Opinion
2:19-cv-01667-GMN-VCF
01-04-2022
LAS VEGAS SUN, INC., a Nevada corporation, Plaintiff, v. SHELDON ADELSON, an individual and as the alter ego of News+Media Capital Group LLC and as the alter ego of Las Vegas Review Journal, Inc.; PATRICK DUMONT, an individual; NEWS+MEDIA CAPITAL GROUP LLC, a Delaware limited liability company; LAS VEGAS REVIEW-JOURNAL, INC., a Delaware corporation; and DOES, I-X, inclusive, Defendants. LAS VEGAS REVIEW-JOURNAL, INC., a Delaware corporation, Counterclaimant, v. LAS VEGAS SUN, INC., a Nevada corporation; BRIAN GREENSPUN, an individual and as the alter ego of Las Vegas Sun, Inc.; GREENSPUN MEDIA GROUP, LLC, a Nevada limited liability company, as the alter ego of Las Vegas Sun, Inc., Counterclaim-Defendants.
E. Leif Reid, Kristen L. Martini, Marla J. Hudgens, Nicole Scott, PISANELLI BICE PLLC, James J. Pisanelli, Todd L. Bice, Jordan T. Smith, ALIOTO LAW FIRM, Joseph M. Alioto, Pro Hac Attorneys for Plaintiff/Counterdefendants. J. Randall Jones, Esq., Michael J. Gayan, Esq., Mona Kaveh, Esq., Howard Hughes Parkway, Richard L. Stone, Esq., Pro Hac Vice Amy M. Gallegos, Esq., Pro Hac Vice David R. Singer, Esq., Pro Hac Vice JENNER & BLOCK LLP Attorneys for Defendants/Counterclaimant. E. Leif Reid, Marla Hudgens, Kristen L. Martini, Nicole Scott, LEWIS ROCA ROTHGERBER CHRISTIE LLP Joseph M. Alioto, James J. Pisanelli, Todd L. Bice, Jordan T. Smith, PISANELLI BICE PLLC Attorneys for Plaintiff/Counterclaim Defendants.
E. Leif Reid, Kristen L. Martini, Marla J. Hudgens, Nicole Scott, PISANELLI BICE PLLC, James J. Pisanelli, Todd L. Bice, Jordan T. Smith, ALIOTO LAW FIRM, Joseph M. Alioto, Pro Hac Attorneys for Plaintiff/Counterdefendants.
J. Randall Jones, Esq., Michael J. Gayan, Esq., Mona Kaveh, Esq., Howard Hughes Parkway, Richard L. Stone, Esq., Pro Hac Vice Amy M. Gallegos, Esq., Pro Hac Vice David R. Singer, Esq., Pro Hac Vice JENNER & BLOCK LLP Attorneys for Defendants/Counterclaimant.
JOINT STIPULATION FOR ENTRY OF SECOND AMENDED DISCOVERY PLAN AND SCHEDULING ORDER, AND EXTENSIONS OF TIME FOR BRIEFING (FIRST REQUESTS)
PHILIP M. PRO, SPECIAL MASTER.
Plaintiff/Counterdefendant LAS VEGAS SUN, INC., and Counterdefendants BRIAN GREENSPUN and GREENSPUN MEDIA GROUP, LLC (collectively the “Sun”), by and through their counsel Lewis Roca Rothgerber Christie LLP, Pisanelli Bice PLLC, and the Alioto Law Firm, and Defendant/Counterclaimant LAS VEGAS REVIEW-JOURNAL, INC., and Defendants NEWS+MEDIA CAPITAL GROUP LLC, SHELDON ADELSON, and PATRICK DUMONT (collectively the “Review-Journal”), by and through their counsel of record, Kemp Jones, LLP, and Jenner & Block LLP, hereby stipulate and agree as follows:
1. All upcoming case deadlines in the First Amended Scheduling Order (ECF No. 393) are hereby extended by 45 days. (This does not impact Judge Pro's order dated October 4, 2021 (ECF No. 484).) The Parties jointly request that the Court enter the attached Order implementing the modified schedule. Exhibit A.
2. The deposition of Ric Anderson (noticed as an in-person deposition for January 3, 2022) will be continued to January 12, 2022 and will take place via Zoom or comparable remote technology.
3. The Parties will work in good faith to stipulate to a protocol for remote depositions taken by Zoom or comparable technology. The Sun is not committing to remote depositions for all depositions which the Sun notices. The Sun will not object to remote depositions for depositions noticed by the Review-Journal.
4. All depositions that are scheduled for January (other than Ric Anderson) will be continued and rescheduled by the Parties. This includes the individual depositions of Keith Moyer, Elizabeth Cain, Brian Greenspun, and Craig Moon, as well as the Rule 30(b)(6) deposition of the Sun.
5. When rescheduling depositions, the Parties will work in good faith to respect the order of depositions that were previously scheduled.
6. The Rule 30(b)(6) deposition of the Sun will be rescheduled to February 15 and 16, 2022, and the individual deposition of Bob Cauthorn (currently set for February 2, 2022) will be rescheduled. The Sun will identify its Rule 30(b)(6) witnesses and the topics they will be covering no later than January 17, 2022.
7. The Review-Journal has withdrawn (without prejudice) its motion for protective order regarding the deposition of Keith Moyer (and has notified Judge Pro that the Parties have agreed to vacate the hearing on that motion previously scheduled for January 4). ECF No. 547.
8. The Parties agree to the following briefing extensions:
a. The Review-Journal's opposition to the Sun's motion to compel Patrick Dumont's deposition preparation materials (ECF No. 528), originally due December 30, 2021, will be due January 10, 2022. The Sun's reply will be due January 25, 2022.
b. The Review-Journal's opposition to the Sun's motion to compel relating to RFP 523 (ECF No. 534), originally due January 4, 2022, will be due January 11, 2022. The Sun's reply will be due January 18, 2022.
c. The Review-Journal's opposition to the Sun's motion for leave to amend and supplement the complaint (ECF No. 537), originally due January 6, 2022, will be due January 20, 2022. The Sun's reply will be due February 10, 2022.
d. Corresponding extensions apply to any sealing briefs related to these motions if needed.
IT IS SO ORDERED:
PROOF OF SERVICE
I hereby certify that on the 3rd day of January, 2022, I served a true and correct copy of the foregoing JOINT STIPULATION FOR ENTRY OF A SECOND AMENDED SCHEDULING ORDER, AND EXTENSIONS OF TIME FOR BRIEFING (FIRST REQUESTS) via the United States District Court's CM/ECF electronic filing system to all parties on the e-service list.
E. Leif Reid, Marla Hudgens, Kristen L. Martini, Nicole Scott, LEWIS ROCA ROTHGERBER CHRISTIE LLP Joseph M. Alioto, James J. Pisanelli, Todd L. Bice, Jordan T. Smith, PISANELLI BICE PLLC Attorneys for Plaintiff/Counterclaim Defendants.
INDEX OF EXHIBITS
Exhibit No. Document
A [Proposed] Second Amended Discovery Plan and Scheduling Order
EXHIBIT A
[Proposed] Second Amended Discovery Plan and Scheduling Order
[PROPOSED] SECOND AMENDED DISCOVERY PLAN AND SCHEDULING ORDER
Plaintiff/Counterdefendant LAS VEGAS SUN, INC., and Counterdefendants BRIAN GREENSPUN and GREENSPUN MEDIA GROUP, LLC, by and through their counsel Lewis Roca Rothgerber Christie LLP, Pisanelli Bice PLLC, and the Alioto Law Firm, and Defendant/Counterclaimant LAS VEGAS REVIEW-JOURNAL, INC., and Defendants NEWS+MEDIA CAPITAL GROUP LLC, SHELDON ADELSON, and PATRICK DUMONT, by and through their counsel of record, Kemp Jones, LLP, and Jenner & Block LLP, hereby stipulate and agree as follows:
1. On May 3, 2021, after the Parties submitted a joint proposed Amended Joint Discovery Plan and Scheduling Order (ECF No. 391), and Stipulation to Correct Error in Discovery Plan and Scheduling Order (ECF No. 393), Special Master Pro entered an Order on the Parties' stipulation. As a result of the correction, the updated case deadlines were entered as follows:
Last Day to Amend Pleadings for all parties: December 23, 2021
Close of Fact Discovery: April 22, 2022
Close of Expert Discovery: August 23, 2022
Expert Disclosures: May 23, 2022
Rebuttal Expert Deadline: July 22, 2022
Dispositive Motion/Pre-Hearing Briefs Deadline: September 6, 2022 Pretrial Order: October 6, 2022 2. The Parties have continued with discovery, and recently started taking depositions. Several depositions have been set for January. However, on December 28, 2021, lead counsel for the Sun suffered a death in the family. This unfortunate event combined with the increase in cases due to the newest COVID variant, and travel issues resulting from heavy snowfall in Northern Nevada and increased flight cancellations, have caused the Parties to agree to continue all January depositions (with the exception of one) by 30 days, to be reset for February.
3. Accordingly, the Parties seek to continue all case deadlines by 45 days. The Parties therefore request the following new deadlines:
Where the 45 days fell on a weekend, the date was moved to the following Monday.
Close of Fact Discovery: June 7, 2022
Close of Expert Discovery: October 7, 2022
Expert Disclosures: July 7, 2022
Rebuttal Expert Deadline: September 6, 2022
Dispositive Motion/Pre-Hearing Briefs Deadline: October 21, 2022
Pretrial Order: November 22, 2022
Pursuant to Local Rule 26-1(b)(5), the deadline for the joint pretrial order is 30 days after the dispositive-motion deadline. If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after the Court's decision on the dispositive motions.
IT IS SO ORDERED