Yousif v. The Venetian Casino Resort, LLC et al

Filing 130

ORDER Granting 129 Stipulation to Extend Time Re: 126 Motion to Certify Class. Replies due by 7/26/2019. Signed by Judge Richard F. Boulware, II on 5/15/2019. (Copies have been distributed pursuant to the NEF - JQC)

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Anthony L. Martin
Nevada Bar No. 8177
[e-mail]
Dana B. Salmonson
Nevada Bar No. 11180
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
3800 Howard Hughes Parkway, Suite 1500
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]
Patrick F. Hulla (admitted pro hac vice)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4520 Main Street, Ste. 400
Kansas City, MO 64111
Telephone: [phone]
Fax: [phone]
Attorney for Defendant Venetian Casino Resort, LLC

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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MUSTAFA YOUSIF and SHARONE
WALKER on behalf of themselves and all
others similarly situated,

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Plaintiffs,

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vs.

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LAS VEGAS SAND CORP.; THE
VENETIAN CASINO RESORT, LLC; and
DOES 1 through 50, inclusive,

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Case No.: 2:16-cv-02941-RFB-NJK

STIPULATION AND ORDER TO EXTEND
TIME TO RESPOND TO PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION
UNDER RULE 23 OF THE FEDERAL
RULES OF CIVIL PROCEDURE
(Second Request)

Defendants.

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Pursuant to Local Rules IA 6-1, IA 6-2 and LR 7-1, Defendant Venetian Casino Resort, LLC

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(“Defendant”) and Plaintiffs Mustafa Yousif and Sharone Walker (collectively referred to as

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“Plaintiffs”) hereby request an extension of time, up to and including June 26, 2019, for Defendant

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to file its Response to Plaintiffs’ Motion for Class Certification (“Motion”).1 Plaintiffs filed their

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Las Vegas Sands Corp. was dismissed from this matter on October 10, 2018. (ECF No. 113.)

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Motion on April 1, 2019. (ECF No. 126.) The present deadline for Defendant to file its response to

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the Motion is May 13, 2019. This is Defendant’s second request for an extension of time to file its

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response.
The first request was made on April 17, 2019 so that the parties could conclude a meet-and-

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confer regarding evidence submitted by Plaintiffs, namely expert testimony of analyst James R.

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Toney, in support of their Motion. (ECF No. 127.) Defendant requested the additional time to

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review and analyze Mr. Toney’s expert report, to determine whether a rebuttal expert is necessary

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at this time, and to explore whether and to what extent a Motion to Strike Mr. Toney was appropriate.

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(Id.) The request was granted on April 18, 2019. (ECF No. 128.)

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This Stipulation is not intended for delay, and is made in good faith so that Defendant can

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conduct the deposition of Mr. Toney as well as review relevant written discovery limited to Mr.

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Toney’s analysis and testimony. On May 9, 2019, Defendant served Plaintiffs limited Requests for

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Production of Documents related to Mr. Toney. Plaintiffs believe that they can provide Defendant

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with these documents by May 23, 2019. Thereafter, Defendant will conduct the deposition on Mr.

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Toney no later than June 12, 2019 and anticipate filing a response to Plaintiffs’ Motion two weeks

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thereafter.

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As set forth above, the parties respectfully request an extension of time until June 26, 2019

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for Defendant to respond to Plaintiffs’ Motion and to allow for the review of the limited discovery

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related to Mr. Toney’s expert report contained in Plaintiffs’ Motion.

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The parties also respectfully request that Plaintiffs’ Reply in support of their Motion for Class

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Certification pursuant to FRCP 23 be extended to a response time of a total of thirty (30) days from

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the date Defendant files its Response, or July 26, 2019.

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DATED this 13th day of May, 2019.

DATED this 13th day of May, 2019.

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THIERMAN BUCK LLP

OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C.

/s/ Leah L. Jones
Mark R. Thierman
Nevada Bar No. 8285
Joshua D. Buck
Nevada Bar No. 12187
Joshua R. Hendrickson
Nevada Bar No. 12225
Leah L. Jones
Nevada Bar No. 13161
7287 Lakeside Drive
Reno, NV 89511
Attorneys for Plaintiffs

/s/ Dana B. Salmonson
Anthony L. Martin
Nevada Bar No. 8177
Dana B. Salmonson
Nevada Bar No. 11180
Wells Fargo Tower
Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Patrick F. Hulla (admitted pro hac vice)
4520 Main Street, Ste. 400
Kansas City, MO 64111
Attorneys for Defendant

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ORDER

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IT IS SO ORDERED.

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT JUDGE

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DATED this 15th day of May, 2019.

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DATED

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