Yousif v. The Venetian Casino Resort, LLC et al

Filing 41

ORDER that 27 Motion for Magistrate Judge to Reconsider is GRANTED in part and DENIED in part. The Court hereby EXTENDS the deadline for Plaintiffs to file their Fed. R. Civ. P. 23 class certification motion to July 27, 2017. Signed by Magistrate Judge Nancy J. Koppe on 4/21/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 MUSTAFA YOUSIF, et al., 10 11 12 13 14 ) ) Plaintiff(s), ) ) vs. ) ) THE VENETIAN CASINO RESORT LLC, et al., ) ) ) Defendant(s). ) ) Case No. 2:16-cv-02941-RFB-NJK ORDER 15 16 On March 20, 2017, the parties submitted a stipulated proposed discovery plan and 17 scheduling order, which indicated that they disagreed on certain aspects of the production of 18 electronically stored information (“ESI”) and on how discovery should be conducted in this action. 19 Docket No. 25. On March 21, 2017, the Court issued an order directing Plaintiffs to file their 20 motions for conditional collective action certification and class certification no later than April 28, 21 2017. Docket No. 26. The Court further ordered the parties to file supplemental briefing in support 22 of their respective positions regarding ESI production and proposed discovery deadlines. Id. 23 On March 23, 2017, Plaintiffs filed a motion to reconsider the portion of the Court’s 24 discovery order regarding the Fed. R. Civ. P. 23 class certification motion deadline. Docket No. 27. 25 Defendants filed a limited opposition, and Plaintiffs filed a reply. Docket Nos. 34, 38. A 26 subsequently filed amended stipulated proposed discovery plan and scheduling order reveals that the 27 parties now disagree only about the proper timing for Plaintiffs’ Fed. R. Civ. P. 23 class certification 28 motion. Docket No. 40. 1 Plaintiffs submit that precertification discovery is necessary and that, therefore, the Court 2 should extend the deadline for them to file their Fed. R. Civ. P. 23 class certification motion until 3 30 days after the close of discovery. Docket No. 27 at 1-7. In response, Defendants submit that they 4 do not oppose precertification discovery, but that it is unnecessary for the Court to grant Plaintiffs 5 until 30 days after the close of discovery to file their Fed. R. Civ. P. 23 class certification motion. 6 Docket No. 34 at 5-7.1 Plaintiffs reply that the Court should grant their motion for reconsideration 7 because they need certain discovery in order to adequately prepare their class certification motion. 8 Docket No. 38 at 2-3. Thus, it appears that the parties agree that Plaintiffs may need more time to 9 submit their class certification motion, so that they may obtain at least some relevant discovery 10 before filing it. 11 Accordingly, Plaintiffs’ motion to reconsider, Docket No. 27, is hereby GRANTED in part 12 and DENIED in part. The Court hereby EXTENDS the deadline for Plaintiffs to file their Fed. R. 13 Civ. P. 23 class certification motion to July 27, 2017. 14 IT IS SO ORDERED. 15 DATED: April 21, 2017. 16 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 17 18 19 20 21 22 23 24 25 1 27 Defendants also submit that Plaintiffs improperly failed to meet and confer with them before filing their motion to reconsider. Id. at 4-5. The Court exercises its discretion to rule on Plaintiffs’ motion. 28 2 26

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