Shipman v. NAV-LVH Casino, LLC

Filing 35

ORDER granting 34 Stipulation; Discovery due by 8/1/2018. Motions due by 8/31/2018. Proposed Joint Pretrial Order due by 9/30/2018. Signed by Magistrate Judge Carl W. Hoffman on 6/13/2018. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6
7
8
9
10

PHILLIP A. SILVESTRI
Nevada Bar No. 11276
GREENSPOON MARDER LLP
3993 Howard Hughes Pkwy, #400
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
MYRNA L. MAYSONET
CHERISH A BENEDICT
(Admitted Pro Hac Vice)
GREENSPOON MARDER LLP
201 East Pine St., Suite 500
Orlando, Florida 32801
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

11
12

Attorneys for Defendant

13

UNITED STATES DISTRICT COURT

14

DISTRICT OF NEVADA

15
16
17
18
19
20
21
22
23
24

MELVIN SHIPMAN,

)
)
)
)
Plaintiff,
)
)
vs.
)
)
NAV-LVH CASINO, LLC dba WESTGATE )
)
LAS VEGAS RESORT & CASINO, a Nevada )
Limited Liability Company,
)
)
)
Defendant.
)
)
)

CASE NO. 2:16-cv-02722-JCM-CWH
STIPULATION AND REQUEST TO
EXTEND DISCOVERY AND OTHER
DEADLINES
(Fifth Request)

25

COME NOW, Plaintiff, named above, by and through his counsel of record, MICHAEL P.

26

BALABAN, ESQ., and Defendant, named above, by and through its attorneys of record, MYRNA

27
28

L. MAYSONET, ESQ., CHERISH A BENEDICT, ESQ., and PHILLIP A. SILVESTRI, ESQ.,
pursuant to Local Rule 26-4, and herein stipulate, agree and make joint application to extend the

1
35188546.1

1

discovery cut-off and related dates for a period of thirty (30) days up to and including August 1,

2

2018. The present discovery cut-off date is July 2, 2018, and no calendar call date or trial date has

3

been set.

4

The parties attempted to make this request in accordance with LR 26-4 and the prior

5

scheduling Order, which provides that requests for further discovery extensions must be made no

6

later than twenty-one (21) days before the existing discovery cut-off date, or, here, by June 11,

7
8
9

2018. Due to communication delays, the parties were unable to agree to terms of the extension
until approximately midnight on June 11, 2018. The parties submit this request as soon as
practicable after agreement. This is the fifth request for an extension.

10

The parties have completed written discovery and are in the process of scheduling

11
12
13
14
15

depositions. A number of key witnesses have moved and/or are no longer working for defendant.
Witnesses have also moved out of state. While the parties are in the process of locating the
witnesses, it has taken more time than anticipated. The parties have agreed to conduct several
depositions prior to the current close of discovery, however. Counsel for both parties have other

16

cases before this Court, which involve overlapping witnesses to some extent and, thus, the

17

attorneys for both parties are coordinating the scheduling of the depositions in such cases to

18

minimize the burden on the witnesses and travel for out-of-state counsel.

19

The parties and their attorneys have diligently worked to complete discovery as

20

expediently as possible and will continue to try to complete the remaining discovery in as

21

expedient a manner as possible.

22

Given the above, the parties request that the discovery period be extended as follows:

23

Activity

Former Date

Requested Date

24

Discovery Cut-Off Date

07/02/18

08/01/18

25

Dispositive Motions

07/31/18

08/31/18

Pretrial Order

08/28/18

09/30/181

26
27
28

1

Or 30 days after the decision on the last dispositive motion.

2
35188546.1

1

In accordance with LR 26-4 the parties understand that any further requests for discovery

2

extensions must be made no later than twenty-one (21) days before the new proposed discovery

3

cut-off date of August 2, 2018, or no later than twenty-one (21) days before any other deadline

4
5

sought to be extended.

6

DATED this 12th day of June, 2018.

7

Law Offices of Michael P. Balaban

Greenspoon Marder LLP

8

/s/ Michael P. Balaban
Michael P. Balaban, Esq.
Nevada Bar No. 9370
Law Offices of Michael P. Balaban
10726 Del Rudini Street
Las Vegas, NV 89141
Tel: [phone]
Fax: [phone]

/s/ Myrna L. Maysonet
MYRNA L. MAYSONET
Florida Bar No.: 0429650
CHERISH A BENEDICT
Florida Bar No. 99073
201 East Pine Street, Suite 500
Orlando, FL 32801
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant

9
10
11
12
13

Attorneys for Plaintiffs

14
15
16

20

Phillip A. Silvestri, Esq.
Nevada Bar No. 11276
GREENSPOON MARDER LLP
3993 Howard Hughes Pkwy., Ste. 400
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]

21

Attorneys for Defendant

22

IT IS SO ORDERED

17
18
19

23

______________________________
UNITED STATES MAGISTRATE JUDGE

24
25

June 13, 2018
DATED: ______________

26
27
28

3
35188546.1