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)

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Case 2:20-cv-00304-RFB-NJK Document 43 Filed 04/01/21 Page 1 of 4 1 2 3 4 5 6 Scott Whitworth, NV Bar #15671 Jason Sifers, NV Bar # 14273 MGM RESORTS INTERNATIONAL 6385 S. Rainbow Blvd., Suite 500 Las Vegas, Nevada 89118 Tel: (702) 692-5651 Fax: (702)669-4501 Email: Email: Attorney for Defendant MGM Grand Hotel, LLC 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 SALVADOR A. LIBUTAN, an Individual 11 Plaintiff, 12 vs. 13 MGM GRAND HOTEL LLC, a Domestic Limited-Liability Company. 14 15 Case No.: 2:20-cv-00304-RFB-NJK STIPULATION AND ORDER TO EXTEND DISCOVERY BY A PERIOD OF NINETY (90) DAYS (FIRST REQUEST) Defendants. 16 17 Plaintiff Salvador A. Libutan (“Plaintiff”) and Defendant MGM Grand Hotel, LLC 18 (“Defendant” or “MGM Grand”), by and through their counsel of record, hereby stipulate and agree to 19 extend all remaining discovery deadlines in this matter by a period of ninety (90) days. In compliance 20 with LR 26-3 and LR IA 6-1, the parties make the request herein based upon the following: 21 DISCOVERY THAT HAS BEEN COMPLETED 22 Both parties have exchanged initial disclosures under Fed. R. Civ. P. 26(a). Plaintiff’s initial 23 disclosures were served on November 20, 2021 and Defendant’s initial disclosures were served on 24 October 19, 2020. 25 Plaintiff has served his First Request for the Production of Documents; his First Set of 26 Interrogatories; and his First Request for Admissions. All such written discovery requests were served 27 on December 21, 2020. Defendant served its Response to Plaintiff’s First Request for the Production 28 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 1 4, 2021; and its Response to Plaintiff’s First Request for Admissions on January 20, 2021. Defendant 2 served initial written discovery requests on Plaintiff on March 31, 2021. 3 The parties are currently in the process of meeting and conferring regarding certain of 4 Defendant’s responses to Plaintiff’s written discovery requests and hope to resolve their concerns 5 without intervention by the Court. 6 REASONS WHY DISCOVERY HAS NOT BEEN COMPLETED 7 The parties have been attempting to resolve a discovery dispute arising from Defendant’s 8 responses to certain of Plaintiff’s requests for production and interrogatories. Among other issues, the 9 parties had a dispute regarding the temporal limit of Plaintiff’s discovery requests. At a hearing on 10 Defendant’s partial motion to dismiss on March 30, 2021, Judge Boulware provided guidance to the 11 parties regarding the permissible temporal scope of discovery. Defendant has agreed to supplement 12 certain responses, but the parties are still actively engaged in a meet and confer regarding others. While 13 the parties are attempting to resolve these issues informally and in good faith, the parties may 14 ultimately require the Court’s intervention. Once this matter has been resolved, whether by the parties 15 or the Court, Plaintiff will be in a position to conduct its deposition of Defendant’s Fed. R. Civ. P. 16 30(b)(6) designee The parties are therefore requesting additional time to resolve these discovery issues 17 and then proceed swiftly with the necessary depositions. 18 DISCOVERY THAT REMAINS TO COMPLETED 19 As discussed above, with the parties are currently engaged in a meet and confer in an attempt 20 to resolve a dispute regarding Defendant’s discovery responses. Plaintiff anticipates that if the issues 21 are resolved satisfactorily, additional document production and more definite interrogatory responses 22 will need to be served. If such issues are not resolved, Plaintiff anticipates that motion practice will 23 be necessary. Additionally, Plaintiff will need to take the deposition of the Defendant under FRCP 24 30(b)(6) as well as potentially three other percipient witness depositions. Defendant intends to take 25 Plaintiff’s deposition and serve additional written discovery as necessary. 26 27 28 2. Case 2:20-cv-00304-RFB-NJK Document 43 Filed 04/01/21 Page 3 of 4 1 2 PROPOSED SCHEDULE The parties propose the following schedule: 3 EVENT CURRENT DEADLINE PROPOSED DEADLINE 4 Discovery Cut-Off Date April 26, 2021 July 26, 2021 5 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Case 2:20-cv-00304-RFB-NJK Document 43 Filed 04/01/21 Page 4 of 4 1 This is the parties’ first request for an extension of the discovery schedule. As discussed above, 2 the parties hope to resolve the outstanding issues with respect to the discovery responses that have 3 been served without the Court’s assistance and believe such additional time for the remaining 4 discovery deadlines will prove beneficial. Accordingly, this request is made in good faith and not for 5 the purpose of delay. 6 Dated: March 31, 2021. 7 8 9 10 11 12 13 14 15 16 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: (702) 625-3893 Scott Whitworth, NV Bar #15671 Jason Sifers, NV Bar # 14273 6385 S. Rainbow Blvd., Suite 500 Las Vegas, NV 89118 Telephone: (702) 692-5651 Attorneys For Plaintiff Salvador Libutan Attorneys for Defendant MGM Grand Hotel, LLC 17 18 19 ORDER 20 21 22 IT IS SO ORDERED: ____________________________________ UNITED STATES DISTRICT JUDGE 23 24 DATED: April 1, 2021 25 26 27 28 4.

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