Rapovy v. Suncoast Hotel and Casino

Filing 25

ORDER Granting 24 Stipulation to Extend Discovery Cutoff, Dispositive Motion, and Pretrial Order Deadlines. Discovery due by 7/21/2023. Motions due by 8/21/2023. Proposed Joint Pretrial Order due by 9/20/2023. Signed by Magistrate Judge Brenda Weksler on 5/19/2023. (Copies have been distributed pursuant to the NEF - AMMi)

Download PDF
1 2 3 4 5 6 KAMER ZUCKER ABBOTT Carol Davis Zucker #2543 Kaitlin H. Paxton #13625 3000 West Charleston Boulevard, Suite 3 Las Vegas, Nevada 89102-1990 Tel. (702) 259-8640 Fax (702) 259-8646 czucker@kzalaw.com kpaxton@kzalaw.com Attorneys for Defendant Coast Hotels and Casinos, Inc. d/b/a Suncoast Hotel and Casino 7 UNITED STATES DISTRICT COURT 8 9 10 11 12 13 14 DISTRICT OF NEVADA ANNA RAPOVY, ) ) Plaintiff, ) ) vs. ) ) COAST HOTELS AND CASINOS, INC. d/b/a ) SUNCOAST HOTEL AND CASINO, a Nevada ) corporation; AND DOES 1-50, inclusive. ) ) Defendants. ) __________________________________ ____ ) 15 16 17 18 19 20 21 22 23 24 Case No. 2:22-cv-01240-JAD-BNW STIPULATION AND REQUEST TO EXTEND DISCOVERY CUTOFF, DISPOSITIVE MOTION, AND PRETRIAL ORDER DEADLINES (Second Request) Pursuant to LR IA 6-1 and LR 26-3, Plaintiff Anna Rapovy (“Plaintiff”) and Defendant Coast Hotels and Casinos, Inc. d/b/a Suncoast Hotel and Casino (“Suncoast”), by and through their respective counsel of record, stipulate and request that the Court extend the discovery cutoff, dispositive motion, and joint pretrial order deadlines in the Discovery Plan and Scheduling Order [ECF Nos. 17 and 21] for a second time by an additional sixty (60) days, as outlined herein, for limited purposes. As this Stipulation and Request is being made within twenty-one (21) days of the discovery cutoff, the parties are able to demonstrate good cause for the extension. In support of this Stipulation and Request, the parties state as follows: /// /// KAMER ZUCKER ABBOTT Attorneys at Law 3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • (702) 259-8640 Page 1 of 6 1 Discovery History 2 1. Defendant Suncoast was served with the Summons and Complaint [ECF. No. 1] in 3 this matter on August 3, 2022. Following amendments to the Complaint [ECF Nos. 6 and 13] and a 4 stipulated extension of time for Suncoast to respond [ECF No. 9], Suncoast timely filed its Answer 5 on September 22, 2022 [ECF No. 14]. 6 2. The parties’ Discovery Plan and Scheduling Order was approved by this Court on 7 October 21, 2022 [ECF No. 17]. The Discovery Plan and Scheduling Order provided for the standard 8 180 days for discovery and set a discovery cutoff of March 21, 2023. 9 3. The parties’ first request for an extension was granted on February 27, 2023 [ECF No. 10 21], which set a new discovery cutoff of May 22, 2023. This extension was largely based on the internal 11 substitution of Plaintiff’s counsel within the same firm and Suncoast’s need for additional time to 12 subpoena employment records and request medical records. 13 4. The parties have completed the following discovery to date: The parties timely 14 exchanged Initial Rule 26(f) disclosures on October 12, 2022. Suncoast propounded its first sets of 15 interrogatories and requests for production of documents and admissions on Plaintiff on November 16 15, 2022. Plaintiff provided responses as well as supplemental disclosures on January 20, 2023. The 17 parties then met and conferred on some aspects of the responses on February 14, 2023. Suncoast 18 served a subpoena to Plaintiff’s prior employer on March 30, 2023, but the prior employer is waiting 19 for a protective order before responding with documents, which it considers to be confidential. 20 Suncoast further requested records from Plaintiff’s medical providers on March 30, 2023, with the last 21 of the records being provided on May 8, 2023. Plaintiff propounded her first sets of interrogatories 22 and requests for production of documents and admissions on Suncoast on April 18, 2023. 23 /// 24 /// KAMER ZUCKER ABBOTT Attorneys at Law 3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • (702) 259-8640 Page 2 of 6 1 2 Planned Discovery 5. While searching and accessing electronic documents for response to Plaintiff’s 3 requests, Suncoast has encountered more potentially relevant emails in response to the requests for 4 production of documents than originally anticipated. Accordingly, it has requested a thirty-day 5 extension to respond in connection with this request for extension to the discovery cutoff. Both 6 parties have noticed depositions, but for reasons discussed below, they have needed to postpone them 7 to later dates. 8 6. The parties have agreed to extend the discovery window only for limited reasons, the 9 following discovery, unless otherwise agreed to by both parties: Suncoast plans to depose Plaintiff, 10 finish its responses to Plaintiff’s interrogatories and requests for admissions and document, and 11 supplement its disclosures. Plaintiff will take FRCP 30(b)(6) depositions. In response to sixteen (16) 12 topics in Plaintiff’s FRCP 30(b)(6) deposition notice, Suncoast anticipates needing three-to-four 13 individuals for those subjects. The Rule 30(b)(6) topics also are tied to the documents requested by 14 Plaintiff, so they will occur after Suncoast produces its responses. Plaintiff may also supplement her 15 prior disclosures. 16 Reasons to Extend Discovery and to File This Request Within Fewer than 21 Days 17 7. The parties have face numerous obstacles that resulted in necessary discovery being 18 delayed, with the most recent obstacles requiring an extension within twenty-one days of discovery 19 cut-off. Plaintiff’s medical providers requested written authorization from Plaintiff, so the parties 20 needed to meet and confer on medical records request authorizations, which then took additional time 21 to revise before execution. The parties discussed waiting to schedule Plaintiff’s deposition for after 22 those records were received. Following an extended window for the final practitioner to submit its 23 records, the parties agreed to hold Plaintiff’s deposition on May 15, 2023. Unfortunately, just before 24 the deposition, Plaintiff suffered a death in her family, requiring her to be out of town on the scheduled KAMER ZUCKER ABBOTT Attorneys at Law 3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • (702) 259-8640 Page 3 of 6 1 date of the deposition at the last minute, only able to provide notice on May 11, 2023. Such incident 2 further renders Plaintiff unable to sit for the deposition during the remaining window before discovery 3 cutoff. 4 8. In addition to Plaintiff’s loss, Suncoast has encountered issues gathering emails 5 potentially responsive to two of Plaintiff’s requests for production of documents. The computerized 6 files are extremely large and took a lengthy amount of time to transfer to Suncoast’s counsel and 7 review is anticipated to be lengthy. In addition, many documents will depend on the entering of the 8 parties’ protective order, which was only agreed to and filed on May 12, 2023, and will need to be 9 marked confidential due to the sensitive nature of casino surveillance. 10 9. Further, Suncoast has also needed an internal substitution of counsel within the same 11 firm as of May 12, 2023. Carol Davis Zucker is replacing Jen J. Sarafina as Ms. Sarafina has left Kamer 12 Zucker Abbott to work in the public sector. 13 10. Finally, on May 8, 2023, Plaintiff noticed its FRCP 30(b)(6) deposition for May 18, 14 2023, to be conducted before the discovery cutoff. However, Suncoast requested a meet and confer 15 to better assess which representatives to designate and anticipated needing three-to-four individuals, 16 which will necessarily push the depositions beyond the cutoff. Further, with the extension for 17 Suncoast to produce its responses, the FRCP 30(b)(6) depositions would be better conducted after 18 those responses are produced. 19 Proposed New Discovery Schedule The parties proposed the following extended deadlines:1 20 11. 21 Scheduled Event Current Deadline New Proposed Deadline 22 Discovery Cutoff May 22, 2023 July 21, 2023 23 24 1 As the deadlines have passed, the parties are not seeking extensions of time for amendment of pleadings, adding of parties, expert disclosures, and rebuttal expert disclosures. KAMER ZUCKER ABBOTT Attorneys at Law 3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • (702) 259-8640 Page 4 of 6 1 Dispositive Motions June 21, 2023 August 21, 2023 2 Joint Pretrial Order July 21, 2023 September 20, 2023 3 12. This request is being brought in good faith, jointly by the parties, and is not sought for 4 any improper purpose or other purpose of delay. This request is brought only to provide the parties 5 sufficient time to complete limited, necessary discovery in this case. Neither party will be prejudiced. 6 13. This is the second request for an extension of time in this matter with respect to 7 discovery deadlines. This request is less than 21 days for the current discovery cutoff deadline of May 8 22, 2023, but the parties have offered good cause to support the request. 9 14. This Stipulation shall only extend the specific discovery and related deadlines as noted 10 above. No other deadlines shall be extended as a result of this Stipulation. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// KAMER ZUCKER ABBOTT Attorneys at Law 3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • (702) 259-8640 Page 5 of 6 1 WHEREFORE the parties respectfully request that this Court extend the discovery cutoff by 2 sixty (60) days from the current deadlines of May 22, 2023 to July 21, 2023, as well as the dispositive 3 motion and joint pretrial order deadlines by sixty (60) days, according to the above-referenced 4 schedule. DATED this 18rd day of May, 2023. 5 6 Respectfully submitted, Respectfully submitted, 7 /s/Melinda M. Weaver Daniel R. Watkins, Esq. #11881 Melinda M. Weaver, Esq. #11481 WATKINS & LETOFSKY, LLP 8935 South Pecos Road, Suite 22A Las Vegas, Nevada 89074 Tel: (702) 901-7553 Fax: (702) 974-1297 /s/ Kaitlin H. Paxton Carol Davis Zucker, Esq. #2543 Kaitlin H. Paxton, Esq. #13625 KAMER ZUCKER ABBOTT 3000 West Charleston Boulevard, Suite 3 Las Vegas, Nevada 89102 Tel: (702) 259-8640 Fax: (702) 259-8646 Attorney for Plaintiff Anna Rapovy Attorneys for Defendant Coast Hotels and Casinos, Inc. d/b/a Suncoast Hotel and Casino 8 9 10 11 12 13 14 IT IS SO ORDERED. 15 May 19, 2023 16 DATE UNITED STATED MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 KAMER ZUCKER ABBOTT Attorneys at Law 3000 West Charleston Boulevard, Suite 3 • Las Vegas, NV 89102 • (702) 259-8640 Page 6 of 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?