Falls et al v. Desert Palace, Inc

Filing 73

ORDER Granting 72 Second Stipulation to Stay Litigation and Extend Discovery Deadlines by 30 Days. Discovery due by 8/24/2018. Motions due by 9/24/2018. Proposed Joint Pretrial Order due by 10/24/2018. Signed by Magistrate Judge Peggy A. Leen on 5/8/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00019-GMN-PAL Document 72 Filed 05/04/18 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]

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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]
[e-mail]

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WILLIAM J. EDELMAN (CA Bar No. 285177)
Admitted pro hac vice
AKIN GUMP STRAUSS HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, CA 94104
Telephone: [phone]
[e-mail]

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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,
Plaintiffs,
v.

Case No. 2:17-cv-00019-GMN-PAL

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

STIPULATION AND ORDER TO STAY
LITIGATION AND EXTEND DISCOVERY
DEADLINES BY THIRTY (30) DAYS

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(Second Request)
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Defendants.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs WILLIAM J.

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BERRY, JR., CYNTHIA FALLS, and SHANE KAUFMANN and Defendant DESERT

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PALACE, INC., d/b/a CAESARS PALACE, by and through their respective counsel of record,

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that (i) the current proceedings be stayed for thirty (30) days pending the outcome of a mediation

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between the parties, and (ii) the discovery deadlines set forth by the Amended Discovery Plan

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and Scheduling Order [ECF No. 55] will be extended by thirty (30) days. This is the parties’

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second stipulation to stay the current proceedings and to extend discovery deadlines. The parties

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state as follows:

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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 plan and

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scheduling order [ECF No. 25], which initially set December 29, 2017 as the discovery cut-off

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date in this matter.

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3.

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

with Magistrate Judge George Foley, Jr. [see ECF No. 27]. The case continued on the normal
litigation track because no settlement was reached.
4.

On October 26, 2017, the parties filed a Stipulation and Order to Stay Litigation

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Pending the Outcome of Mediation [ECF No. 41], which adjourned the discovery deadlines set

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forth in the initial Discovery Plan & Scheduling Order [ECF No. 25] until after the mediation

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was concluded. The Court entered an order staying litigation pending the outcome of mediation

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[see ECF No. 45].

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5.

On December 13, 2017, the parties held a mediation session at JAMS before the

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Honorable Lawrence R. Leavitt (Ret.). The mediation was directed to all matters raised in this

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litigation. Although the parties were hopeful that the mediation would result in the successful

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resolution of this matter without further involvement of the Court, the parties failed to reach a

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settlement and the mediation was terminated.

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6.

On January 4, 2018, the Court entered an amended discovery plan and scheduling

order [ECF No. 55] and set July 25, 2018 as the revised discovery cut-off date in this matter.
7.

In accordance with Local Rule 26-4, the parties represent that they have engaged

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in extensive written discovery and document productions to each other. To date, plaintiff has

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served and defendant has responded to plaintiffs’ 1st through 8th sets of requests for production

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of documents. In addition, defendant has served and all three plaintiffs have responded to

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defendant’s first sets of interrogatories and requests for production of documents. Also,

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defendant has deposed plaintiff William J. Berry, Jr. Discovery that remains to be completed
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includes the depositions of plaintiffs Cynthia Falls and Shane Kaufmann, company witnesses,

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and any other third party witnesses, as well as expert witness disclosures and depositions.

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8.

During the past two weeks, counsel for the parties conferred on several occasions

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regarding whether a follow-up mediation session would be a fruitful means of resolving the

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litigation. On May 1, 2018, the parties agreed to move forward with a third mediation session

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using an outside mediator. The parties are in the process of scheduling the mediation and agreed

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that the mediation session will take place at JAMS before the Honorable Lawrence R. Leavitt

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(Ret.) on either June 8th or 12th, 2018. The parties further agreed that two (2) weeks prior to the

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scheduled mediation, plaintiffs will deliver to defendant a counterproposal regarding the

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monetary settlement offer communicated by defendant to plaintiffs’ counsel on April 26, 2018.
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The parties also agreed to file the instant Stipulation and Order seeking to (i) stay

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the current proceedings for thirty (30) days until after the mediation is concluded, and (ii) extend

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the discovery deadlines set forth by the Amended Discovery Plan and Scheduling Order [ECF

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No. 55] by thirty (30) days to account for the parties’ second proposed stay of litigation. Based

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on the foregoing, the parties stipulate and propose the following revised discovery deadlines:

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(i)

Completion of Discovery and Discovery Cutoff Date. The discovery

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period will close on August 24, 2018, which is thirty (30) days from the current discovery cutoff

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date of July 25, 2018.

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(ii)

Expert Witness Disclosures. The disclosure of any expert witnesses

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shall be made on or before June 25, 2018, which is 60 days before the discovery deadline. The

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disclosures of any rebuttal experts shall be due on or before July 25, 2018, which is 30 days

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before the discovery deadline.

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(iii)

Dispositive Motions. Dispositive motions shall be filed no later than

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September 24, 2018, which is the first business day that follows 30 days after the discovery

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deadline.

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(iv)

Joint Pretrial Order. The Joint Pretrial Order shall be filed no later than

October 24, 2018, which is 30 days after the dispositive motions deadline. However, in the event

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that dispositive motions are filed, the date for filing the Joint Pretrial Order shall be suspended

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until 30 days after a decision on the dispositive motions or further order of the Court.

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10.

A brief 30-day stay in this matter will allow the parties another opportunity to

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attempt to 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. In addition, a

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thirty (30) day extension of the discovery deadlines set forth by the Amended Discovery Plan

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and Scheduling Order [ECF No. 55] will not unduly delay this matter in any way. No prejudice

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

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

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

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not for the purpose of causing any undue delay.

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IT IS SO STIPULATED.

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Dated: May 4, 2018

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By:

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Dated: May 4, 2018

/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

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

WILLIAM J. EDELMAN
Akin Gump Strauss Hauer & Feld LLP
580 California Street, Suite 1500
San Francisco, CA 94104

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

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

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IT IS SO ORDERED:

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____________________________
United States Magistrate Judge

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May 8, 2018
Dated: __________________

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