Falls et al v. Desert Palace, Inc

Filing 83

ORDER Granting 81 Third Stipulation to Extend Deadlines. Discovery due by 10/21/2018. Motions due by 11/30/2018. Joint Pretrial Order: date is unchanged. Signed by Magistrate Judge Peggy A. Leen on 8/10/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00019-GMN-PAL Document 81 Filed 08/02/18 Page 1 of 5

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PATRICK H. HICKS (Nev. Bar No. 4832)
LITTLER MENDELSON P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169
Telephone: [phone]
[e-mail]

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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]
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]
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]
Attorneys for Defendant
DESERT PALACE, INC., d/b/a CAESARS PALACE

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UNITED STATES DISTRICT COURT
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 EXTEND
DISCOVERY AND DISPOSITIVE
MOTION DEADLINES
(Third Request)

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Defendants.
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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs WILLIAM J.
BERRY, JR., CYNTHIA FALLS, and SHANE KAUFMANN and Defendant DESERT

Case 2:17-cv-00019-GMN-PAL Document 81 Filed 08/02/18 Page 2 of 5

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PALACE, INC., d/b/a CAESARS PALACE (“Caesars”), by and through their respective counsel

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of record, that (i) the deadline for completion of depositions be extended from the current

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discovery cutoff date of August 24, 2018, to October 21, 2018; (ii) the deadline for written

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discovery related to new information disclosed during the depositions of Maggie Gong, Dan

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Burdalski, and Kim Williams, be extended from July 25, 2018, to August 16, 2018; and the

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dispositive motion deadline be extended from September 24, 2018, to November 30, 2018. This

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is the parties’ third stipulation to extend discovery deadlines. The parties state as follows:

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DISCOVERY COMPLETED
1. Plaintiffs filed suit on January 3, 2017 (ECF No. 1).
2. Discovery has twice been stayed while the parties attended mediation sessions on
October 31, 2017 (ECF No. 45) and May 8, 2018 (ECF No. 73).
3. To date, as a group, plaintiffs William J. Berry, Jr., Shane Kaufmann, and Cynthia Falls
have:

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(i) Made initial disclosures on or about May 24, 2017;

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(ii) Propounded 14 sets of requests for production (RFP) of documents, totaling

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99 individual requests;

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(iii) Propounded 3 sets of interrogatories, totaling 59 individual interrogatories;

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(iv) Noticed the depositions of 3 individuals and Caesars’ corporate

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representative on two subjects. Following a meet and confer regarding

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scheduling, the depositions are scheduled for, August 2, 2-18 (30(b)(6)),

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August 3, 2018 (Kim Williams), August 8, 2018 (Maggie Gong), and August

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9, 2018 (Dan Burdalski).

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4. To date, Caesars has:
(i) Made initial disclosures on or about May 26, 2017, and supplemented those
disclosures in April and July 2018;
(ii) Propounded 6 sets of requests for production (RFP) of documents, totaling 88
individual requests;

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Case 2:17-cv-00019-GMN-PAL Document 81 Filed 08/02/18 Page 3 of 5

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(iii) Propounded 3 sets of interrogatories, totaling 40 individual interrogatories;

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and
(iv) Deposed the three plaintiffs.1

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5. Caesars has produced 25,747 pages of documents and responsive video files.

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6. Plaintiffs have produced 2,576 pages of documents and one audio record.

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DISCOVERY REMAINING
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7. The parties agree that an extension of the discovery deadline to October 21, 2018, to

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complete depositions is appropriate. Caesars reserves its right to object to depositions exceeding

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the ten provided for under Rule 30(a)(2).

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8. The parties agree that plaintiffs should have an opportunity to propound written discovery

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related to new information disclosed during the depositions of Maggie Gong, Dan Burdalski, and

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Kim Williams, though Caesars reserves all objections to the substance of such discovery requests.

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9. Plaintiffs reserve their right to seek relief from the Court for additional discovery beyond

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what Caesars has agreed to in this stipulation.

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JUSTIFICATION
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10. Plaintiffs began noticing the pending depositions between June 28, 2018, and July 3,

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2018. The parties met and conferred in good faith regarding scheduling. In light of plaintiffs’

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counsel’s accommodations of the deponents’ scheduling conflicts, and in light of plaintiffs’

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counsel’s unexpected family medical issues which will require additional flexibility and absence

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in August (when discovery is scheduled to end on August 24), the parties agree that a brief

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extension to October 21, 2018, to complete depositions is appropriate. The parties also agree that

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written discovery related to new information disclosed during the depositions of Maggie Gong,

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Dan Burdalski, and Kim Williams, which could have been served in advance of the currently-

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The depositions of plaintiffs Kaufmann and Falls are not yet completed. Caesars completed its
direct examination of each plaintiff, and plaintiff’s counsel began questioning each, but did not
finish. The parties continue to discuss continuation of those depositions.
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Case 2:17-cv-00019-GMN-PAL Document 81 Filed 08/02/18 Page 4 of 5

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scheduled discovery cutoff absent accommodation of the deponents’ scheduling conflicts, is

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appropriate.

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PROPOSED SCHEDULE

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11.
Scheduled Event

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Current Deadline

Proposed NEW Deadline

August 24, 2018

October 21, 2018

July 25, 2018

August 16, 2018

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Completion of depositions

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Service of written discovery
related to new information
disclosed during the
depositions of Maggie Gong,
Dan Burdalski, and Kim
Williams

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Dispositive Motions

September 24, 2018

November 30, 2018

Joint Pretrial Order

30 days after
dispositive motion
deadline if no
dispositive motions
filed, or 30 days after
decision on any
dispositive motion(s)

Unchanged

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12. This stipulation is made in good faith to allow the parties to continue to make diligent and

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sincere efforts to complete discovery and is not for the purpose of causing any undue delay, and

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the parties agree that good cause therefor exists for the stipulated extensions.
IT IS SO STIPULATED.

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Dated: August 1, 2018

Dated: August 1, 2018

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By:

/s/Patrick H. Hicks
PATRICK H. HICKS
Littler Mendelsohn P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169

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

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Case 2:17-cv-00019-GMN-PAL Document 81 Filed 08/02/18 Page 5 of 5

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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

SCOTT M. MAHONEY
Fisher & Phillips LLP
300 S. Fourth Street, Suite 1500
Las Vegas, NV 89101

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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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August 10, 2018
Dated: __________________

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