Falls et al v. Desert Palace, Inc

Filing 45

ORDER Granting 41 Stipulation to Stay Litigation Pending Outcome of Mediation. Signed by Magistrate Judge Peggy A. Leen on 10/31/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00019-GMN-PAL Document 41 Filed 10/26/17 Page 1 of 4

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SCOTT M. MAHONEY (Nev. Bar No. 1099)
FISHER & PHILLIPS LLP
300 S. Fourth Street, Suite 1500
Las Vegas, NV 89101
Telephone: [phone]
[e-mail]
DONALD R. LIVINGSTON (DC Bar No. 436063)
ESTHER G. LANDER (DC Bar No. 461316)
Admitted pro hac vice
AKIN GUMP STRAUSS HAUER & FELD LLP
1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
DESERT PALACE, INC., d/b/a CAESARS PALACE

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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; and SHANE
KAUFMAN,

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Plaintiffs,

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v.

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DESERT PALACE, INC., d/b/a
CAESARS PALACE; DOES I
through X, and ROE BUSINESS
ENTITIES I through X, inclusive,

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Case No. 2:17-cv-00019-GMN-PAL
STIPULATION AND ORDER TO
STAY LITIGATION PENDING
OUTCOME OF MEDIATION

Defendants.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs

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

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Defendant DESERT PALACE, INC., d/b/a CAESARS PALACE, by and through

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their respective counsel of record, that the current proceedings be stayed pending the

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outcome of a mediation between the parties, which will be set in early December

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2017. The parties state as follows:

Case 2:17-cv-00019-GMN-PAL Document 41 Filed 10/26/17 Page 2 of 4

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1.

This matter was commenced on January 3, 2017 [ECF No. 1].

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2.

On June 2, 2017, the Court granted the parties’ proposed discovery

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plan/scheduling order [ECF No. 25], which set December 29, 2017 as the discovery

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cut-off date in this matter.

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3.

On June 26, 2017, the parties took part in an Early Neutral Evaluation

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Conference with Magistrate Judge George Foley, Jr. [see ECF No. 27]. The case

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continued on the normal litigation track because no settlement was reached.

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4.

The parties have thereafter engaged in extensive written discovery and

document productions to each other.
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On September 15, 2017, defendant filed a motion to sever the claims of

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William J. Berry, Jr. [ECF No. 29]. Plaintiffs’ response was initially due on

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September 29, 2017, but the parties agreed to extend time for plaintiffs to respond due

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to new associating counsel joining the matter on plaintiffs’ behalf [see ECF No. 32].

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6.

During this first extension of time, the lead counsel for the parties

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conferred on several occasions regarding the issues in the case and whether it would

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be wise to explore mediation. The parties therefore agreed to a second, and

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subsequently a third, extension of time for plaintiffs to respond to defendant’s motion

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to sever to allow the parties to continue their discussions regarding setting up and

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scheduling a mediation session within the next two months [see ECF Nos. 35, 38].

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7.

As the discussions have progressed, the parties have decided to move

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forward with mediation, have agreed to an outside mediator, and are in the process of

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finalizing terms and a mutually agreeable date for the mediation, which will be set on

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December 5th, 12th, 13th, or 14th of 2017.

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8.

The parties have further agreed to file the instant Stipulation and Order

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seeking to stay all proceedings in this matter, including the adjournment of the

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following deadlines until after the mediation is concluded:

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(i)

Plaintiffs’ deadline to respond to defendant’s motion to sever the
claims of William J. Berry, Jr. [ECF No. 29];
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(ii)

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The discovery deadlines set forth in the discovery plan/scheduling
order [ECF No. 25];

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(iii)

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Defendant’s deadline to respond to Plaintiffs’ 5th Set of Requests
to Produce Documents; and

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(iv)

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Defendant’s deadline to search for and produce responsive

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electronically stored information (ESI) in response to Plaintiffs’

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Requests to Produce Nos. 12, 16, 17, and 18.

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9.

The parties will file an interim status report on Monday, October 30,

2017, as currently required by Local Rule LR 26-3.
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The parties will also file a status report informing this Court of the status

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of the matter within seven (7) days of completion of the mediation. If mediation is not

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successful, the parties’ report will include new proposed deadlines for the discovery

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cut-off, expert disclosures, dispositive motions, the joint pre-trial order, plaintiffs’

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response to ECF No. 29, defendant’s production of ESI, and defendant’s response to

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plaintiff’s Fifth Set of Requests to Produce Documents.

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11.

A stay in this matter will allow the parties an opportunity to attempt to

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settle this litigation without incurring any more fees and costs than absolutely

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necessary, thereby promoting the interests of judicial economy and efficiency. No

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prejudice would result to any party if this joint Stipulation and Order is granted.

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12.

This stipulation is made in good faith to allow the parties to make

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diligent and sincere efforts to resolve the matter without further involvement of the

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Court and is not for the purpose of causing any undue delay.

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IT IS SO STIPULATED.

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Dated: October 26, 2017

Dated: October 26, 2017

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By: ____/s/ Esther G. Lander_______
SCOTT M. MAHONEY
Fisher & Phillips LLP
300 S. Fourth Street, Suite 1500
Las Vegas, NV 89101

By:

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/s/ Danielle J. Barraza
KATHLEEN J. ENGLAND
Gilbert & England Law Firm
610 South Ninth Street
Las Vegas, NV 89101

Case 2:17-cv-00019-GMN-PAL Document 41 Filed 10/26/17 Page 4 of 4

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DONALD R. LIVINGSTON
ESTHER G. LANDER
Akin Gump Strauss Hauer & Feld LLP
1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036

JASON R. MAIER
DANIELLE J. BARRAZA
Maier Gutierrez & Associates
8816 Spanish Ridge Avenue
Las Vegas, NV 89148

Attorneys for Defendant,
Desert Palace, Inc., d/b/a
Caesars Palace

Attorneys for Plaintiffs,
William J. Berry, Jr., Cynthia
Falls, and Shane Kaufmann

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IT IS SO ORDERED:

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____________________________
United States Magistrate Judge

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October 31, 2017
Dated: __________________

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