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)

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
[phone]
[phone](fax)
[e-mail]
[e-mail]

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