Tamares Las Vegas Properties, LLC et al v. Travelers Indemnity Company

Filing 99

ORDER Granting 98 Stipulation to Extend Dispositive Motion Deadline and Briefing Schedule. Motions due by 10/19/2018. Responses due by 11/16/2018. Replies due by 12/7/2018. Signed by Magistrate Judge Nancy J. Koppe on 9/25/2018. (Copies have been distributed pursuant to the NEF - ADR)

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Amanda Peterson (pro hac vice)
WEG & MYERS, P.C.
52 Duane Street, 2nd Floor
New York, NY 10007
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
and local counsel

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Shan Davis (SBN 9323)
DAVIS|STIBOR
1180 N. Town Center Drive, Ste. 100
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs Tamares Las Vegas
Properties, LLC,Plaza Hotel & Casino, LLC
and T-UPR, LLC

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TAMARES LAS VEGAS PROPERTIES,
LLC; PLAZA HOTEL & CASINO, LLC; and
T-UPR, LLC,
Plaintiffs,

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Case No. 2:16-cv-02933-JAD-NJK

vs.

STIPULATION AND ORDER TO
EXTEND DISPOSITIVE MOTION
DEADLINE & BREIFING SCHEDULE

THE TRAVELERS INDEMNITY
COMPANY,

(7th Request to Extend Deadline)

Defendant.

(1st Request to Extend Briefing Schedule)

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Plaintiffs Tamares Las Vegas Properties, LLC, Plaza Hotel & Casino, LL, and T-UPR,
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LLC (collectively “Plaintiffs”) and Defendant The Travelers Indemnity Company (“Travelers”),
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by and through their respective counsel of record, hereby stipulate and request that the Court
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extend dispositive motion deadline by approximately ten days (10) days and approve the
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proposed briefing schedule identified herein. This is the parties’ seventh request to extend a case
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management deadline in this matter, and the parties’ first and only anticipated request to modify
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the dispositive motion briefing schedule.
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The Court previously granted extensions of ninety (90) days on September 8, 2017, forty-

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five (45) days on November 13, 2017, thirty (30) days on January 18, 2017; thirty (30) days on

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March 9, 2018; seventy-seven (77) days on June 19, 2018; and fourteen (14) days on September

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7, 2018. The primary reason for the parties’ request to extend the dispositive motion deadline is

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that the parties anticipate it will take at least ten (10) additional days to obtain deposition

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transcripts of the recently completed expert depositions and review that testimony before filing

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their respective dispositive motions. The parties’ request to modify the briefing schedule reflects

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the parties’ good faith discussions regarding the time they expect will be needed to brief their

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respective motions for summary judgment in light of the issues in this case and the Thanksgiving

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holiday.

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Pursuant to Local Rule 26-4, the parties state as follows:

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I.

DISCOVERY COMPLETED TO DATE

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•

The parties conducted the Fed. R. Civ. P. 26(f) conference.

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The parties have exchanged initial and supplementary disclosures of documents
and lists of witnesses, including the exchange of thousands of pages of documents.

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The parties have propounded and responded to multiple sets of written discovery

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requests, including requests for admissions, requests for production of documents

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and interrogatories.

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The parties have issued subpoenas duces tecum to approximately twenty-five (25)

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non-parties for documents relating to the alleged claim and loss, resulting in

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collection of tens of thousands of pages of documents. Some of those document

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subpoenas remain outstanding and the parties are working with the recipients to

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obtain records in response.

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•

The parties have completed eighteen (18) fact witness depositions, including

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depositions of their respective representatives and employees and those of several

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non-parties.

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•

Travelers has conducted (2) two site inspections of the subject premises.

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The parties’ have engaged in extensive meet and confer efforts and have resolved,

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a number of issues relating disputes with respect to their respective discovery

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responses and depositions.
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Plaintiffs have provided the Defendant with their expert witness disclosures
pursuant to Fed. R. Civ. P. 26(a)(2) and corresponding expert reports.

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Defendant has provided Plaintiffs with their expert witness disclosures pursuant to
Fed. R. Civ. P. 26(a)(2) and corresponding expert reports.

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•

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Plaintiffs have provided the Defendant with rebuttal expert reports and two (2)
additional rebuttal expert witness disclosures pursuant to Fed. R. Civ. P. 26(a)(2).

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The parties have completed all thirteen (13) expert depositions.

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II.

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The above list is made without prejudice to any party’s ability to conduct additional

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DISCOVERY REMAINING TO BE COMPLETED

discovery consistent with the Federal Rules of Civil Procedure.

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III.

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REASONS WHY THE DEADLINES CANNOT BE COMPLETED WITHIN
THE CURRENT SCHEDULE

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This is a complex insurance coverage action arising out of alleged storm damage to the

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Plaza Hotel & Casino in downtown Las Vegas. As noted above, the additional time to file

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dispositive motions is requested to provide the parties with additional time to obtain deposition

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transcripts of the recently completed expert depositions and review that testimony before

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providing filing their respective dispositive motions. In addition, the parties have agreed to and

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request that the Court approve the following briefing schedule for dispositive motions in this

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case:

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•
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File Dispositive Motions: October 19, 2018
File Opposition Papers: November 16, 2018
File Reply Papers: December 7, 2018

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The parties agree that this request is not made for the purpose of delay, but to ensure a just

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adjudication of the case on the merits, and that none of them will be prejudiced by the requested

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extension.

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IV.

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WHEREFORE, the parties respectfully request that this Court extend discovery deadlines

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PROPOSED SCHEDULE

as follows:

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EVENT
Plaintiffs’ Designation
of Expert Witness(es)
Defendant’s
Designation of Expert
Witness(es)
Close of Fact
Discovery
Plaintiffs’ Disclosure
of Rebuttal Expert
Testimony
Close of Expert
Discovery
File Dispositive
Motions

CURRENT
DEADLINE

PROPOSED DEADLINE
COMPLETED
COMPLETED

COMPLETED
COMPLETED

September 21, 2018

COMPLETED

October 9, 2018

BRIEFING SCHEDULE:
File Dispositive Motions: October 19, 2018
File Opposition Papers: November 16, 2018
File Reply Papers: December 7, 2018

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Joint Pretrial Order

November 8, 2018

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November 8, 2018
*In the event dispositive motions are filed, the
date for filing the Joint Pretrial Order shall be
suspended until 30 days after the decision of
the dispositive motions or further order of
Court.

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Case No. 2:16-cv-02933-JAD-NJK

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Stipulation and Order to Extend
Deadline to File Dispositive Motions &
Briefing Schedule (7th Request)

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Dated September 24, 2018

Dated September 24, 2018

WEG & MYERS, P.C

FORAN GLENNON PALANDECH PONZI
& RUDLOFF PC

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/s/ Amanda Peterson
Dennis T. D’Antonio (admitted pro hac vice)
Joshua L. Mallin (admitted pro hac vice)
Amanda Peterson(admitted pro hac vice)
52 Duane Avenue, 2nd Floor
New York, NY 10007

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/s/ Shan Davis
Shan Davis
DAVIS|STIBOR
1180 N. Town Center Drive, Suite 100
Las Vegas, NV 89114

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/s/ Casey G. Perkins
Amy M. Samberg
1 East Washington Street, Suite 500
Phoenix, AZ 85004
Casey G. Perkins
2200 Paseo Verde Parkway, Suite 280
Henderson, NV 89052

Counsel for Plaintiffs

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Counsel for The
Insurance Company

Travelers

Indemnity

ORDER

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IT IS SO ORDERED.

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NO FURTHER EXTENSIONS WILL BE GRANTED.

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DATED this _____ day of September 2018

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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