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Slack v. Parball Newco LLC
United States District Court, D. Nevada
December 4, 2017
WILLIAM SLACK, HARRY STROCK, and EDWARD CHAMPA Individually and on behalf of others similarly situated, Plaintiffs,
PARBALL NEWCO LLC dba BALLY'S, PARBALL CORP., PARBALL LLC, PHWLV, LLC dba PLANET HOLLYWOOD LAS VEGAS RESORT AND CASINO, and “JOHN DOE CORPORATIONS” 1 to 50, name fictitious, actual name and number unknown, Defendants.
Greenberg Prof. Corp, Dana Sniegocki Attorneys for plaintiffs
GUMP STRAUSS HAUER & FELD, LLP, Joel M. Cohn Allison S.
Papadopoulos Attorneys for defendants
STIPULATION AND ORDER TO MODIFY AND EXTEND DEADLINES
IN DISCOVERY PLAN AND SCHEDULING ORDER (FIRST
parties, by and through their counsel of record, hereby
stipulate and agree to the following:
1. The parties' Joint Discovery Plan and Scheduling Order
was entered by the Court on April 7, 2017. ECF No. 51.
2. The parties request that the Court enter an order
extending the remaining deadlines by 30 days, including the
deadlines for expert disclosures, rebuttal expert
disclosures, dispositive motions, class certification and
decertification motions, and discovery. DISCOVERY
3. Since the discovery period opened, the parties have
exchanged written discovery requests and responses. The
plaintiffs have served four sets of requests for the
production of documents and five sets of interrogatories.
Defendants have d responded to all written discovery, except
plaintiffs' Fifth Set of Interrogatories for which the
deadline to respond is December 29, 2017.
Defendants have served one set of requests for the production
of documents and one set of interrogatories on each of the 83
plaintiffs who have submitted a consent to join this lawsuit.
The named plaintiffs have responded to defendants'
discovery requests; however, none of the opt-in plaintiffs
have served responses. Defendants have also noticed the
depositions of three opt-in plaintiffs. The opt-in plaintiffs
refused to appear for deposition. In July and September 2017,
defendants filed motions to compel written discovery
responses and depositions. The motions are fully briefed and
pending before the Court. See ECF Nos. 53, 62.
DISCOVERY THAT REMAINS TO BE COMPLETED
4. The deadline for defendants to respond to plaintiffs'
Fifth Set of Interrogatories is December 29, 2017.
Plaintiffs' counsel has been conferring in writing and
via phone with defendants' counsel over the last two
months regarding defendants' responses to certain of
plaintiffs' prior discovery requests. Plaintiffs
anticipate having to file a motion to compel proper discovery
responses in the near future if the parties are unable to
resolve their ongoing discovery dispute. Plaintiffs also
anticipate that additional written discovery requests may be
required once the parties or the Court resolves the ongoing
discovery disputes. Finally, plaintiffs anticipate noticing
depositions of defendants, including a Fed.R.Civ.P. 30(b)(6)
5. Defendants intend to take the three opt-in plaintiff
depositions they have already noticed, subject to the ruling
of the Court on their motion to compel these depositions.
Defendants reserve the right to take up to an additional
seven opt-in plaintiff depositions. And defendants have
previously reserved the right to take the depositions of all
trial witnesses whose deposition has not previously been
taken in the litigation.
WHY THE DEADLINES SHOULD BE EXTENDED
6. Because of plaintiffs' perceived deficiencies in
defendants' responses to their written discovery
requests, plaintiffs believe they do not have the materials
necessary for an expert to conduct a proper analysis in this
matter. Plaintiffs have also been denied discovery pertaining
to the absent members of the Rule 23 class, and defendants
have only provided discovery pertaining to the 83 persons who
have submitted consents to join the FLSA action. Accordingly,
plaintiffs believe that no expert report can be furnished as
to the damages for the entire Rule 23 class without
defendants producing materials for all Rule 23 class members.
7. Decisions on defendants' motions to compel discovery
will affect the timing of further discovery. Defendants do
not oppose plaintiffs' request to extend the deadlines in
8. The parties propose the following extended ...