAS RESORT AND CASINO, and “JOHN DOE CORPORATIONS” 1 to 50, name fictitious, actual name and number unknown, vs. Defendants. 22 23 24 25 26 27 28 Case No. 2:16-cv-02324-KJD-CWH The parties, by and through their counsel of record, hereby stipulate and agree to the following: 1. The parties’ Joint Discovery Plan and Scheduling Order was entered by the Court on April 7, 2017. ECF No. 51. 2. The parties request that the Court enter an order extending the remaining deadlines by 30 days, including the deadlines for expert disclosures, 1 Case 2:16-cv-02324-KJD-CWH Document 69 Filed 12/01/17 Page 2 of 4 1 rebuttal expert disclosures, dispositive motions, class certification and 2 decertification motions, and discovery. 3 DISCOVERY COMPLETED 4 3. Since the discovery period opened, the parties have exchanged written 5 discovery requests and responses. The plaintiffs have served four sets of requests 6 for the production of documents and five sets of interrogatories. Defendants have d 7 responded to all written discovery, except plaintiffs’ Fifth Set of Interrogatories for 8 which the deadline to respond is December 29, 2017. 9 Defendants have served one set of requests for the production of documents 10 and one set of interrogatories on each of the 83 plaintiffs who have submitted a 11 consent to join this lawsuit. The named plaintiffs have responded to defendants’ 12 discovery requests; however, none of the opt-in plaintiffs have served responses. 13 Defendants have also noticed the depositions of three opt-in plaintiffs. The opt-in 14 plaintiffs refused to appear for deposition. In July and September 2017, defendants 15 filed motions to compel written discovery responses and depositions. The motions 16 are fully briefed and pending before the Court. See ECF Nos. 53, 62. 17 DISCOVERY THAT REMAINS TO BE COMPLETED 18 4. The deadline for defendants to respond to plaintiffs’ Fifth Set of 19 Interrogatories is December 29, 2017. Plaintiffs’ counsel has been conferring in 20 writing and via phone with defendants’ counsel over the last two months regarding 21 defendants’ responses to certain of plaintiffs’ prior discovery requests. Plaintiffs 22 anticipate having to file a motion to compel proper discovery responses in the near 23 future if the parties are unable to resolve their ongoing discovery dispute. Plaintiffs 24 also anticipate that additional written discovery requests may be required once the 25 parties or the Court resolves the ongoing discovery disputes. Finally, plaintiffs 26 anticipate noticing depositions of defendants, including a Fed. R. Civ. P. 30(b)(6) 27 deposition. 28 2 Case 2:16-cv-02324-KJD-CWH Document 69 Filed 12/01/17 Page 3 of 4 1 5. Defendants intend to take the three opt-in plaintiff depositions they 2 have already noticed, subject to the ruling of the Court on their motion to compel 3 these depositions. Defendants reserve the right to take up to an additional seven 4 opt-in plaintiff depositions. And defendants have previously reserved the right to 5 take the depositions of all trial witnesses whose deposition has not previously been 6 taken in the litigation. 7 WHY THE DEADLINES SHOULD BE EXTENDED 8 6. Because of plaintiffs’ perceived deficiencies in defendants’ responses 9 to their written discovery requests, plaintiffs believe they do not have the materials 10 necessary for an expert to conduct a proper analysis in this matter. Plaintiffs have 11 also been denied discovery pertaining to the absent members of the Rule 23 class, 12 and defendants have only provided discovery pertaining to the 83 persons who have 13 submitted consents to join the FLSA action. Accordingly, plaintiffs believe that no 14 expert report can be furnished as to the damages for the entire Rule 23 class without 15 defendants producing materials for all Rule 23 class members. 16 7. Decisions on defendants’ motions to compel discovery will affect the 17 timing of further discovery. Defendants do not oppose plaintiffs’ request to extend 18 the deadlines in this action. 19 PROPOSED SCHEDULE 20 8. The parties propose the following extended schedule: 21 22 EVENT CURRENT DEADLINE NEW DEADLINE 23 Discovery Cut-Off Date February 28, 2018 March 30, 2018 24 Expert Disclosures December 22, 2017 January 22, 2018 25 Rebuttal Expert January 19, 2018 February 19, 2018 26 Disclosures 27 28 3 Case 2:16-cv-02324-KJD-CWH Document 69 Filed 12/01/17 Page 4 of 4 1 2 3 Dispositive Motions March 30, 2018 April 30, 2018 1 Motions for Class April 19, 2018 May 21, 2018 Certification 4 5 6 7 8 9 9. This is the parties’ first request to extend the foregoing deadlines. The parties believe such extensions are necessary to allow the parties to properly complete discovery, including depositions and expert disclosures. Accordingly, such request to extend the deadlines is made in good faith and not for the purpose of delay. 10 11 12 13 14 15 Date: December 1, 2017 Date: December 1, 2017 Leon Greenberg Prof. Corp. By: /s/ Leon Greenberg Leon Greenberg Dana Sniegocki Attorneys for plaintiffs AKIN GUMP STRAUSS HAUER & FELD, LLP /s/ Joel M. Cohn Joel M. Cohn Allison S. Papadopoulos Attorneys for defendants 16 17 18 IT IS SO ORDERED. 19 20 December 4, 2017 ___________________________ United States Magistrate Judge ___________ Date 21 22 23 24 25 26 27 28 1 The parties agree that if a motion for class certification has been filed but not yet decided, the deadline for filing dispositive motions will be 45 days after the Rule 23 motion is decided. 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?