Falls et al v. Desert Palace, Inc

Filing 175

ORDER granting 174 Stipulation to Extend deadline to file Proposed Joint Pretrial Order. Proposed Joint Pretrial Order due by 1/13/2021. Signed by Magistrate Judge Brenda Weksler on 12/18/2020. (Copies have been distributed pursuant to the NEF - DRS)

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KATHLEEN J. ENGLAND, Nevada Bar No. 206
GILBERT & ENGLAND LAW FIRM
610 South Ninth Street
Las Vegas, Nevada 89101
Telephone: [phone]
E-mail:
[e-mail]
JASON R. MAIER, Nevada Bar No. 8557
DANIELLE J. BARRAZA, Nevada Bar No. 13822
MAIER GUTIERREZ & ASSOCIATES
8816 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Telephone: [phone]
Facsimile: 702.629.7925
E-mail:
[e-mail]
[e-mail]
Attorneys for Plaintiffs William J. Berry, Jr.,
Cynthia Falls and Shane Kaufmann

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WILLIAM J. BERRY, JR.; CYNTHIA
FALLS; SHANE KAUFMANN,

Case No.: 2:17-cv-00019-APG-BNW
STIPULATION AND REQUEST
FOR AN ORDER TO EXTEND
JOINT PRETRIAL ORDER
DEADLINE

Plaintiffs,
vs.
DESERT PALACE, INC. d/b/a CAESARS
PALACE; et al.,

(FIFTH REQUEST)

Defendants.
IT IS HEREBY STIPULATED AND AGREED among Plaintiffs and Defendant
that the deadline for filing the Joint Pretrial Order be extended by 30 days, from
December 14, 2020 to January 13, 2021, at the request of Plaintiffs’ counsel.
The justification for this extension is as follows. Previously, the Court (on
November 4, 2019) granted the first extension to file the Joint Pretrial Order [ECF No.
149] based on the Defendant’s (then-pending) motion to consolidate (ECF No. 32) this
case with another case, Kaufmann v. Desert Palace, Inc., Case No. 2:18-cv-02037-KJDDJA. On March 25, 2020, in that other case, Kaufmann v. Desert Palace, Inc., USD Judge
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Dawson issued a decision denying consolidation. ECF No. 48.

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The parties were then required to submit the Joint Pretrial Order within 60 days of

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the March 25, 2020 Order in the other Kaufmann case. ECF No. 149. However, another

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filing occurred in the meantime which impacted that deadline.

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On November 15, 2019, after the Court issued its first order extending the deadline

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to file the Joint Pretrial Order, Plaintiffs filed their motion to alter or amend the Court’s

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order granting in part Defendant’s motion for summary judgment [ECF No. 150].

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Because the Court’s decision on that motion would have significant impact on the content

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of the Joint Pretrial Order, the parties again requested a second extension on the deadline

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to file the Joint Pretrial Order. ECF No. 158. That request was granted on April 3, 2020,

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making the new deadline 60 days after the Court’s decision on Plaintiffs’ motion to alter

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or amend. ECF No. 159.

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On September 3, 2020, the Court issued its order denying Plaintiffs’ motion for

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reconsideration, thus making the deadline to file the Joint Pretrial Order November 2,

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2020. ECF No. 163.

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On November 2, 2020, this Court granted a 10 day extension to November 12,

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2020 in light of changes to Plaintiffs’ counsel’s traveling schedule and unavailability.

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ECF No. 170.

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On November 17, 2020, this Court granted an extension to December 14, 2020 in

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light of unexpected medical circumstances that affected lead counsel for Plaintiffs’,

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Kathleen J. England. ECF No. 173.

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While the parties anticipated that no further extension requests would be needed,

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unfortunately additional unexpected medical circumstances arose for Ms. England, which

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prevented the parties from conferring over the Joint Pretrial Order. The parties are

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therefore requesting an additional 30 days, up to and including January 13, 2021 to

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submit the Joint Pretrial Order. To ensure a timely submission of the Joint Pretrial Order

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and to avoid further delays, the parties also agree that following submission of the Joint

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Pretrial Order, the parties will then have 60 days to prepare initial objections to the
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respective exhibits.

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This is the parties’ fifth stipulation to extend the Joint Pretrial Order filing

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deadline. As set forth above, this stipulation is made in good faith in order to allow the

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parties sufficient time to attempt to come to an agreement on a Joint Pretrial Order. This

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stipulation is not for the purpose of causing any undue delay, and the parties agree that

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good cause therefore exists for an extension.

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DATED this 14th day of December, 2020

DATED this 14th day of December, 2020.

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MAIER GUTIERREZ & ASSOCIATES

LITTLER MENDELSON, P.C.

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/s/ Danielle J. Barraza
JASON R. MAIER
Nevada Bar No. 8557
DANIELLE J. BARRAZA
Nevada Bar No. 13822
8816 Spanish Ridge Avenue
Las Vegas, Nevada 89148

/s/ Ethan D. Thomas
PATRICK H. HICKS
Nevada Bar No. 4832
ETHAN D. THOMAS
Nevada Bar No. 12874
3960 Howard Hughes Parkway, Ste. 300
Las Vegas, Nevada 89169
Attorneys for Defendant Desert Palace,
Inc. d/b/a Caesars Palace

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KATHLEEN J. ENGLAND
Nevada Bar No. 206
GILBERT & ENGLAND LAW FIRM
610 South Ninth Street
Las Vegas, Nevada 89101
Attorneys for Plaintiffs William J. Berry,
Jr., Cynthia Falls and Shane Kaufmann

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ORDER
IT IS SO ORDERED.
IT IS SO ORDERED
Dated this ____ day of __________________, 2020.
DATED: 10:13 am, December 18, 2020
BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE
BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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