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Aerodynamics Inc. v. Caesars Entertainment Operating Co., Inc.

United States District Court, D. Nevada

July 16, 2019

AERODYNAMICS INCORPORATED, a Michigan corporation; ADI HOLDINGS COMPANY INC., a Georgia corporation, Plaintiffs,
v.
CAESARS ENTERTAINMENT OPERATING COMPANY, INC., a Delaware corporation; STEVEN MARKHOFF, an individual; INTERNATIONAL MANAGEMENT SOLUTIONS LLC, a Delaware corporation; VIA AIRLINES, INC., a Colorado corporation; VIA AIR, LLC, a Delaware corporation; and AMOS VIZER, an individual, Defendants.

          PARTIES TO SUBMIT REVISED JOINT, Corporation C. DANAHOBART, ESQ., HEJMANOWSKI&McCREA PAUL HEJMANOWSKI, ESQ., CHARLES MCCREA, ESQ., Attorneys for Plaintiffs, Aerodynamics Incorporated and ADI Holdings Company, Inc.

          James J. Pisanelli, Esq., Debra L. Spinelli Esq., M. Magali Mercera Esq., Emily A. Buchwald Esq., Attorneys for Caesars Entertainment Operating Company Inc.

          Frank M. Flansburg III Esq., Troy P. Domina Esq., Attorney For Defendant Steven Markhoff and International Management Solutions LLC.

          Mattew T. Dushoff Esq., KoLESAR & LEATHAM Attorney for Defendant Via Airlines Inc., Via Air LLC, and Amos Vizer.

          STIPULATION AND ORDER TO EXTEND DEADLINE FOR PARTIES TO SUBMIT REVISED JOINT PRETRIAL ORDER, ECF NO. 309

          JENNIFER A. DORSEY JUDGE.

         Plaintiffs Aerodynamics Incorporated and ADI Holdings Company, Inc. (collectively "Plaintiffs"), by and through their undersigned counsel, and Defendants Caesars Entertainment Operating Company, Inc., Steven Markhoff, International Management Solutions, LLC, Via Airlines, Inc., Via Air, LLC, and Amos Vizer (collectively "Defendants"), by and through their respective undersigned counsel, hereby state as follows:

         WHEREAS, on May 21, 2019, the parties filed the Joint Pretrial Order ("JPO") (ECF No. 307);

         WHEREAS, on May 30, 2019, the Court issued a minute order rejecting the JPO and ordered the parties to meet and confer again to develop a set of stipulated exhibits (exhibits that they collectively agree may be admitted) and to file a Revised Joint Pretrial Statement by July 12, 2019 (ECF No. 308);

         WHEREAS, between May 30, 2019, and July 12, 2019, the parties undertook significant efforts to prepare a Master Exhibit List which resulted in the parties agreeing to a set of stipulated trial exhibits, withdrawing more than 500 trial exhibits (equal to a third of the original No. of trial exhibits), withdrawing several hundred objections, and otherwise assembling a more manageable set of trial exhibits. The parties engaged in several meet and confer sessions (two by telephone and many others by email), exchanged several detailed spreadsheets and emails addressing various of the issues of admissibility and narrowing the No. of exhibits and objections, and expended significant time re-evaluating each of the originally proposed trial exhibits.

         WHEREAS, the parties believe that the Master Exhibit List can be further refined and that the parties will be able to develop a larger set of stipulated exhibits if allowed a brief extension of time to further meet and confer;

         WHEREAS the parties have scheduled a multiple-hour meet and confer session to commence on July 16, 2019, at 9:00 am PDT for the purpose of further agreeing upon a larger set of stipulated exhibits;

         WHEREAS, no trial date is set in this action and the parties previously requested in the JPO that trial should commence on or after January 27, 2020 (ECF No. 307 at page 38 of 40), such that the brief extension requested herein will not affect the trial of this action;

         WHEREAS, the parties believe the additional meet and confer efforts described herein and further refinement of a set of stipulated exhibits and Master Exhibit List can be completed in time to file the Revised Pretrial Order on or before July 26, 2019.

         IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the parties, that the Revised Joint ...


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