Opinion
2:23-cv-01656-CDS-DJA
11-09-2023
DHAMAN GILL, individually and on behalf of all others similarly situated, Plaintiffs, v. CAESARS ENTERTAIMENT, INC., Defendants.
Adam Hosmer-Henner (NSBN 12779) Chelsea Latino (NSBN 14227) Jane Susskind (NSBN 15099) McDONALD CARANO LLP LATHAM & WATKINS LLP Serrin Turner (pro hac vice to be filed) Attorneys for Defendant Caesars Entertainment, Inc. [Additional Counsel on Signature Page] STRANCH, JENNINGS & GARVEY, PLLC Nathan R. Ring, No. 12078 TYCKO & ZAVAREEI LLP Sabita J. Soneji (pro hac vice) F. Peter Silva, II (pro hac vice) Attorney for Plaintiff Dhaman Gill
Adam Hosmer-Henner (NSBN 12779) Chelsea Latino (NSBN 14227) Jane Susskind (NSBN 15099) McDONALD CARANO LLP LATHAM & WATKINS LLP Serrin Turner (pro hac vice to be filed) Attorneys for Defendant Caesars Entertainment, Inc. [Additional Counsel on Signature Page]
STRANCH, JENNINGS & GARVEY, PLLC Nathan R. Ring, No. 12078 TYCKO & ZAVAREEI LLP Sabita J. Soneji (pro hac vice) F. Peter Silva, II (pro hac vice) Attorney for Plaintiff Dhaman Gill
STIPULATION AND [PROPOSED] ORDER CONTINUING TIME FOR DEFENDANT CAESARS ENTERTAINMENT, INC. TO RESPOND TO COMPLAINT (FIRST REQUEST)
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
Defendant Caesars Entertainment, Inc. (“Caesars”) and Plaintiff Dhaman Gill (“Plaintiff”), by and through their undersigned counsel, hereby stipulate and agree as follows and jointly request that the Court enter an Order approving this Stipulation;
WHEREAS, on October 12, 2023, Plaintiff filed a class action complaint (ECF No. 1);
WHEREAS, on October 17, 2023, Caesars was served with the Complaint and Summons (ECF No. 5);
WHEREAS, pursuant to Federal Rule of Civil Procedure 12, the deadline for Caesars to answer or otherwise respond to the Complaint is November 7, 2023 (ECF No. 5);
WHEREAS, ten additional actions arising from the same subject matter as Plaintiff's complaint are currently pending in this District;
WHEREAS, The first five of these actions filed in this District have been consolidated, with the lead case being Rodriguez v. Caesars Entertainment, Inc., No. 2:23-cv-01447-ART-BNW (Sept. 15, 2023), and the consolidated action being renamed In re Data Breach Security Litigation Against Caesars Entertainment, Inc., No. 2:23-cv-01447-ART-BNW ECF 21 (“Consolidated Action”);
WHEREAS, on November 3, 2023, Caesars filed a Motion to Consolidate Later-Filed Cases into the Consolidated Action, which included Plaintiff's complaint and five others filed on or after October 12, 2023;
WHEREAS, Caesars anticipates that the Gill action will be consolidated with the Consolidated Action, and proceed on a coordinated schedule for pre-trial proceedings;
WHEREAS, the parties in the Consolidated Cases have agreed to stay Caesars's deadline to answer or otherwise respond to the complaints pending the filing of a Consolidated Complaint;
WHEREAS, to avoid unnecessary expenditure of resources and effort responding to Plaintiff's individual complaint where all Parties are agreed that the complaint should first be consolidated into the Consolidated Action, and where the Motion to Consolidate Later-Filed Cases is currently pending before the court in the Consolidated Action, the Parties have agreed to extend the time for Caesars to respond to the Complaints until forty-five (45) days following the service of a consolidated complaint, as requested in the Motion to Consolidate Later-Filed Cases, or, if the Court denies the Motion to Consolidate, forty-five (45) days after the Court issues such decision. There is good cause to grant this request, which is not made for the purposes of delay.
It is therefore STIPULATED and AGREED that:
1. Defendant shall file and serve any answer or other response within forty-five (45) days of the filing of a consolidated complaint, if the pending Motion to Consolidate Later-Filed Cases is granted.
2. If the Motion to Consolidate Later-Filed Cases is not granted, Defendant shall file and serve any answer or other response to Plaintiff's complaint within forty-five (45) days of the Court's decision.
In the interest of avoiding a floating deadline, the Court grants in part and denies in part the parties' stipulation.
IT IS THEREFORE ORDERED that the stipulation (ECF No. 10) is granted in part and denied in part. It is granted in part regarding the parties' request that Defendant have additional time to respond to the complaint. It is denied in part regarding the parties' request that the deadline to respond to the complaint be contingent on the granting of the motion to consolidate later-filed cases.
IT IS FURTHER ORDERED that Defendant shall respond to Plaintiffs complaint on or before December 27, 2023. If the parties require additionaltime,theymaymovetoextend this deadline.