Carter et al v. Treasure Island LV LLC et al

Filing 34

ORDER granting 33 Stipulation to Extend Discovery Deadlines. Discovery due by 7/28/2025. Motions due by 8/25/2025. Proposed Joint Pretrial Order due by 9/22/2025. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 3/5/2025. (Copies have been distributed pursuant to the NEF - MAM)

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Richard C. Gramlich, Esq. (SBN 014449)
Wesley M. Cox, Esq. (SBN 034055)

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Seventh Floor Camelback Esplanade II
2525 East Camelback Road
Phoenix, Arizona 85016
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs Gary D. Carter
and Kimberly Alexander

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Gary D. Carter, and Kimberly Alexander,
husband and wife;
Plaintiffs,

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AMENDED STIPULATION AND
[PROPOSED] ORDER TO EXTEND
DISCOVERY DEADLINES
(FIRST REQUEST)

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vs.

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Treasure Island LV, LLC, a Nevada
Limited Liability Company; John Doe
Ramirez and Jane Doe Ramirez, husband
and wife, John Does and Jane Does I-X;
Black Companies, White Corporations IX,

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Case No. 2:24-cv-01631-JAD-MDC

Defendants.

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AMENDED STIPULATION AND [PROPOSED] ORDER TO EXTEND

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DISCOVERY DEADLINES

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(FIRST REQUEST)

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Defendant TREASURE ISLAND LV, LLC (“Defendant” or “Treasure Island”), by

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and through its counsel of record, MARK R. SMITH, ESQ., of the law firm RESNICK &

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LOUIS, P.C., and Plaintiffs GARY D. CARTER and KIMBERLY ALEXANDER

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(“Plaintiffs”), by and through their counsel of record, RICHARD C. GRAMLICH, ESQ.,
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and WESLEY M. COX, ESQ., of the law firm TIFFANY & BOSCO, P.A. hereby stipulate

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to extend the time to complete discovery pursuant to LR 26-3, LR IA 6-1 as follows:

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A.

DISCOVERY COMPLETED

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1.

Pursuant to Fed. R. Civ. P. 26(f) and LR 26-1(a), a meeting was held on

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November 26, 2024, at 1:30 p.m. The meeting was attended by: Plaintiffs’ counsel;

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WESLEY M. COX, ESQ., of the law firm TIFFANY & BOSCO, P.A., appearing on behalf

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of Plaintiffs GARY D. CARTER and KIMBERLY ALEXANDER (“Plaintiffs”); and

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Defendant’s counsel, MARK R. SMITH, ESQ., of the law firm RESNICK & LOUIS,P.C.,

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appearing on behalf of Defendant TREASURE ISLAND LV, LLC (“Defendant”).

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2.

Defendant’s Initial Disclosures were served on December 4, 2024.

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3.

Plaintiffs’ Initial Disclosures were served on December 11, 2024.

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4.

Plaintiffs’ First Set of Written Discovery (Non-Uniform Interrogatories,

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Requests for Production, and Requests for Admission) were served on Defendant on

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December 26, 2024.

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5.

Defendant’s Responses to Plaintiffs’ First Set of Written Discovery were

served upon Plaintiffs on January 27, 2025.
6.

Plaintiffs’ Second Set of Written Discovery (Non-Uniform Interrogatories

and Requests for Production) were served on Defendant on February 13, 2025.

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B.

DISCOVERY THAT REMAINS TO BE COMPLETED

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1.

Defendant’s Responses to Plaintiffs’ Second Set of Written Discovery (Non-

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Uniform Interrogatories and Requests for Production).
2.

Both parties still have remaining Written Discovery (Interrogatories,

Requests for Production and Requests for Admission) to serve on the opposing party.
3.

Both parties still have to disclose the identity and opinions of Expert

Witnesses.
4.

All Depositions in this matter are still remaining.
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5.

The Discovery Cut-Off Date has not yet passed.

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6.

The Dispositive Motion deadline has not yet passed.

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C.

SHOWING OF GOOD CAUSE FOR THE EXTENSION OF
DISCOVERY DEADLINES UNDER LR 26-3.

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The Complaint in this matter was originally filed in the U.S. District Court, District

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of Arizona [ECF 1]. Pursuant to a Motion filed by Defendant, this matter was transferred

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to the U.S. District Court, District of Nevada [ECF 9]. After denying the Parties Joint

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Discovery plan, the Court entered an Order adopting the Amended Scheduling Order,

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which was the only scheduling order entered to date in this matter. [ECF 29]. As a result,

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this is the First Stipulation for an Order to Extend Discovery Deadlines.

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Since the scheduling order was by this Court, the parties have been diligently

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working in this Matter; including disclosures and discovery that has already occurred.

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[ECF 29]. There have been delays due to the fact that counsel for both Parties have been

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working to obtain medical records that they have not been able to obtain to date; which are

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important records to this matter and must be disclosed in discovery. Furthermore, Counsel

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for Defendant, MARK R. SMITH, ESQ., of the law firm RESNICK & LOUIS, P.C., has

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been in trial for over three weeks throughout February of 2025. As a result, counsel for

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both Parties hereby stipulate to postpone all dates by sixty (60) days.

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Under LR 26-3, all dates the Parties with to extend are more than 21 days before the
expiration of the subject deadlines.
D.

CURRENT DISCOVERY DATES

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EVENT

DATE

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Discovery Cut-Off Date

Tuesday May 27, 2025

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FRCP 26(a)(2)Disclosures (Experts)

Wednesday, March 26, 2025

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Rebuttal Experts

Friday, April 25, 2025

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Dispositive Motions

Tuesday, June 24, 2025
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Joint Pretrial Order

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E.

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Thursday, July 24, 2025

PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
PROPOSEDDATE
EVENT
Monday, July 28, 2025 (actual
Discovery Cut-Off Date
date is Saturday, July 26, 2025)
Monday, May 26, 2025 (actual
FRCP 26(a)(2)Disclosures (Experts) date is Sunday, May 25, 2025)
Rebuttal Experts
Dispositive Motions

Tuesday, June 24, 2025
Monday, August 25, 2025 (actual
date is Saturday, August 23, 2025)

Joint Pretrial Order

Monday, September 22, 2025

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F.

CURRENT TRIAL DATE

The Court has not yet scheduled a calendar call or a trial date. Although the instant
request will necessitate that the trial date be later than expected, the Parties are hopeful

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that this matter may be settled at the settlement conference and will not go to trial
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G.

CONCLUSION

Pursuant to LR 26-3, LR IA 6-1, and for good cause showing, the Parties
respectfully request that the Court enter this Stipulation and Order extending the discovery
deadlines.
Dated this 4th day of March, 2025

Dated this 4th day of March, 2025

RESNICK & LOUIS, P.C.

TIFFANY & BOSCO, P.A.

/s/ Mark R. Smith
MARK R. SMITH, ESQ.
(SBN: 11872)
[e-mail]
8945 W. Russell Road, Suite 330
Las Vegas, NV 89148
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
Treasure Island LV, LLC

/s/ Richard C. Gramlich
RICHARD C. GRAMLICH, ESQ.
Admitted Pro Hac Vice
WESLEY M. COX, ESQ.
Admitted Pro Hac Vice
Seventh Floor Camelback Esplanade II
2525 East Camelback Road
Phoenix, Arizona 85016
Attorneys for Plaintiffs Gary D.
Carter and Kimberly Alexander

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ORDER
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IT IS SO ORDERED that discovery in the above-referenced matter is extended as
follows. If dispositive motions are filed, the deadline for filing the joint pretrial order will
be suspended until 30 days after decision on the dispositive motions or further court
order.

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EVENT

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Discovery Cut-Off Date

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PROPOSEDDATE

Monday, July 28, 2025 (actual
date is Saturday, July 26, 2025)
Monday, May 26, 2025 (actual
FRCP 26(a)(2)Disclosures (Experts) date is Sunday, May 25, 2025)
Rebuttal Experts
Dispositive Motions

Tuesday, June 24, 2025
Monday, August 25, 2025 (actual
date is Saturday, August 23, 2025)

Joint Pretrial Order

Monday, September 22, 2025

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DATED: 3-5-25

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UNITED STATES MAGISTRATE JUDGE

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