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Vegas v. Zoggolis

United States District Court, D. Nevada

June 17, 2014

WYNN LAS VEGAS, Plaintiff,
v.
KONSTANTINOS ZOGGOLIS, Defendant.

ORDER

CAM FERENBACH, Magistrate Judge.

This matter involves Wynn Las Vegas' breach of contract claim against Konstantinos Zoggolis. (Comp. #1-1) at 2-3[1]). Before the court is Wynn's emergency motion to compel (#16). Zoggolis severed a timely response (#20); and Wynn filed a reply (#19). For the reasons stated below, Wynn's motion is granted in part and denied in part.

BACKGROUND

Konstantinos Zoggolis is a German citizen who resides in Frankfurt. He likes to gamble at the Wynn in Las Vegas. Between December 5, 2008, and November 2, 2010, Zoggolis allegedly indebted himself to the casino in the amount of $1, 300, 000.00. ( See Compl. (#1-1) at ΒΆ 18).

Zoggolis was able to obtain $1, 300, 000.00 in credit from Wynn by using bank account information from Bayerusche Hypo und Vereinsbank AG/Unicredit Bank AG. (Pl.'s Mot. to Compl. (#16) at 2:10). Wynn later learned that Zoggolis's bank account with Bayerusche Hypo may have never existed. ( Id. at 2:12). Because Zoggolis' debt remains unsatisfied, Wynn filed suit on November 26, 2013.

The parties are in the midst of discovery. On April 22, 2014, Wynn propounded document requests. ( Id. at 2:16). But, Zoggolis responded with boilerplate objections. ( Id. at 2:19). Wynn met and conferred with Zoggolis's attorney; but no resolution was reached. Six document requests are at issue. They are as follows. Request number four states: "Identify and produce all documents related to Wynn." Zoggolis responded: "This request is objected to on the basis that it is vague, ambiguous and unintelligible."

Request number eleven states: "Identify and produce all your bank records, statements and other documents from January 2007 to November of 2012 for your Bayerusche Hypo und Vereinsbank AG/Unicredit Bank AG account(s)." Zoggolis responded: "Defendant objects to this request for production on the grounds that it seeks information that is not relevant to the subject matter of this action."

Request number thirteen states: "Identify and produce any and all documents and records (including but not limited to canceled checks, deposit slips, deposited items, withdrawals, transfers, account statements, transaction history, signature cards, account opening documents, corporate documents, and correspondence), concerning any and all open and/or closed bank accounts of yours for the period January 2007 to November 2012." Zoggolis responded: "Defendant objects to this request for production on the grounds that it seeks information that is not relevant to the subject matter of this action."

Request number fourteen states: "Identify and produce any and all documents and records (including but not limited to canceled checks, deposit slips, deposited items, withdrawals, transfers, account statements, transaction history, signature cards, account opening documents, corporate documents, and correspondence), concerning Account 212177 (BLZ 50320191) for the period January 2007 through November 2012." Zoggolis responded: "This request for production completely fails to identify the documents sought to be produced."

Request number fifteen states: "Identify and produce any and all documents and records (including but not limited to canceled checks, deposit slips, deposited items, withdrawals, transfers, account statements, transaction history, signature cards, account opening documents, corporate documents, and correspondence), concerning Account 503593 (BLZ 50320191) for the period January 2007 through November 2012." Zoggolis responded: "This request for production completely fails to identify the documents sought to be produced."

Request number seventeen states: "Identify and produce any and all bank records for bank accounts utilized to obtain any lines of credit at any other gaming company and/or casino." Zoggolis responded: "Defendant objects to this request for production on the grounds that it seeks information that is not relevant to the subject matter of this action."

On June 5, 2014, Wynn filed the instant emergency motion to compel. The motion was filed on an emergency basis because Zoggolis's deposition is scheduled to take place in Germany on July 2, 2014. (Pl.'s Mot. to Compl. (#16) at 7:8).

LEGAL STANDARD

Federal Rule of Civil Procedure 26(b)(1) governs discovery's scope and limits. In pertinent part, Rule 26(b)(1) provides that "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense." FED. R. CIV. P. 26(b)(1). Rule 26 defines relevant information as any information that "appears reasonably calculated to lead to the discovery of admissible ...


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