Falls et al v. Desert Palace, Inc

Filing 56

ORDER Granting 53 Stipulation for Extension of Time (First Request) Re: 29 Motion to Sever. Replies due by 1/10/2018. Signed by Magistrate Judge Peggy A. Leen on 1/4/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00019-GMN-PAL Document 53 Filed 01/02/18 Page 1 of 2

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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]
Email: [e-mail]

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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]
Email: [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 KAUFMANN
Case No. 2:17-cv-00019-GMN-PAL

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

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(First Request)

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STIPULATION FOR DEFENDANTS’
REQUEST FOR AN ORDER TO EXTEND
DEFENDANT’S DEADLINE TO FILE A
REPLY IN SUPPORT OF DEFENDANT’S
MOTION TO SEVER PLAINTIFF
WILLIAM J. BERRY, JR. [ECF NO. 29]

TO:

THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD.

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Plaintiffs 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 their

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undersigned counsel, hereby agree to extend the time for defendant to file its reply in support of

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defendant’s motion to sever the claims of plaintiff William J. Berry, Jr. [ECF No. 29] filed on

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September 15, 2017. Plaintiffs filed their response to defendant’s motion on December 27, 2017,

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after several extensions were granted and the litigation was stayed pending the outcome of the

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parties’ (unsuccessful) December 13, 2017 mediation. Under the Federal Rules of Civil Procedure

Case 2:17-cv-00019-GMN-PAL Document 53 Filed 01/02/18 Page 2 of 2

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and the Court’s local rules, Defendant’s reply is currently due January 3, 2018. However, the parties

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agreed to a reply deadline of January 10, 2018 in the their Second Joint Status Report [ECF No. 49]

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and Proposed Discovery Plan/Scheduling Order [ECF No. 52], currently pending before the Court.

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This extension is requested by defense counsel because the parties’ proposed Discovery

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Plan/Scheduling Order has not yet been approved by the Court, defendant needs additional time to

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prepare its reply due to the intervening holiday, and plaintiffs’ counsel agreed to the extension as a

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professional courtesy. An extension until January 10, 2018, will not unduly delay this matter in any

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way.

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Dated: January 2, 2018

Dated: January 2, 2018

By:

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

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

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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January 4, 2018
Dated: __________________

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