Yousif v. The Venetian Casino Resort, LLC et al

Filing 234

ORDER Granting 233 Stipulation to Allow Defendant to file an Opposition Brief Excess Pages and for Parties to File Reply Briefs with Excess Pages. Signed by Judge Richard F. Boulware, II on 11/16/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 1 of 12

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10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]

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

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Mary C. Dollarhide (admitted pro hac vice)
[e-mail]
Taylor Wemmer (admitted pro hac vice)
[e-mail]
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92121
Telephone: [phone]
Brian S. Kaplan (admitted pro hac vice)
[e-mail]
DLA PIPER LLP (US)
1251 Avenue of the Americas, 27th Floor
New York, NY 10020
Telephone: [phone]
Khesraw Karmand (admitted pro hac vice)
[e-mail]
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101
Telephone: [phone]

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Molly M. Rezac
Nevada Bar No. 7435
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
200 S. Virginia Street, 8th Floor
Reno, NV 89501
Telephone: [phone]

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Attorneys for Defendant Venetian Casino Resort, LLC

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UNITED STATES DISTRICT COURT
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,
vs.
LAS VEGAS SAND CORP.; THE
VENETIAN CASINO RESORT, LLC; and
DOES 1 through 50, inclusive,
Defendants.

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

STIPULATION AND ORDER TO ALLOW
DEFENDANT TO FILE AN OPPOSITON
BRIEF WITH EXCESS PAGES AND FOR
THE PARTIES TO FILE REPLY BRIEFS
WITH EXCESS PAGES
(FIRST REQUEST)

10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]

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

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 2 of 12

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Pursuant to LR IA 6-2 and LR 7-3, Defendant Venetian Casino Resort, LLC (“Defendant)

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and Mustafa Yousif and Sharone Walker (collectively, “Plaintiffs”), by and through undersigned

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counsel, hereby stipulate and jointly request leave to allow Defendant to file its brief opposing

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Plaintiffs’ Motion for Class Certification Pursuant to Federal Rule of Civil Procedure 23 in excess

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of the twenty-four (24) page limitation by six (6) pages. In addition, the Parties both request leave

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to file Reply briefs in excess of the twelve (12) page limitation by three (3) pages. This is the

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Defendant’s first request for leave to file opposition briefs in excess of the page limitations, and the

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Parties’ first request for leave to file reply briefs in excess of the page limitations.

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On September 30, 2022, Plaintiffs filed their Notice of Motion and Motion for Class

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Certification Pursuant to Federal Rule of Civil Procedure 23 (ECF No. 228), and Defendant filed its

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Motion to Decertify Collective Action (ECF No. 229). The Parties must oppose each other’s Motion

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by November 18, 2022. On November 9, 2022, Plaintiffs filed their Motion for Leave to File Excess

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Pages (ECF No. 231). The Court granted Plaintiffs’ Motion on November 14, 2022. (ECF No. 232).

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Additionally, the Court previously granted Plaintiffs’ Motion for Leave to File Excess Pages as to

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Plaintiffs’ Motion for Class Certification Pursuant to Federal Rules of Civil Procedure 23 (ECF No.

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226) to which Defendant is now responding.

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The Parties have engaged in voluminous discovery in this case, including, but not limited to

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a discovery Questionnaire propounded to each of the FLSA Opt-In Plaintiffs, 143 sworn

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declarations, over 5,800 pages of documents, 2 million lines of KRONOS data, several expert

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reports, the depositions of the Named Plaintiffs Yousif and Walker, depositions of thirteen (13) Opt-

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In Plaintiffs, the depositions of two Defendant PMKs, as well as the site visit of the employee areas

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of Defendant’s premises.

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The nature of the Plaintiffs’ claims and the quantity of evidence that requires analysis by the

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Parties in opposing each other’s motions is good cause for allowing both Plaintiff and Defendant an

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additional six (6) pages for their Opposition briefs as well as allowing the Parties an additional three

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(3) pages for their Reply briefs. See Declaration of Leah L. Jones, ECF No. 231-1, attached hereto

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as Exhibit A; see also Declaration of Mary Dollarhide, attached hereto as Exhibit B. Defendant’s

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Opposition brief will not exceed thirty (30) pages, excluding exhibits, and it shall provide a table of
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contents and a table of authorities as required by LR 7-3. Similarly, each Parties’ Reply brief will

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not exceed fifteen (15) pages, excluding exhibits, and will also include a table of contents and a table

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of authorities.

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Accordingly, based on the foregoing and for good cause, the Parties stipulate and request the

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Court grant the Defendant leave to file opposition briefs in excess of twenty-four (24) pages but not

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more than thirty (30) pages, and Reply briefs in excess of twelve (12) pages but not more than fifteen

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(15) pages.

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DATED this 14th day of November, 2022.

DATED this 14th day of November, 2022.

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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/ Molly M. Rezac
Mary Dollarhide (admitted pro hac vice)
Taylor Wemmer (admitted pro hac vice)
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92121

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10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]

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

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 3 of 12

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ORDER

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Brian S. Kaplan (admitted pro hac vice)
DLA PIPER LLP (US)
1251 Avenue of the Americas, 27th Floor
New York, NY 10020
Khesraw Karmand (admitted pro hac vice)
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101
Molly M. Rezac
Nevada Bar No. 7435
OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C.
200 S. Virginia Street, 8th Floor
Reno, NV 89501
Attorneys for Defendant

IT IS SO ORDERED.
UNITED STATES JUDGE

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DATED
DATED this 16th day of November, 2022.
3
51749415.v1-OGLETREE

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 4 of 12

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10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]

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

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Mary C. Dollarhide (admitted pro hac vice)
[e-mail]
Taylor Wemmer (admitted pro hac vice)
[e-mail]
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92121
Telephone: [phone]
Brian S. Kaplan (admitted pro hac vice)
[e-mail]
DLA PIPER LLP (US)
1251 Avenue of the Americas, 27th Floor
New York, NY 10020
Telephone: [phone]
Khesraw Karmand (admitted pro hac vice)
[e-mail]
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101
Telephone: [phone]

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Molly M. Rezac
Nevada Bar No. 7435
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
200 S. Virginia Street, 8th Floor
Reno, NV 89501
Telephone: [phone]
Attorneys for Defendant Venetian Casino Resort, LLC
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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

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

INDEX OF EXHIBITS

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 5 of 12

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Exhibit A

Declaration of Leah L. Jones

Exhibit B

Declaration of Mary Dollarhide

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10801 W. Charleston Blvd.
Suite 500
Las Vegas, NV 89135
Telephone: [phone]

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

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Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 6 of 12

EXHIBIT A
Declaration of Leah L. Jones

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 7 of 12

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THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanbuck.com

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THIERMAN BUCK, LLP
Mark R. Thierman, Nev. Bar No. 8285
[e-mail]
Joshua D. Buck, Nev. Bar No. 12187
[e-mail]
Leah L. Jones, Nev. Bar No. 13161
[e-mail]
Joshua R. Hendrickson, Nev. Bar No. 12225
[e-mail]
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DECLARATION OF LEAH L. JONES IN
SUPPORT OF STIPULATION TO
EXCEED PAGE LIMITATION FOR
THE PARTIES REPLIES IN SUPPORT

Plaintiffs,

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

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

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

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I, Leah L. Jones, hereby declare and state as follows:
1.

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The following declaration is based upon my own personal observation and

knowledge, and if called upon to testify to the things contained herein, I could competently so
testify.
///
///
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DECLARATION OF LEAH L. JONES I/S/O STIPULATION TO EXCEED PAGE LIMITS
FOR THE PARTIES REPLIES IN SUPPORT

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 8 of 12

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I am an Associate attorney with Thierman Buck, LLP, and I am admitted to

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practice law in the states of California and Nevada. I am also admitted to the United States

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District Court District of Nevada, Central District of California, Northern District of

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California, Eastern District of California, Southern District of California, the United States

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Court of Appeals for the Ninth Circuit, and the Supreme Court of the United States.

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THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, NV 89511
[phone] Fax [phone]
Email [e-mail] www.thiermanbuck.com

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I am one of the attorneys of record for Plaintiffs MUSTAFA YOUSIF and

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SHARONE WALKER, and all others similarly situated (“Plaintiffs”) in this action against

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THE VENETIAN CASINO RESORT, LLC and DOES 1 through 50, inclusive (“Defendants”

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or “Venetian”). Mark R. Thierman, Joshua D. Buck, and Joshua R. Hendrickson are also

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attorneys of record in this case.
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Given the lengthy history of this case, voluminous discovery completed, and

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the Parties’ mutual agreement that additional pages are necessary to adequately provide the

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Court with the law and facts to rule on Plaintiffs’ FRCP 23 class certification motion,

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Plaintiffs request an additional 3 pages in excess of the Court’s 12-page limit for their reply in

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support excluding exhibits, and it shall provide a table of contents and a table of authorities as

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required by LR 7-3.

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5.

Plaintiffs do not oppose Defendant’s request for additional pages as set forth in

the Stipulation and Declaration of Mary Dollarhide.
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I have read the foregoing declaration and declare under penalty of perjury

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under the laws of the United States of America and the State of Nevada that the foregoing is

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true and correct.

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Executed on November 14, 2022, in Reno, Nevada.

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/s/Leah L. Jones
Leah L. Jones

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DECLARATION OF LEAH L. JONES I/S/O STIPULATION TO EXCEED PAGE LIMITS
FOR THE PARTIES REPLIES IN SUPPORT

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 9 of 12

EXHIBIT B
Declaration of Mary Dollarhide

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 10 of 12

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MARY C. DOLLARHIDE (California Bar No. 138441)
[e-mail]
TAYLOR H. WEMMER (California State Bar No. 292539)
[e-mail]
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92121-2133
Telephone: [phone]
Facsimile: 858.677.1401
BRIAN S. KAPLAN (New York Bar No. 2685725)
[e-mail]
DLA PIPER LLP (US)
1251 Avenue of the Americas, 27th Floor
New York, NY 10020
Telephone: [phone]
Facsimile: 212.335.4501
MOLLY M. REZAC (Nevada Bar No. 7435)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, PC
200 S. Virginia Street, 8th Floor
Reno, NV 89501
Telephone: [phone]
Facsimile: 775.440.2376

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Attorneys for Defendant
The Venetian Casino Resort, LLC

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UNITED STATES DISTRICT COURT
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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,
v.
THE VENETIAN CASINO RESORT, LLC; LAS
VEGAS SANDS, CORP. and DOES 1 through 50,
inclusive,

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Case No. 2:16-cv-02941-RFB-NJK
DECLARATION OF MARY
DOLLARHIDE IN SUPPORT OF
REQUEST FOR LEAVE TO FILE AN
OPPOSITION BRIEF UP TO
THIRTY (30) PAGES AND A REPLY
BRIEF UP TO FIFTEEN (15) PAGES

Defendants.

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-1DECLARATION OF MARY DOLLARHIDE IN SUPPORT OF
DEFENDANT’S REQUEST TO FILE BRIEFS WITH EXCESS PAGES
181097944.4

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 11 of 12

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I, Mary C. Dollarhide, declare as follows:

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I am an attorney admitted to practice in this matter and a partner with DLA Piper LLP

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(US), counsel of record for Defendant Venetian Casino Resort, LLC (“Venetian”). I am one of the

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attorneys responsible for the defense of this action and, in connection with this declaration, have

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reviewed the discovery in this case. I make this declaration in support of the Parties’ Stipulation

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and Order to Allow Excess Pages for (1) Defendant’s Opposition to Plaintiffs’ Motion for Class

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Certification Pursuant to Federal Rule of Civil Procedures 23, and (2) the Parties Reply Briefs (First

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Request). Except where stated on information and belief, I have personal knowledge of the

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following and, if called as a witness, I would and could competently testify to all facts in this

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declaration.

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2.

The Parties have engaged in voluminous discovery in this case, including, but not

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limited to a discovery Questionnaire, 143 sworn declarations, over 5,800 pages of documents, 2

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million lines of KRONOS data, several expert reports, the depositions of the Named Plaintiffs

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Yousif and Walker, depositions of thirteen (13) Opt-In Plaintiffs, the depositions of two Defendant

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PMKs, as well as the site visit of the employee areas of Defendant’s premises.

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3.

Both the Opposition to Plaintiffs’ Motion for Class Certification Pursuant to Rule of

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Civil Procedure 23and the Reply In Support of Defendant’s Motion to De-Certify require analysis

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and evaluation of the extensive data in this case. Thus, to adequately address all the issues involved,

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Defendant respectfully requests an additional six (6) pages for its Opposition brief and an additional

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three (3) pages for its Reply brief. Defendant will file an Opposition brief of thirty (30) or less

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pages and will include a table of contents and a table of authorities, and a Reply brief of fifteen (15)

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or less pages and will include a table of contents and a table of authorities.

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...

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...

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-2DECLARATION OF MARY DOLLARHIDE IN SUPPORT OF
DEFENDANT’S REQUEST TO FILE BRIEFS WITH EXCESS PAGES
181097944.4

Case 2:16-cv-02941-RFB-NJK Document 234 Filed 11/16/22 Page 12 of 12

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I declare under penalty of perjury under the laws of the United States of America and the
State of California that the foregoing is true and correct.
EXECUTED this 14th day of November, 2022.

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/s/ Mary Dollarhide
Mary C. Dollarhide

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-3DECLARATION OF MARY DOLLARHIDE IN SUPPORT OF
DEFENDANT’S REQUEST TO FILE BRIEFS WITH EXCESS PAGES
181097944.4