Filed: Aug. 10, 2018
Latest Update: Aug. 10, 2018
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES (Third Request) PEGGY A. LEEN , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs WILLIAM J. BERRY, JR., CYNTHIA FALLS, and SHANE KAUFMANN and Defendant DESERT PALACE, INC., d/b/a CAESARS PALACE ("Caesars"), by and through their respective counsel of record, that (i) the deadline for completion of depositions be extended from the current discovery cutoff date of August 24, 2018, to Octob
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES (Third Request) PEGGY A. LEEN , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs WILLIAM J. BERRY, JR., CYNTHIA FALLS, and SHANE KAUFMANN and Defendant DESERT PALACE, INC., d/b/a CAESARS PALACE ("Caesars"), by and through their respective counsel of record, that (i) the deadline for completion of depositions be extended from the current discovery cutoff date of August 24, 2018, to Octobe..
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STIPULATION AND ORDER TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES (Third Request)
PEGGY A. LEEN, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs WILLIAM J. BERRY, JR., CYNTHIA FALLS, and SHANE KAUFMANN and Defendant DESERT PALACE, INC., d/b/a CAESARS PALACE ("Caesars"), by and through their respective counsel of record, that (i) the deadline for completion of depositions be extended from the current discovery cutoff date of August 24, 2018, to October 21, 2018; (ii) the deadline for written discovery related to new information disclosed during the depositions of Maggie Gong, Dan Burdalski, and Kim Williams, be extended from July 25, 2018, to August 16, 2018; and the dispositive motion deadline be extended from September 24, 2018, to November 30, 2018. This is the parties' third stipulation to extend discovery deadlines. The parties state as follows:
DISCOVERY COMPLETED
1. Plaintiffs filed suit on January 3, 2017 (ECF No. 1).
2. Discovery has twice been stayed while the parties attended mediation sessions on October 31, 2017 (ECF No. 45) and May 8, 2018 (ECF No. 73).
3. To date, as a group, plaintiffs William J. Berry, Jr., Shane Kaufmann, and Cynthia Falls have:
(i) Made initial disclosures on or about May 24, 2017;
(ii) Propounded 14 sets of requests for production (RFP) of documents, totaling 99 individual requests;
(iii) Propounded 3 sets of interrogatories, totaling 59 individual interrogatories;
(iv) Noticed the depositions of 3 individuals and Caesars' corporate representative on two subjects. Following a meet and confer regarding scheduling, the depositions are scheduled for, August 2, 2-18 (30(b)(6)), August 3, 2018 (Kim Williams), August 8, 2018 (Maggie Gong), and August 9, 2018 (Dan Burdalski).
4. To date, Caesars has:
(i) Made initial disclosures on or about May 26, 2017, and supplemented those disclosures in April and July 2018;
(ii) Propounded 6 sets of requests for production (RFP) of documents, totaling 88 individual requests;
(iii) Propounded 3 sets of interrogatories, totaling 40 individual interrogatories; and
(iv) Deposed the three plaintiffs.1
5. Caesars has produced 25,747 pages of documents and responsive video files.
6. Plaintiffs have produced 2,576 pages of documents and one audio record.
DISCOVERY REMAINING
7. The parties agree that an extension of the discovery deadline to October 21, 2018, to complete depositions is appropriate. Caesars reserves its right to object to depositions exceeding the ten provided for under Rule 30(a)(2).
8. The parties agree that plaintiffs should have an opportunity to propound written discovery related to new information disclosed during the depositions of Maggie Gong, Dan Burdalski, and Kim Williams, though Caesars reserves all objections to the substance of such discovery requests.
9. Plaintiffs reserve their right to seek relief from the Court for additional discovery beyond what Caesars has agreed to in this stipulation.
JUSTIFICATION
10. Plaintiffs began noticing the pending depositions between June 28, 2018, and July 3, 2018. The parties met and conferred in good faith regarding scheduling. In light of plaintiffs' counsel's accommodations of the deponents' scheduling conflicts, and in light of plaintiffs' counsel's unexpected family medical issues which will require additional flexibility and absence in August (when discovery is scheduled to end on August 24), the parties agree that a brief extension to October 21, 2018, to complete depositions is appropriate. The parties also agree that written discovery related to new information disclosed during the depositions of Maggie Gong, Dan Burdalski, and Kim Williams, which could have been served in advance of the currentlyscheduled discovery cutoff absent accommodation of the deponents' scheduling conflicts, is appropriate.
PROPOSED SCHEDULE
11.
Scheduled Event Current Deadline Proposed NEW Deadline
Completion of depositions August 24, 2018 October 21, 2018
Service of written discovery July 25, 2018 August 16, 2018
related to new information
disclosed during the
depositions of Maggie Gong,
Dan Burdalski, and Kim
Williams
Dispositive Motions September 24, 2018 November 30, 2018
Joint Pretrial Order 30 days after Unchanged
dispositive motion
deadline if no
dispositive motions
filed, or 30 days after
decision on any
dispositive motion(s)
12. This stipulation is made in good faith to allow the parties to continue to make diligent and sincere efforts to complete discovery and is not for the purpose of causing any undue delay, and the parties agree that good cause therefor exists for the stipulated extensions.
IT IS SO STIPULATED.
IT IS SO ORDERED.
