Schrader v. Wynn et al

Filing 172

ORDER Granting 171 Stipulation to stay discovery. Signed by Magistrate Judge Brenda Weksler on 11/18/2022. (Copies have been distributed pursuant to the NEF - LOE)

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Case 2:19-cv-02159-JCM-BNW Document 171 Filed 11/17/22 Page 1 of 4 1 2 3 4 5 6 7 8 DEVERIE J. CHRISTENSEN, ESQ. Nevada Bar No. 6596 JOSHUA A. SLIKER, ESQ. Nevada Bar No. 12493 JACKSON LEWIS P.C. 300 S. Fourth Street, Suite 900 Las Vegas, Nevada 89101 Telephone: (702) 921-2460 Facsimile: (702) 921-2461 E-Mail: E-Mail: Attorneys for Defendants Wynn Las Vegas, LLC and Wynn Resorts, Ltd. 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 BRENNA SCHRADER, an individual, on behalf of herself and all others similarly situated, Plaintiff, 13 vs. 14 15 16 17 18 Case No. 2:19-cv-02159-JCM-BNW STIPULATION TO STAY DISCOVERY PENDING PRIVATE MEDIATION (First Request) STEPHEN ALAN WYNN; an individual; MAURICE WOODEN, an individual, WYNN LAS VEGAS, LLC dba WYNN LAS VEGAS a Nevada Limited Liability, WYNN RESORTS, LTD, a Nevada Limited Liability Company; and DOES 1-20, inclusive; ROE CORPORATIONS 1-20, inclusive, Defendants. 19 20 IT IS HEREBY STIPULATED by and between Plaintiff Brenna Schrader (“Plaintiff”), 21 through her counsel Richard Harris Law Firm and Eglet Adams, Defendants Wynn Las Vegas, LLC 22 (“WLV”) and Wynn Resorts, Ltd. (“WRL”), through their counsel Jackson Lewis P.C., and 23 Defendant Stephen Alan Wynn (“Mr. Wynn”), through his counsel Peterson Baker, PLLC and 24 Pisanelli Bice, PLLC, that discovery be stayed as of Friday, November 18, 2022, for 60 days, 25 through January 17, 2023, while the Parties engage in private mediation in an effort to resolve this 26 case. 27 1. This case was originally referred for an Early Neutral Evaluation (ENE) Conference 28 in 2019. See ECF 6. The parties subsequently stipulated to vacate the ENE because “the JACKSON LEWIS P.C. LAS VEGAS Case 2:19-cv-02159-JCM-BNW Document 171 Filed 11/17/22 Page 2 of 4 1 preliminary stage of the proceedings” was “a significant hurdle to meaningful participation in the 2 ENE,”,but that if the case would proceed after decision of Defendants’ respective motions to 3 dismiss, the parties could submit an appropriate stipulation if an ENE could assist resolution of the 4 case. See ECF 27. The Court approved the stipulation by order. See ECF 27. 5 2. Ultimately, the motions to dismiss were resolved, and the parties submitted a 6 proposed discovery plan and scheduling order on May 20, 2022, noting that “the parties will 7 continue to evaluate opportunities for alternative dispute resolution”. 8 9 10 11 12 3. On July 15, 2022, the Court issued an oral ruling setting initial discovery deadlines for this matter. ECF Nos. 161, 162. 4. On September 7, 2022, the Court granted the parties’ first request to extend discovery deadlines by 90 days. ECF No. 165. 5. The parties have been diligently working on written discovery. WRL and WLV 13 responded to Plaintiff’s First Set of Interrogatories and First Set of Requests for Production on 14 October 21, 2022. Plaintiff responded to WRL and WLV’s written discovery requests including 15 their First Set of Requests for Admission on October 19, 2022 and their First Set of Interrogatories 16 and First Set of Requests for Production on October 31, 2022. Plaintiff also responded to Mr. 17 Wynn’s First Set of Requests for Production on November 8, 2022. Further, WRL and WLV served 18 a notice of their intent to serve subpoenas for production of documents on six entities on November 19 15, 2022. 20 6. Plaintiff noticed the deposition of Maurice Wooden to take place on November 16, 21 2022, which date was rescheduled to December 7, 2022, due to a witness conflict. Plaintiff has 22 also requested other defense witness depositions, including a current Human Resources employee 23 and a former member of the Wynn Spa management, whose depositions the parties have been 24 working to coordinate among multiple parties, attorneys, and calendar conflicts. 25 7. WRL, WLV and Mr. Wynn noticed Plaintiff’s deposition to be taken on November 26 2, 2022, which deposition was rescheduled to November 18, 2022, while the parties engaged in 27 meaningful settlement discussions leading up to this stipulation requesting a stay of discovery 28 pending completion of mediation in the next 60 days. JACKSON LEWIS P.C. LAS VEGAS 2 Case 2:19-cv-02159-JCM-BNW Document 171 Filed 11/17/22 Page 3 of 4 8. 1 The parties have agreed to engage in private mediation and are presently attempting 2 to secure a date in December 2022 with a local private mediator. The parties desire to complete 3 private mediation prior to spending additional time and fees to conduct depositions, as well as 4 expert witnesses and substantial briefing regarding potential class certification. Given current 5 scheduling order deadlines, it will be necessary for the parties to simultaneously proceed with 6 depositions, expert discovery, and more while mediating, which will cause the parties to incur 7 substantial additional fees and costs that may be wholly unnecessary if the parties reach a resolution 8 at mediation. 9. 9 Accordingly, the parties have agreed and request the Court enter a 60-day stay on 10 discovery while the parties’ complete private mediation. At the conclusion of the 60 days, the 11 parties propose providing the Court a joint status report informing the Court whether a resolution 12 was reached at mediation. If a resolution is not reached, the parties will also submit a proposed 13 amended discovery plan with new dates for the Court’s consideration. 14 10. Discovery shall be stayed for 60 days, through and including January 17, 2023. 15 11. By January 17, 2023, the parties will submit a joint status report, and, in the event 16 the matter has not settled, a proposed amended discovery plan. 12. 17 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// JACKSON LEWIS P.C. LAS VEGAS This Stipulation is made in good faith and not for the purpose of delay. 3 Case 2:19-cv-02159-JCM-BNW Document 171 Filed 11/17/22 Page 4 of 4 1 13. This is the first request for a stay of discovery pending mediation. 2 Dated this 17th day of November, 2022. 3 EGLET ADAMS JACKSON LEWIS P.C. 4 /s/ Danielle C. Miller Tracy A. Eglet, Bar No. 6419 Danielle C. Miller, Bar No. 9127 Brittney Glover, Bar No. 15412 400 S. 7th Street, Ste. 400 Las Vegas, NV 89101 /s/ Deverie J. Christensen Deverie J. Christensen, Bar No. 6596 Joshua A. Sliker, Bar No. 12493 300 S. Fourth Street, Ste. 900 Las Vegas, Nevada 89101 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Attorneys for Defendants Wynn Las Vegas, LLC and Wynn Resorts, Ltd. RICHARD HARRIS LAW FIRM Burke Huber, Bar No. 10902 801 S. Fourth Street Las Vegas, Nevada 89101 Attorney for Plaintiff Brenna Schrader PETERSON BAKER, PLLC /s/ Todd L. Bice Tamara Beatty Peterson, Bar No. 5218 Nikki Baker, Bar No. 6562 701 S. 7th Street Las Vegas, Nevada 89101 Todd L. Bice, Bar No. 4534 Pisanelli Bice, PLLC 400 S. 7th Street, Suite 300 Las Vegas, NV 89101 Attorney for Defendant Stephen Alan Wynn 22 ORDER 23 IT IS SO ORDERED: 24 25 United States District Court Judge / United States Magistrate Judge 26 November 18, 2022 Dated: _________________________ 27 28 JACKSON LEWIS P.C. LAS VEGAS 4872-4837-0239, v. 1 4

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