Mendez De Quinonez v. MGM Resorts International et al

Filing 37

ORDER Granting 36 Third Stipulation to Extend Discovery and Dispositive Motion Deadlines. Discovery due by 8/13/2018. Motions due by 9/12/2018. Proposed Joint Pretrial Order due by 10/27/2018. No further extensions will be allowed.Signed by Magistrate Judge Peggy A. Leen on 7/10/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02394-RFB-PAL Document 36 Filed 06/26/18 Page 1 of 5

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JAMES P. KEMP, ESQ.
Nevada Bar No: 6375
VICTORIA L. NEAL, ESQ.
Nevada Bar No.: 13382
KEMP & KEMP
7435 W. Azure Drive, Ste 110
Las Vegas, NV 89130
702-258-1183 ph./702-258-6983 fax
[e-mail]
[e-mail]

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Attorneys for Plaintiff
Maria Mendez de Quinonez

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
***

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ATTORNEYS AT LAW
624 N. RAINBOW BOULEVARD
LAS VEGAS, NEVADA 89107
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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)
)
)
Plaintiff,
)
vs.
)
)
RAMPARTS INC., d/b/a LUXOR HOTEL &)
CASINO,
)
)
Defendant.
)
MARIA MENDEZ DE QUINONEZ,

Case No.: 2:17-cv-02394-RFB-PAL
STIPULATION AND ORDER TO
EXTEND DISCOVERY AND
DISPOSITIVE MOTION DEADLINES
(Third Request)

The parties, by and through their respective counsel of record, hereby stipulate and agree as
follows:
1.

On December 15, 2017, this Court entered an Order granting the Stipulated Discovery

Plan and Scheduling Order submitted by the parties (ECF No. 27).
2.

On April 9, 2018, this Court entered an Order granting the parties’ joint Stipulation to

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Extend Discovery and Dispositive Motion deadlines for a period of 30 days to allow the parties to

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complete deposition discovery only (ECF No. 33), which the parties genuinely believed would be

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sufficient time to complete all remaining discovery.

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3.

On May 31, 2018, this Court entered an Order granting the parties’ joint Stipulation to

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Case 2:17-cv-02394-RFB-PAL Document 36 Filed 06/26/18 Page 2 of 5

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ATTORNEYS AT LAW
624 N. RAINBOW BOULEVARD
LAS VEGAS, NEVADA 89107
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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Extend Discovery and Dispositive Motion deadlines for a period of 30 days to allow the parties to
complete deposition discovery only (ECF No. 35) which the parties genuinely believed would be
sufficient time to complete all remaining discovery.
This third request arises from the parties sincere belief this matter can be resolved, but
additional time is required to do so. The parties began discussions to resolve this matter on June 5,
2018, which has included gathering additional information necessary to resolve this matter fully and
completely. The parties continue in their discussions and additional information may be necessary. If
this matter does not reach resolution, current outstanding depositions will need to be taken, as well as
concluding Plaintiff’s deposition on limited topics as was agreed to by respective Counsel.
4.

The parties stipulate and agree to extend the discovery deadline for sixty-one (61) days

from July 13, 2018 up to and including August 13, 2018, for the Parties to continue their efforts to
resolve this matter and should those efforts be unsuccessful, for purposes of allowing the parties to
complete deposition discovery, allow for deposition transcripts to be prepared timely, and to allow for
discovery to be completed prior to the filing of dispositive motions.
5.

The parties further agree to extend the due date for dispositive motions to thirty (30)

days after the proposed new close of discovery.
STATEMENT OF DISCOVERY THAT HAS BEEN COMPLETED
The parties have been diligently pursuing discovery. To date, they have exchanged initial
disclosures, including relevant documents, supplemented their initial disclosures, exchanged written
document requests and interrogatories, and responded to the same. Depositions have been taken.
Plaintiff served the following disclosures:
a.

Initial Disclosures on November 29, 2017;

b.

First Supplemental Disclosures on December 19, 2017.

c.

Second Supplemental Disclosures on March 30, 2018.

d.

Third Supplemental Disclosures on April 30, 2018.

e.

Fourth Supplemental Disclosures on May 14, 2018.

f.

Fifth Supplemental Disclosures on June 8, 2018.

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Case 2:17-cv-02394-RFB-PAL Document 36 Filed 06/26/18 Page 3 of 5

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Defendant served the following disclosures:

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a.
b.

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Eighth Supplemental Disclosures on June 13, 2018.

j.

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Seventh Supplemental Disclosures on May 24, 2018.

i.

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Sixth Supplemental Disclosures on May 21, 2018.

h.

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Fifth Supplemental Disclosures on May 14, 2018.

g.

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Fourth Supplemental Disclosures on May 4, 2018.

f.

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Third Supplemental Disclosures on April 17, 2018.

e.

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Second Supplemental Disclosures on March 28, 2018.

d.

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First Supplemental Disclosures on March 8, 2018.

c.

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Initial Disclosures on November 29, 2017;

Ninth Supplemental Disclosures on June 19, 2018.

ATTORNEYS AT LAW
624 N. RAINBOW BOULEVARD
LAS VEGAS, NEVADA 89107
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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Plaintiff served the following discovery requests:

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a.
b.

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e.

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Second Set of Requests for Production of Documents. Defendant responded

on April 19, 2018.

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First Set of Requests for Production of Documents. Defendant responded on

February 7, 2018.

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Third Set of Interrogatories. Defendant responded on May 15, 2018.

d.

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Second Set of Interrogatories. Defendant responded on May 10, 2018.

c.

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First Set of Interrogatories. Defendant responded on February 7, 2018.

f.

Third Set of Requests for Production of Documents. Defendant responded on

g.

Plaintiff took the deposition of two fact witnesses on June 5, 2018. Plaintiff has

May 10, 2018.

at least one additional fact witness to depose in addition to witness(es) pursuant to Fed. R. Civ. P.
30(b)(6). An additional deposition was vacated so the Parties could discuss resolution of this matter.
The parties began collaborating with Defendant to set deposition(s) pursuant to Fed. R. Civ. P.
30(b)(6) and have engaged in initial discussion regarding 30(b)(6) topic/subjects. Those discussions

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Case 2:17-cv-02394-RFB-PAL Document 36 Filed 06/26/18 Page 4 of 5

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are on hold while the Parties discuss resolution of this matter before additional fees and costs are
expended.

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Defendant served the following discovery requests:

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a.
b.

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e.

ATTORNEYS AT LAW
624 N. RAINBOW BOULEVARD
LAS VEGAS, NEVADA 89107
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

STATEMENT OF DISCOVERY THAT REMAINS TO BE COMPLETED

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For the above stated reasons, the parties request that the deadline to complete depositions be
extended for sixty-one days (61) days from July 13, 2018, to August 13, 2018, to fully explore and
engage in discussions to resolve this matter and, should those discussions be unsuccessful, to
complete depositions.

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PROPOSED SCHEDULE

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The parties stipulate and agree that:

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1.

2.

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Dispositive Motions: The dispositive motions deadline shall be extended thirty (30)

days from August 13, 2018 to September 12, 2018.

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Discovery: The discovery period shall be extended sixty-one days (61) days from July

13, 2018, to August 13, 2018, to allow the parties to complete deposition discovery of necessary.

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Third party subpoenas on Plaintiff’s health care providers, the Culinary

Worker’s Pension Fund, and the Social Security Administration.

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Defendant took Plaintiff’s deposition on June 1, 2018.

f.

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First Set of Request for Production of Documents. Plaintiff responded on

March 30, 2018.

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Third Set of Interrogatories. Plaintiff responded on May 11, 2018.

d.

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Second Set of Interrogatories. Plaintiff responded on April 10, 2018.

c.

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First Set of Interrogatories. Plaintiff responded on March 30, 2018.

3.

Pre-Trial Order: If no dispositive motions are filed, the Joint Pretrial Order shall be

filed forty-five (45) days after the date set for the filing of dispositive motions, which is October 27,
2018. In the event dispositive motions are filed, the date for filing the Joint Pretrial Order shall be
suspended until thirty (30) days after decision on the dispositive motions or by further order of the
Court.

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Case 2:17-cv-02394-RFB-PAL Document 36 Filed 06/26/18 Page 5 of 5

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This stipulation and order is sought in good faith and not for the purpose of delay.
DATED this 26th day of June, 2018.

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KEMP & KEMP

JACKSON LEWIS P.C.

/s/ Victoria L. Neal _____
James P. Kemp, NV Bar No. 6375
Victoria L. Neal, NV Bar No. 13382
7435 W. Azure Drive, Suite 110
Las Vegas, Nevada 89130

/s/ Elayna J. Youchah
Elayna J. Youchah, NV Bar No. 5837
Donald P. Paradiso, NV Bar No. 12845
3800 Howard Hughes Parkway, Ste. 600
Las Vegas, Nevada 89169

Attorneys for Plaintiff
Maria Mendez De Quinonez

Attorneys for Defendant
Ramparts, Inc. dba Luxor Hotel Casino

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ORDER

ATTORNEYS AT LAW
624 N. RAINBOW BOULEVARD
LAS VEGAS, NEVADA 89107
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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IT IS SO ORDERED. IT IS FURTHER ORDERED THAT NO FURTHER EXTENSIONS
WILL BE ALLOWED.
United States Magistrate Judge
Date:

July 10, 2018

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