Libutan v. MGM Grand Hotels LLC.

Filing 43

ORDER granting 41 Stipulation; Discovery due by 7/26/2021. Motions due by 8/24/2021. Proposed Joint Pretrial Order due by 9/23/2021. Signed by Judge Richard F. Boulware, II on 4/1/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:20-cv-00304-RFB-NJK Document 43 Filed 04/01/21 Page 1 of 4

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Scott Whitworth, NV Bar #15671
Jason Sifers, NV Bar # 14273
MGM RESORTS INTERNATIONAL
6385 S. Rainbow Blvd., Suite 500
Las Vegas, Nevada 89118
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorney for Defendant
MGM Grand Hotel, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SALVADOR A. LIBUTAN, an Individual

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Plaintiff,

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vs.

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MGM GRAND HOTEL LLC, a Domestic
Limited-Liability Company.

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Case No.: 2:20-cv-00304-RFB-NJK
STIPULATION AND ORDER TO EXTEND
DISCOVERY BY A PERIOD OF NINETY
(90) DAYS
(FIRST REQUEST)

Defendants.

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Plaintiff Salvador A. Libutan (“Plaintiff”) and Defendant MGM Grand Hotel, LLC

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(“Defendant” or “MGM Grand”), by and through their counsel of record, hereby stipulate and agree to

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extend all remaining discovery deadlines in this matter by a period of ninety (90) days. In compliance

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with LR 26-3 and LR IA 6-1, the parties make the request herein based upon the following:

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DISCOVERY THAT HAS BEEN COMPLETED

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Both parties have exchanged initial disclosures under Fed. R. Civ. P. 26(a). Plaintiff’s initial

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disclosures were served on November 20, 2021 and Defendant’s initial disclosures were served on

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October 19, 2020.

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Plaintiff has served his First Request for the Production of Documents; his First Set of

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Interrogatories; and his First Request for Admissions. All such written discovery requests were served

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on December 21, 2020. Defendant served its Response to Plaintiff’s First Request for the Production

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of Documents on February 5, 2021; its Response to Plaintiff’s First Set of Interrogatories on February

Case 2:20-cv-00304-RFB-NJK Document 43 Filed 04/01/21 Page 2 of 4

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4, 2021; and its Response to Plaintiff’s First Request for Admissions on January 20, 2021. Defendant

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served initial written discovery requests on Plaintiff on March 31, 2021.

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The parties are currently in the process of meeting and conferring regarding certain of

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Defendant’s responses to Plaintiff’s written discovery requests and hope to resolve their concerns

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without intervention by the Court.

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REASONS WHY DISCOVERY HAS NOT BEEN COMPLETED

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The parties have been attempting to resolve a discovery dispute arising from Defendant’s

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responses to certain of Plaintiff’s requests for production and interrogatories. Among other issues, the

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parties had a dispute regarding the temporal limit of Plaintiff’s discovery requests. At a hearing on

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Defendant’s partial motion to dismiss on March 30, 2021, Judge Boulware provided guidance to the

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parties regarding the permissible temporal scope of discovery. Defendant has agreed to supplement

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certain responses, but the parties are still actively engaged in a meet and confer regarding others. While

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the parties are attempting to resolve these issues informally and in good faith, the parties may

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ultimately require the Court’s intervention. Once this matter has been resolved, whether by the parties

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or the Court, Plaintiff will be in a position to conduct its deposition of Defendant’s Fed. R. Civ. P.

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30(b)(6) designee The parties are therefore requesting additional time to resolve these discovery issues

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and then proceed swiftly with the necessary depositions.

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DISCOVERY THAT REMAINS TO COMPLETED

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As discussed above, with the parties are currently engaged in a meet and confer in an attempt

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to resolve a dispute regarding Defendant’s discovery responses. Plaintiff anticipates that if the issues

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are resolved satisfactorily, additional document production and more definite interrogatory responses

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will need to be served. If such issues are not resolved, Plaintiff anticipates that motion practice will

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be necessary. Additionally, Plaintiff will need to take the deposition of the Defendant under FRCP

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30(b)(6) as well as potentially three other percipient witness depositions. Defendant intends to take

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Plaintiff’s deposition and serve additional written discovery as necessary.

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2.

Case 2:20-cv-00304-RFB-NJK Document 43 Filed 04/01/21 Page 3 of 4

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PROPOSED SCHEDULE
The parties propose the following schedule:

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EVENT

CURRENT DEADLINE

PROPOSED DEADLINE

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Discovery Cut-Off Date

April 26, 2021

July 26, 2021

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Amending Pleadings/Add Parties

CLOSED

CLOSED

Expert Disclosures

CLOSED

CLOSED

Rebuttal Expert Disclosures

March 26, 2021

CLOSED

Dispositive Motions

May 26, 2021

August 24, 2021

Joint Pretrial Order

June 25, 2021

September 23, 2021 or 30
days after decision on
dispositive motions have
been entered, whichever is
later.

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3.

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This is the parties’ first request for an extension of the discovery schedule. As discussed above,

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the parties hope to resolve the outstanding issues with respect to the discovery responses that have

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been served without the Court’s assistance and believe such additional time for the remaining

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discovery deadlines will prove beneficial. Accordingly, this request is made in good faith and not for

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the purpose of delay.

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Dated: March 31, 2021.

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HKM EMPLOYMENT ATTORNEYS LLP

MGM GRAND HOTEL, LLC

By: /s/ Dana Sniegocki

By: /s/ Jason Sifers

Jenny L. Foley, NV Bar #9017
Dana Sniegocki, NV Bar # 11715
1785 East Sahara, Suite 300
Las Vegas, Nevada 89104
Telephone: [phone]

Scott Whitworth, NV Bar #15671
Jason Sifers, NV Bar # 14273
6385 S. Rainbow Blvd., Suite 500
Las Vegas, NV 89118
Telephone: [phone]

Attorneys For Plaintiff
Salvador Libutan

Attorneys for Defendant
MGM Grand Hotel, LLC

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ORDER

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IT IS SO ORDERED:
____________________________________
UNITED STATES DISTRICT JUDGE

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DATED: April 1, 2021

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