STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR PARTIES TO SUBMIT JOINT PRETRIAL ORDER

PEGGY A. LEEN, Magistrate Judge.

Plaintiffs Aerodynamics Incorporated and ADI Holdings Company, Inc. (collectively "Plaintiffs"), by and through their undersigned counsel, and Defendants Caesars Entertainment Operating Company, Inc., Steven Markhoff, International Management Solutions, LLC, Via Airlines, Inc., Via Air, LLC, and Amos Vizer (collectively "Defendants"), by and through their respective undersigned counsel, hereby state as follows:

WHEREAS, on November 7, 2019, the Court issued its Sealed Order Granting in Part Motions for Summary Judgment (ECF No. 291) (the "Order") in connection with Motions for Summary Judgment filed by Defendants (the "Motions");

WHEREAS, the Order (i) referred this case to a magistrate judge for a Mandatory Settlement Conference ("MSC") and (ii) stayed the parties' obligation to file a Joint Pretrial Order until 10 days after the MSC (ECF No. 291, at 21:16-17);

WHEREAS, on February 6, 2019, the parties participated in an MSC with the Honorable Peggy A. Leen, Magistrate Judge (see ECF No. 296);

WHEREAS, none of the parties were able to reach a settlement at the MSC (see ECF No. 296);

WHEREAS, pursuant to the Order, the deadline for the parties to file their Joint Pretrial Order therefore is Tuesday, February 19, 2019;

WHEREAS, Plaintiffs and Defendants are currently in the process of analyzing numerous depositions and thousands of pages of documents, synthesizing legal theories and arguments (guided, in part, by the Court's findings set forth in the Order), and identifying exhibits for the purpose of fulfilling their requirements under LR 16-3, and filing their Joint Pretrial Order in accordance with LR 16-4;

WHEREAS, given the factual and legal complexities of this case; counsels' need to fully re-familiarize themselves with all matters relating to this case1; and the parties' shared interest by the Joint Pretrial Order to, where possible, limit disputed matters, coordinate witnesses and evidence, and simplify matters for a jury trial, Plaintiffs and Defendants believe it would be in the interests of judicial efficiency and economy to continue the deadline for the parties to submit a Joint Pretrial Order to April 19, 2019 (or May 17, 2019 as requested by the Via Defendants), or thereafter, at the Court's discretion; and

WHEREAS, in addition to giving Plaintiffs and Defendants sufficient time to give due attention to meeting and conferring, and preparing a Joint Pretrial Order, some counsel for the parties have scheduling conflicts that will interfere with achieving this, including because trial counsel for the Via Defendants recently formed a new law firm (January 1, 2019) and is in the process of significant administrative obligations, relocating office space to new locations, he is out of the country from March 13-25, 2019, and has a final arbitration hearing scheduled for the end of April. As a result, the Via Defendants respectfully request to be afforded until May 17, 2019 in order to properly prepare and submit a Joint Pretrial Order. Moreover trial counsel for Caesars Entertainment Operating Company, Inc. is scheduled to be in trial from March 4, 2019 the second week of April, 2019.

IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the parties, that the joint pretrial report will be due on April 19, 2019 (or May 17, 2019 as requested by the Via Defendants), or thereafter, in the Court's discretion.

ORDER

Pursuant to the foregoing stipulation, the parties shall file their Joint Pretrial Order, pursuant to United States District Court, District of Nevada's Local Rules of Practice, Rules 16-3 and 16-4, no later than April 19, 2019.