Kachur v. NAV-LVH Casino, LLC

Filing 29

ORDER Granting 28 Stipulation to Extend Discovery and Other Deadlines (Third Request). Discovery due by 6/4/2018. Motions due by 7/2/2018. Proposed Joint Pretrial Order due by 8/6/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/17/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Phillip A. Silvestri, Esq.
Nevada Bar No. 11276
GREENSPOON MARDER, P.A.
3993 Howard Hughes Pkwy., Ste. 400
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
CHERISH A BENEDICT
(Admitted Pro Hac Vice)
GREENSPOON MARDER, P.A.
201 East Pine St., Suite 500
Orlando, Florida 32801
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KEN KACHUR,

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Case No.: 2:16-cv-02899
Plaintiff,
STIPULATION AND REQUEST TO
EXTEND DISCOVERY AND OTHER
DEADLINES
(THIRD REQUEST)

vs.

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NAV-LVH, LLC dba WESTGATE LAS
VEGAS RESORT & CASINO, a Nevada,
Limited Liability Company,

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Defendant.

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Pursuant to Local Civil Rule 6-1(a), Defendant NAV-LVH LLC dba Westgate Las Vegas
Resort & Casino (“Defendant”) and Plaintiff Ken Kachur (“Plaintiff”), by and through their
respective counsel of record, hereby stipulate as follows:
This request is being made timely in accordance with LR 26-4 and the prior scheduling
Order, which provides that requests for further discovery extensions must be made no later than

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twenty-one (21) days before the existing discovery cut-off date, or, here, by February 12, 2018.

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This is the third request for an extension.

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32209492.1

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This stipulation is made and based upon the following factors.

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To date, the parties have both made their initial disclosures to the other side. Defendant

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has propounded written discovery to Plaintiff, to which Plaintiff has responded. Plaintiff has also

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propounded written discovery to Defendant, which is outstanding but timely. In addition, the

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parties have conducted some depositions and are in the process of locating a number of witnesses

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who have moved or left the state. For example, a key witness has moved to California and it has

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been difficult to coordinate a suitable date.

Further, counsel for both parties have other cases

before this Court, which involve overlapping witnesses to some extent and, thus, the attorneys are
coordinating the scheduling of the depositions in such cases to minimize the burden on the
witnesses and travel for out-of-state counsel.

Lastly, because of the nature of this case, a

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deposition of Plaintiff’s doctor is required and the scheduling of this deposition has been
hampered as a result of the holiday season and the doctor’s busy schedule.
The parties and their attorneys have diligently worked to complete discovery as

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expediently as possible and will continue to try to complete the remaining discovery in as
expedient a manner as possible.
Given the above circumstances, the parties request that the discovery period be extended as

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follows:

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Activity

Former Date

Requested Date

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Discovery Cut-Off Date

03/05/18

06/04/18

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Dispositive Motions

04/03/18

07/02/18

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Pretrial Order

05/07/18

08/06/181

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

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

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

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cut-off date of June 4, 2018, or no later than twenty-one (21) days before any other deadline

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sought to be extended.

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DATED this 16th of January, 2018.

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Law Offices of Michael P. Balaban

Greenspoon Marder LLP

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/s/ Michael P. Balaban

/s/ Phillip A. Silvestri

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]

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

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Attorneys for Plaintiffs

Attorneys for Defendant

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CHERISH A BENEDICT
(Admitted Pro Hac Vice)
Florida Bar No. 99073
201 East Pine Street, Suite 500
Orlando, FL 32801
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant

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IT IS SO ORDERED

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_________________________________
January 17, 2018 DISTRICT JUDGE
UNITED STATES

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DATED: ______________

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