Kachur v. NAV-LVH Casino, LLC

Filing 36

ORDER Granting 35 Fifth Stipulation re Discovery Deadlines. Discovery due by 10/19/2018. Motions due by 11/16/2018. Proposed Joint Pretrial Order due by 12/21/2018. Signed by Magistrate Judge Carl W. Hoffman on 8/8/2018. (Copies have been distributed pursuant to the NEF - SLD)

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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]
[e-mail]
Attorneys for Petitioners

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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3993 HowardSahara Avenue, Suite 380
3320 West Hughes Parkway, Suite 400
Las Vegas, Nevada 89102
89169
Tel: [phone] / Fax: [phone]
[phone]
978-4249

KOLESAR & LEATHAM, CHTD.
GREENSPOON MARDER LLP

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KEN KACHUR,

Case No.: 2:16-cv-02899

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Plaintiff,
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STIPULATION TO REOPEN
DISCOVERY AND RESET PERTINENT
DEADLINES

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

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Defendant.

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(FIFTH REQUEST)

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 request that this Court to reopen discovery,
and reset pertinent deadlines, and stipulate as follows:
This request is made after the discovery period has closed, but is based on good cause.
Further, neglect is not present, as this stipulated request is based on newly-discovered
information, and therefore satisfies the burden of LR 26-4. This is the fifth request for an
extension.
This stipulation is made and based upon the following factors:
To date, the parties have both made their initial disclosures to the other side. Defendant
has propounded written discovery to Plaintiff, to which Plaintiff has responded. Plaintiff has
also propounded written discovery to Defendant, which has been responded to. All depositions
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mentioned in previous requests have been completed (with the limited exception of concluding

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the deposition of Westgate’s security director, which has begun, but the parties have been unable

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to finalize due to conflicting schedules).

physicians. Defendants, and Plaintiffs’ counsel, have just been informed that Plaintiff has been

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seeking ongoing treatment from a pain specialist, and this physician was not previously

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disclosed. Plaintiff’s failure to disclose appears to be entirely inadvertent, however the parties

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agree that Westgate should be permitted to examine the records of this physician, and conduct

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any relevant discovery related thereto. The parties also have had difficulty retrieving records

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3993 HowardSahara Avenue, Suite 380
3320 West Hughes Parkway, Suite 400
Las Vegas, Nevada 89102
89169
Tel: [phone] / Fax: [phone]
978-4255
[phone]

This request is based on newly-discovered information regarding Plaintiff’s treating

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KOLESAR & LEATHAM, CHTD.
GREENSPOON MARDER LLP

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from Plaintiff’s short-term disability provider, but as of 8/2/18, the provider has agreed to

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produce relevant records.

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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 newly-discovered necessary

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discovery in as expedient a manner as possible.

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

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ACTIVITY

FORMER DATE

REQUESTED DATE

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Discovery Cut-Off Date

07/19/18

10/19/18

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Dispositive Motions

08/16/18

11/16/18

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Pretrial Order

09/20/18

12/21/181

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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

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discovery cut-off date of October 19, 2018 or no later than twenty-one (21) days before any other

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deadline sought to be extended.

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DATED this 7th day of August, 2018.

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Law Offices of Michael P. Balaban

Greenspoon Marder LLP

/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 LLP
3993 Howard Hughes Pkwy., Ste. 400
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]

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3993 HowardSahara Avenue, Suite 380
3320 West Hughes Parkway, Suite 400
Las Vegas, Nevada 89102
89169
Tel: [phone] / Fax: [phone]
978-4255
[phone]

KOLESAR & LEATHAM, CHTD.
GREENSPOON MARDER LLP

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Attorneys for Plaintiffs

Attorneys for Defendant

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IT IS SO ORDERED

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_________________________________
UNITED STATES MAGISTRATE JUDGE

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August 8, 2018
DATED: ______________

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