Kachur v. NAV-LVH Casino, LLC

Filing 61

ORDER granting 59 STIPULATION FOR EXTENSION OF TIME (First Request) to file Renewed Motion for Summary Judgment Re: 58 Minute Order. Motions due by 7/24/2020. Signed by Judge Jennifer A. Dorsey on 7/1/2020. (Copies have been distributed pursuant to the NEF - DRS)

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PHILLIP A. SILVESTRI
Nevada Bar No. 11276
GREENSPOON MARDER LLP
3993 Howard Hughes Pkwy., Ste. 400
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant

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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]
978-4249
[phone]

KOLESAR & LEATHAM, CHTD.
GREENSPOON MARDER LLP

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KEN KACHUR,

Case No.: 2:16-cv-02899-JAD-CWH
Plaintiff,

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STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
RENEWED MOTION FOR SUMMARY
JUDGMENT

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vs.

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

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(LR IA 6-1; 7-1)
(FIRST REQUEST)

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Defendant.
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COME NOW, Defendant, named above, by and through its counsel of record, PHILLIP
A. SILVESTRI, ESQ., and Plaintiff, by and through his counsel of record, MICHAEL P.
BALABAN, ESQ., pursuant to Local Rules IA 6-1 and 7-1, and herein stipulate, agree and make
joint application to extend Defendant’s deadline to file a Renewed Motion for Summary
Judgment for a period of two weeks, up to and including July 24, 2020. The present deadline is
July 10, 2020.
This is the first stipulation for an extension of this deadline. This stipulation is made and
based upon the following factors:
Based on the Ninth Circuit’s determination in this case, the Court set a deadline for
Defendant to file a new Motion for Summary Judgment (MSJ) on the now revived claim for
violation of the Americans with Disabilities Act. ECF#58. The Court set the deadline for July
10, 2020. Id. After filing, Plaintiff filed a Motion for Clarification in the Ninth Circuit requesting
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confirmation of whether the Ninth Circuit remanded the case for further motion practice, or

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simply a trial. The Ninth Circuit confirmed that this Court was permitted to consider a renewed

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MSJ. Defendant has been diligently working to draft a renewed MSJ, but has encountered

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unexpected absences and reduced staffing due to the coronavirus pandemic, making filing by the

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current deadline impracticable.

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Based on the foregoing, the parties request that this Court order that the deadline for

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Defendant to file a renewed MSJ Reply in Support of its Motion for Summary Judgment for a

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period of two (2) weeks, up to and including, July 24, 2020.

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Dated: July 1, 2020

Dated: July 1, 2020

LAW OFFICES OF MICHAEL P. BALABAN

GREENSPOON MARDER LLP

/s/Michael P. Balaban
Michael P. Balaban, Esq.
10726 Del Rudini St.
Las Vegas, NV 89141
Tel: [phone]
Fax: [phone]
Attorney for Plaintiff

/s/Phillip A. Silvestri

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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Phillip A. Silvestri, Esq.
3993 Howard Hughes Parkway,
Suite 400
Las Vegas, NV 89169
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant

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IT IS SO ORDERED

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________________________________
UNITED STATES DISTRICT JUDGE

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7/1/2020
DATED: ______________

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