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Kennedy v. Las Vegas Sands Corp.

United States District Court, D. Nevada

July 31, 2018

SEAN KENNEDY, an individual; ANDREW SNIDER, an individual, CHRISTOPHER WARD, an individual; RANDALL WESTON, an individual; and RONALD WILLIAMSON, an individual; Plaintiffs,
v.
LAS VEGAS SANDS CORP., a Domestic Corporation; SANDS AVIATION, LLC, a Domestic Limited-Liability Company; Defendants.

          LAGOMARSINO LAW ANDRE M. LAGOMARSINO, ESQ. Nevada Bar No. 6711 JUSTINE A. HARRISON, CHTD. Justine A. Harrison, Esq. Nevada Bar No. 9825 Attorneys for Plaintiffs Sean Kennedy, Andrew Snider, Christopher Ward, Randall Weston and Ronald Williamson

          OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Dana B. Salmonson, Esq. (#11180) Anthony L. Martin, Esq. (#8177) Attorneys for Defendants Las Vegas Sands Corp. and Sands Aviation, LLC

          STIPULATION AND ORDER TO SET LIMITED BRIEFING DEADLINES AND DISCOVERY CONFERENCE REGARDING DEFENDANTS' 30(B)(6) WITNESS DEPOSITIONS

         COME NOW Plaintiffs, by and through their attorneys of record, and Defendants, by and through their attorneys of record, and hereby stipulate to set a limited briefing schedule and a discovery conference regarding Defendants' 30(b)(6) witness depositions.

         Plaintiffs served their Second Amended Notice of Taking the Videotaped Deposition(s) of Defendants' FRCP 30(b)(6) Witness(es) on June 28, 2018 (a separate Notice was sent to both Las Vegas Sands Corp. and Sands Aviation, LLC). See Exhibit 1, attached. The Plaintiffs have noticed the 30(b)(6) depositions pertaining to the following topics:

         1. Policies and procedures pertaining to Defendants' position that Plaintiffs and similarly situated pilots are exempt from overtime under the Fair Labor Standards Act of 1938 (FLSA). The temporal limitation with respect to this topic encompasses the policies and procedures that were in place between March 27, 2014 and March 27, 2017. However, to the extent that any policies and procedures in place prior to this time period may be relevant to said time period, a 30(b)(6) witness should be prepared to testify to this extent as well. Moreover, if there are no policies and procedures, the witness should be prepared to testify as to the reason for a lack of policies and procedures.

         2. The substance of non-privileged conversations, or lack thereof, between decision makers at Las Vegas Sands Corp. and/or Sands Aviation, LLC concerning the position that the Plaintiffs and similarly situated pilots are exempt from being paid overtime. This includes the particulars: dates and times of all verbal and written discussions, persons involved in the discussions and the mode of communication. The temporal limitation with respect to this topic encompasses the non-privileged conversations that took place between March 27, 2014 and March 27, 2017. However, to the extent that any non-privileged conversations that took place before this time period resulted in Plaintiffs being deemed exempt during the time period, a 30(b)(6) witness should be prepared to testify to this extent as well.

         3. The relationship between Las Vegas Sands Corp. and Sands Aviation, LLC as it relates to aviation and human resources issues. The temporal limitation on this topic is limited to the relationship between the parties between March 27, 2014 and March 27, 2017. To the extent that events or transactions that occurred between Las Vegas Sands Corp. and Sands Aviation, LLC prior to this time period may be relevant to the parties' relationship during the time period, a 30(b)(6) witness should be prepared to testify to this extent as well.

         4. Plaintiffs' specific job responsibilities and duties (including alleged discretionary responsibilities and duties) between March 27, 2014 to March 27, 2017. To the extent an occurrence outside this time period may be relevant to Plaintiffs' job responsibilities and duties during this time period, a 30(b)(6) witness should be prepared to testify to this extent as well.

         5. All policies and procedures Plaintiffs were expected to comply with as delineated in the General Operations Manual between March 24, 2014 and March 27, 2017.

         6. The decision to determine the rate of pay (salary, hourly, and/or overtime) applicable to each of the Plaintiffs' wages throughout their employment. The rate of pay is limited to the time period between March 27, 2014 and March 27, 2017. To the extent that a decision or decisions regarding rate of pay were made prior to March 27, 2014, and that decision was relevant to a Plaintiffs rate of pay during the 3 years noted in this topic, a 30(b)(6) witness should be prepared to testify to this extent as well.

         7. The written and verbal discussions that triggered the reclassification of certain of Defendants' aviation employees with respect to a statutory right to overtime. This topic includes the particulars: dates and times of all pertinent verbal and written discussions, persons involved in the discussions, and the mode of communication. The temporal limitation on this request is limited to the time period between March 27, 2014 and March 27, 2017. To the extent that any discussions that occurred prior to March 27, 2014 are relevant to the foregoing three (3) year time period, a 30(b)(6) witness should be prepared to testify to this extent as well.

         8. Defendants' efforts, if any, to secure an opinion letter from a governmental agency pertaining to pilots being paid overtime. The temporal limitation pertaining to this limitation includes the time period of March 27, 2014 and March 27, 2017. However, to the extent that Defendants' efforts, if any, prior to March 27, 2014, are relevant to Plaintiffs' claim for overtime during the relevant time period, a 30(b)(6) witness should be prepared to testify to this extent as well.

         9. The matters identified in Plaintiffs' job description(s) contained in attached Exhibit 1. This topic includes all dates said job description was posted between March 27, 2014 and March 27, 2017 on Defendants' website or that of an affiliated subsidiary of Las Vegas Sands Corp.

         10. Defendants' policies and procedures concerning Plaintiffs' work schedules (i.e. request for time off, approved FLEX time off, on-call, scheduled days off, scheduled days to work, pop -up flights scheduled, accruing vacation days, and trading on-call ...


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