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)

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Case 2:17-cv-00019-GMN-PAL Document 41 Filed 10/26/17 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 SCOTT M. MAHONEY (Nev. Bar No. 1099) FISHER & PHILLIPS LLP 300 S. Fourth Street, Suite 1500 Las Vegas, NV 89101 Telephone: (702) 252-3131 smahoney@fisherphillips.com 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: (202) 887-4000 Facsimile: (202) 887-4288 dlivingston@akingump.com elander@akingump.com Attorneys for Defendant DESERT PALACE, INC., d/b/a CAESARS PALACE 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 16 WILLIAM J. BERRY, JR.; CYNTHIA FALLS; and SHANE KAUFMAN, 17 Plaintiffs, 18 v. 19 DESERT PALACE, INC., d/b/a CAESARS PALACE; DOES I through X, and ROE BUSINESS ENTITIES I through X, inclusive, 15 20 21 Case No. 2:17-cv-00019-GMN-PAL STIPULATION AND ORDER TO STAY LITIGATION PENDING OUTCOME OF MEDIATION Defendants. 22 23 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs 24 WILLIAM J. BERRY, JR., CYNTHIA FALLS, and SHANE KAUFMANN and 25 Defendant DESERT PALACE, INC., d/b/a CAESARS PALACE, by and through 26 their respective counsel of record, that the current proceedings be stayed pending the 27 outcome of a mediation between the parties, which will be set in early December 28 2017. The parties state as follows: Case 2:17-cv-00019-GMN-PAL Document 41 Filed 10/26/17 Page 2 of 4 1 1. This matter was commenced on January 3, 2017 [ECF No. 1]. 2 2. On June 2, 2017, the Court granted the parties’ proposed discovery 3 plan/scheduling order [ECF No. 25], which set December 29, 2017 as the discovery 4 cut-off date in this matter. 5 3. On June 26, 2017, the parties took part in an Early Neutral Evaluation 6 Conference with Magistrate Judge George Foley, Jr. [see ECF No. 27]. The case 7 continued on the normal litigation track because no settlement was reached. 8 9 10 4. The parties have thereafter engaged in extensive written discovery and document productions to each other. 5. On September 15, 2017, defendant filed a motion to sever the claims of 11 William J. Berry, Jr. [ECF No. 29]. Plaintiffs’ response was initially due on 12 September 29, 2017, but the parties agreed to extend time for plaintiffs to respond due 13 to new associating counsel joining the matter on plaintiffs’ behalf [see ECF No. 32]. 14 6. During this first extension of time, the lead counsel for the parties 15 conferred on several occasions regarding the issues in the case and whether it would 16 be wise to explore mediation. The parties therefore agreed to a second, and 17 subsequently a third, extension of time for plaintiffs to respond to defendant’s motion 18 to sever to allow the parties to continue their discussions regarding setting up and 19 scheduling a mediation session within the next two months [see ECF Nos. 35, 38]. 20 7. As the discussions have progressed, the parties have decided to move 21 forward with mediation, have agreed to an outside mediator, and are in the process of 22 finalizing terms and a mutually agreeable date for the mediation, which will be set on 23 December 5th, 12th, 13th, or 14th of 2017. 24 8. The parties have further agreed to file the instant Stipulation and Order 25 seeking to stay all proceedings in this matter, including the adjournment of the 26 following deadlines until after the mediation is concluded: 27 28 (i) Plaintiffs’ deadline to respond to defendant’s motion to sever the claims of William J. Berry, Jr. [ECF No. 29]; 2 Case 2:17-cv-00019-GMN-PAL Document 41 Filed 10/26/17 Page 3 of 4 (ii) 1 The discovery deadlines set forth in the discovery plan/scheduling order [ECF No. 25]; 2 (iii) 3 Defendant’s deadline to respond to Plaintiffs’ 5th Set of Requests to Produce Documents; and 4 (iv) 5 Defendant’s deadline to search for and produce responsive 6 electronically stored information (ESI) in response to Plaintiffs’ 7 Requests to Produce Nos. 12, 16, 17, and 18. 8 9 10 9. The parties will file an interim status report on Monday, October 30, 2017, as currently required by Local Rule LR 26-3. 10. The parties will also file a status report informing this Court of the status 11 of the matter within seven (7) days of completion of the mediation. If mediation is not 12 successful, the parties’ report will include new proposed deadlines for the discovery 13 cut-off, expert disclosures, dispositive motions, the joint pre-trial order, plaintiffs’ 14 response to ECF No. 29, defendant’s production of ESI, and defendant’s response to 15 plaintiff’s Fifth Set of Requests to Produce Documents. 16 11. A stay in this matter will allow the parties an opportunity to attempt to 17 settle this litigation without incurring any more fees and costs than absolutely 18 necessary, thereby promoting the interests of judicial economy and efficiency. No 19 prejudice would result to any party if this joint Stipulation and Order is granted. 20 12. This stipulation is made in good faith to allow the parties to make 21 diligent and sincere efforts to resolve the matter without further involvement of the 22 Court and is not for the purpose of causing any undue delay. 23 IT IS SO STIPULATED. 24 25 Dated: October 26, 2017 Dated: October 26, 2017 26 By: ____/s/ Esther G. Lander_______ SCOTT M. MAHONEY Fisher & Phillips LLP 300 S. Fourth Street, Suite 1500 Las Vegas, NV 89101 By: 27 28 3 /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 1 2 3 4 5 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 6 7 8 9 IT IS SO ORDERED: 10 ____________________________ United States Magistrate Judge 11 12 October 31, 2017 Dated: __________________ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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