United States District Court, D. Nevada
WILLIAM J. BERRY, JR.; CYNTHIA FALLS; and SHANE KAUFMANN, Plaintiffs,
DESERT PALACE, INC., d/b/a CAESARS PALACE; DOES I through X, and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.
M. MAHONEY (Nev. Bar No. 1099) FISHER & PHILLIPS LLP
ESTHER G. LANDER (DC Bar No. 461316) AKIN GUMP STRAUSS HAUER
& FELD LLP WILLIAM J. EDELMAN (CA Bar No. 285177) AKIN
GUMP STRAUSS HAUER & FELD LLP Attorneys for Defendant
DESERT PALACE, INC., d/b/a CAESARS PALACE
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 AND EXTEND
DISCOVERY DEADLINES BY THIRTY (30) DAYS (SECOND
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 (i) the
current proceedings be stayed for thirty (30) days pending
the outcome of a mediation between the parties, and (ii) the
discovery deadlines set forth by the Amended Discovery Plan
and Scheduling Order [ECF No. 55] will be extended by thirty
(30) days. This is the parties' second stipulation to
stay the current proceedings and to extend discovery
deadlines. 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 and scheduling order [ECF No. 25], which
initially set December 29, 2017 as the discovery cut-off date
in this matter.
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.
October 26, 2017, the parties filed a Stipulation and Order
to Stay Litigation Pending the Outcome of Mediation [ECF No.
41], which adjourned the discovery deadlines set forth in the
initial Discovery Plan & Scheduling Order [ECF No. 25]
until after the mediation was concluded. The Court entered an
order staying litigation pending the outcome of mediation
[see ECF No. 45].
December 13, 2017, the parties held a mediation session at
JAMS before the Honorable Lawrence R. Leavitt (Ret.). The
mediation was directed to all matters raised in this
litigation. Although the parties were hopeful that the
mediation would result in the successful resolution of this
matter without further involvement of the Court, the parties
failed to reach a settlement and the mediation was
January 4, 2018, the Court entered an amended discovery plan
and scheduling order [ECF No. 55] and set July 25, 2018 as
the revised discovery cut-off date in this matter.
accordance with Local Rule 26-4, the parties represent that
they have engaged in extensive written discovery and document
productions to each other. To date, plaintiff has served and
defendant has responded to plaintiffs' 1st through 8th
sets of requests for production of documents. In addition,
defendant has served and all three plaintiffs have responded
to defendant's first sets of interrogatories and requests
for production of documents. Also, defendant has deposed
plaintiff William J. Berry, Jr. Discovery that remains to be
completed includes the depositions of plaintiffs Cynthia
Falls and Shane Kaufmann, company witnesses, and any other
third party witnesses, as well as expert witness disclosures
During the past two weeks, counsel for the parties conferred
on several occasions regarding whether a follow-up mediation
session would be a fruitful means of resolving the
litigation. On May 1, 2018, the parties agreed to move
forward with a third mediation session using an outside
mediator. The parties are in the process of scheduling the
mediation and agreed that the mediation session will take
place at JAMS before the Honorable Lawrence R. Leavitt (Ret.)
on either June 8th or 12th, 2018. The parties further agreed
that two (2) weeks prior to the scheduled mediation,
plaintiffs will deliver to defendant a counterproposal
regarding the monetary settlement offer communicated by
defendant to plaintiffs' counsel on April 26, 2018.
parties also agreed to file the instant Stipulation and Order
seeking to (i) stay the current proceedings for thirty (30)
days until after the mediation is concluded, and (ii) extend
the discovery deadlines set forth by the Amended Discovery
Plan and Scheduling Order [ECF No. 55] by thirty (30) days to
account for the parties' second proposed stay of
litigation. Based on the foregoing, the parties stipulate and
propose the following revised discovery deadlines:
(i) Completion of Discovery and Discovery Cutoff
Date. The discovery period will close on August 24,
2018, which is thirty (30) days from the current discovery
cutoff date of July 25, 2018.
(ii) Expert Witness Disclosures. The
disclosure of any expert witnesses shall be made on or before
June 25, 2018, which is 60 days before the discovery
deadline. The disclosures of any rebuttal experts shall be
due on or before July ...