United States District Court, D. Nevada
WILLIAM J. BERRY, JR.; CYNTHIA FALLS; and SHANE KAUFMAN, Plaintiffs,
DESERT PALACE, INC., d/b/a CAESARS PALACE; DOES I through X, and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.
M. MAHONEY Fisher & Phillips LLP DONALD R. LIVINGSTON
ESTHER G. LANDER Akin Gump Strauss Hauer & Feld LLP
Attorneys for Defendant, Desert Palace, Inc., d/b/a Caesars
KATHLEEN J. ENGLAND Gilbert & England Law Firm JASON R.
MAIER DANIELLE J. BARRAZA Maier Gutierrez & Associates
Attorneys for Plaintiffs, William J. Berry, Jr., Cynthia
Falls, and Shane Kaufmann
STIPULATION AND ORDER TO STAY LITIGATION PENDING
OUTCOME OF MEDIATION
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, by and
through their respective counsel of record, that the current
proceedings be stayed pending the
outcome of a mediation between the parties, which will be set
in early December 2017. The parties state as follows:
matter was commenced on January 3, 2017 [ECF No. 1].
June 2, 2017, the Court granted the parties' proposed
discovery plan/scheduling order [ECF No. 25], which set
December 29, 2017 as the discovery cut-off date in this
June 26, 2017, the parties took part in an Early Neutral
Evaluation Conference with Magistrate Judge George Foley, Jr.
[see ECF No. 27]. The case continued on the normal
litigation track because no settlement was reached.
parties have thereafter engaged in extensive written
discovery and document productions to each other.
September 15, 2017, defendant filed a motion to sever the
claims of William J. Berry, Jr. [ECF No. 29]. Plaintiffs'
response was initially due on September 29, 2017, but the
parties agreed to extend time for plaintiffs to respond due
to new associating counsel joining the matter on
plaintiffs' behalf [see ECF No. 32].
During this first extension of time, the lead counsel for the
parties conferred on several occasions regarding the issues
in the case and whether it would be wise to explore
mediation. The parties therefore agreed to a second, and
subsequently a third, extension of time for plaintiffs to
respond to defendant's motion to sever to allow the
parties to continue their discussions regarding setting up
and scheduling a mediation session within the next two months
[see ECF Nos. 35, 38].
the discussions have progressed, the parties have decided to
move forward with mediation, have agreed to an outside
mediator, and are in the process of finalizing terms and a
mutually agreeable date for the mediation, which will be set
on December 5th, 12th, 13th, or 14th of 2017.
parties have further agreed to file the instant Stipulation
and Order seeking to stay all proceedings in this matter,
including the adjournment of the following deadlines until
after the mediation is concluded:
(i) Plaintiffs' deadline to respond to defendant's
motion to sever the claims of William J. Berry, Jr. [ECF No.
(ii) The discovery deadlines set forth in the discovery
plan/scheduling order [ECF No. 25];
(iii) Defendant's deadline to respond to Plaintiffs'
5th Set of Requests to ...