Ferris et al v. Wynn Resorts Limited et al

Filing 198

ORDER Denying 188 Proposed Discovery Plan and Granting in Part 189 Proposed Discovery Plan. Discovery shall occur as outlined in the Order, including the following deadlines: Motion for Class Certification due by 1/7/2022. Responses due by 3/25/2022. Replies due by 5/27/2022. Parties shall meet and confer regarding all remaining subject matters that may be covered in Phase One Discovery no later by 11/19/2021. Joint Status Report due by 11/29/2021. See Order for additional deadlines. Signed by Magistrate Judge Elayna J. Youchah on 11/8/2021. (Copies have been distributed pursuant to the NEF - DRS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN V. FERRIS and JOANN M.
FERRIS, individually and on behalf of all
others similarly situated,

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Case No. 2:18-cv-00479-APG-EJY
ORDER

Plaintiffs,
v.
WYNN RESORTS LIMITED, STEPHEN A.
WYNN, CRAIG SCOTT BILLINGS,
STEPHEN COOTEY, MATTHEW O.
MADDOX, JOHN J. HAGENBUCH,
ROBERT J. MILLER, PATRICIA
MULROY, CLARK T. RANDT JR., ALVIN
V. SHOEMAKER, KIMMARIE SINATRA,
DANIEL B. WAYSON, JAY L. JOHNSON,
RAY R. IRANI, and J. EDWARD VIRTUE,

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Defendants.

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This Order follows the hearing held on November 8, 2021 that addressed Plaintiffs’ Proposed

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Discovery Plan and Scheduling Order (ECF No. 188) and Defendants’ Proposed Phase One

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Discovery Plan. ECF No. 189.

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As stated on the record, IT IS HEREBY ORDERED that Plaintiffs’ Proposed Discovery Plan
and Scheduling Order (ECF No. 188) is DENIED.
IT IS FURTHER ORDERED that Defendants’ Proposed Phase One Discovery Plan (ECF
No. 189) is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED that discovery will occur in phases with Phase One proceeding

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as follows:

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Documents shall be produced on a rolling basis. Subject to rulings on any
objections and/or discovery disputes, good faith production by the parties of all
documents responsive to document requests that are served on or before
December 8, 2021 shall be substantially complete by January 7, 2022.
Plaintiffs’ Motion for Class Certification must be filed by January 31, 2022.
Defendants’ Opposition to Plaintiffs’ Motion for Class Certification must be filed
by March 25, 2022.
Plaintiffs’ Reply in support of Motion for Class Certification must be filed by
May 27, 2022.
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Any request to file a sur-reply must be sought through a motion.
Lead Plaintiffs will use best efforts to be available for deposition, which may be
conducted by video or other remote means at Lead Plaintiffs’ sole discretion, on
issues related to Phase One of discovery on mutually agreeable dates no later than
March 1, 2022.
Plaintiffs will serve the report of any expert offered in support of their Motion for
Class Certification, excluding any rebuttal report or other report offered in
response to Defendants’ Opposition to Plaintiffs’ Motion for Class Certification,
concurrently with the filing of their Motion for Class Certification. Defendants
may depose and/or seek discovery from any expert offered in support of
Plaintiffs’ Motion for Class Certification at any time prior to the deadline for
Defendants to file their Opposition to Plaintiffs’ Motion for Class Certification,
subject to the expert’s availability.
Plaintiffs will use best efforts to make available for deposition, which may be
conducted by video or other remote means at Plaintiffs’ sole discretion, on
mutually agreeable dates no later than March 1, 2022, any expert who submits a
report in support of Plaintiffs’ Motion for Class Certification.
In the event Plaintiffs are unable to make Lead Plaintiffs or its expert(s) available
for deposition on mutually agreeable dates prior to March 1, 2022, and upon a
stipulation and proposed order submitted to the Court, the deadline for
Defendants’ Opposition to Plaintiffs’ Motion for Class Certification and
Plaintiffs’ Reply in support of Motion for Class Certification will each be
extended by the amount of time between March 1, 2022, and when the last of
either Lead Plaintiffs or Plaintiffs’ expert(s) is deposed.
Defendants will serve the report of any expert offered in Opposition to Plaintiffs’
Motion for Class Certification concurrently with the filing of their Opposition.
Plaintiffs may depose and/or seek discovery from any expert offered in opposition
to Plaintiffs’ Motion for Class Certification at any time prior to the deadline for
Plaintiffs to file their reply.
Defendants will use best efforts to be available for deposition on issues related to
Phase One of discovery on mutually agreeable dates no later than May 6, 2022.
Defendants will use best efforts to make available for deposition, on mutually
agreeable dates no later than May 6, 2022, any expert who submits a report in
support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification.
In the event that one or more Defendant or Defendants’ expert(s) is unable to
make themselves available for deposition on mutually agreeable dates prior to
May 6, 2022, and upon a stipulation and proposed order submitted to the
Court, the deadline for Plaintiffs’ Reply in support of Motion for Class
Certification shall be extended by the amount of time between May 6, 2022, and
the last of either any Defendant or any Defendants’ expert is deposed.
Within 21 days of the Court’s ruling on class certification, the parties shall submit
a second proposed discovery plan and scheduling order addressing all remaining
topics for discovery. The parties reserve the right to take second depositions of
anyone deposed in Phase One of discovery.
The above does not preclude the parties from seeking to the extend any deadline
stated above for any reason other than a reason expressly stated herein.

IT IS FURTHER ORDERED that Phase One Discovery shall include, but not be limited to:
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Whether Plaintiffs are subject to unique defenses, whether Plaintiffs are typical
of those of the putative class, and/or whether Plaintiffs are adequate
representatives of the class;
Plaintiffs’ standing, including whether Plaintiffs have standing to assert the
Exchange Act claims;
Plaintiffs’ proposed model(s) for alleged damages; and,
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Plaintiffs’ putative class definition(s), and whether Plaintiffs are members of such
putative class(es).

IT IS FURTHER ORDERED that the parties shall meet and confer regarding all remaining
subject matters that may be covered in Phase One Discovery no later than November 19, 2021.

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IT IS FURTHER ORDERED that the parties shall file a status report no later than November

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29, 2021 stating whether they have agreed on remaining topics to be covered in Phase One Discovery

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or whether they seek to brief issues pertaining to remaining topics on which they disagree. To the

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extent the parties seek to brief issues to be considered by the Court, the parties shall propose a

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briefing schedule, select three dates on which all parties are available for a hearing, and any

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extensions of discovery deadlines stated above.

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IT IS FURTHER ORDERED that agreement to topics on which discovery in Phase One is

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to occur does not preclude the parties from filing discovery motions following a genuine and robust

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meet and confer process documented in a concurrently filed declaration.

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Dated this 8th day of November, 2021.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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