Smallman v. MGM Resorts International, No. 2:2020cv00376 - Document 180 (D. Nev. 2023)
Court Description: ORDER granting 175 Stipulation Regarding Modification of Discovery Schedule. Discovery due by 3/19/2024. Motions due by 7/24/2024. Signed by Magistrate Judge Nancy J. Koppe on 11/8/2023. (Copies have been distributed pursuant to the NEF - CT)
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Smallman v. MGM Resorts International Doc. 180 Don Springmeyer, Esq. (NBN 1021) 1 KEMP JONES, LLP th 2 3800 Howard Hughes Parkway, 17 Floor Las Vegas, NV 89169 3 Tel: (702) 385-6000 Email: d.springmeyer@kempjones.com 4 Miles N. Clark (NBN 13848) 5 LAW OFFICES OF MILES N. CLARK, LLC 6 5510 S. Fort Apache Rd., Suite 30 Las Vegas, NV 89148-7700 7 Tel: (702) 856-7430 Email: miles@milesclarklaw.com 8 Co-Liaison Counsel for Plaintiffs and the Class 9 10 (Additional Counsel Listed on Signature Page) 11 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 13 14 15 16 In re: MGM Resorts International Data Breach Litigation Case No.: 2:20-CV-00376-GMN-NJK STIPULATION AND [PROPOSED] ORDER REGARDING MODIFICATION OF DISCOVERY SCHEDULE (First Request) 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 Pursuant to Federal Rules of Civil Procedure 16 and Civil Local Rules IA 6-1 and 6-2, 2 Plaintiffs Ryan Bohlim, Duke Hwynn, Andrew Sedaghatpour, Gennady Simkin, Robert Taylor, 3 Michael Fossett, Victor Wukovits, Kerri Shapiro, Julie Mutsko, Larry Lawter, individually and on 4 behalf of those similarly situated (collectively, “Plaintiffs”) and Defendant MGM Resorts 5 International (“MGM”) (collectively, the “Parties”), stipulate to and request the following 6 modification of the Case Management Schedule [ECF No. 143], seeking (1) a brief extension of the 7 interim fact discovery cutoff by three months, and (2) adjustments to other case deadlines 8 accordingly. Notwithstanding the Parties’ diligence in propounding and responding to discovery, 9 this request is necessary to complete approximately 17 contemplated depositions, which is 10 complicated by the upcoming holidays, the geographical dispersion of witnesses, the need to 11 complete and review document productions for purposes of examining witnesses at deposition, 12 complications related to the fact that the vast majority of MGM witnesses no longer work for the 13 company; as well as the need to work through certain third-party discovery disputes that the parties 14 have been diligently attempting to resolve cooperatively and without the need for Court 15 intervention, and the need to investigate the potential relationship between this case and a 16 subsequent security incident MGM experienced in September 2023. This is the Parties’ first request 17 to modify the case management schedule. 18 19 Modification of the Case Management Schedule WHEREAS, on December 29, 2022, the Court entered the interim fact discovery cutoff 20 deadline for December 19, 2023, and also set the following deadlines: Initial class certification 21 experts: January 18, 2024; Rebuttal class certification experts: March 4, 2024; Class certification 22 expert discovery cutoff: April 3, 2024; Motion for class certification: April 24, 2024; Motion(s) 23 to exclude class certification experts: April 24, 2024; Private mediation deadline: July 17, 2024; 24 Joint status report regarding private mediation: July 24, 2024. (ECF No. 143). 25 WHEREAS, the Parties have engaged in and completed significant discovery, including 26 by (a) serving and responding to multiple discovery requests and interrogatories since February 27 2023, and meeting and conferring regarding the same (41 requests for production and 7 28 interrogatories propounded by Plaintiffs; 41 requests for production, 17 requests for admission, -1- 1 and 10 interrogatories propounded by MGM); (b) MGM’s production of over 12,000 documents; 2 (c) Plaintiffs’ production of approximately 5,000 documents; (d) the Parties’ ongoing and 3 extensive review of those documents; (d) meeting and conferring to discuss the scope of discovery 4 responses and the scheduling of depositions in a cooperative fashion to avoid burdening the Court 5 with needless motion practice; (e) Plaintiffs’ deposition of a third-party in this case and serving 6 two other third-party document and deposition subpoenas; 7 WHEREAS, the Parties anticipate substantially completing their document productions in 8 the coming weeks, including the additional production of approximately 800 documents by 9 Plaintiffs; and an additional volume of documents from MGM; however, the Parties still need to 10 complete 15 agreed-upon party depositions and 2 contemplated third-party depositions, all of 11 which is complicated by the upcoming holidays, the geographical dispersion of witnesses, the need 12 to complete and review document productions for purposes of examining witnesses at deposition, 13 as well as additional complications related to the fact that the vast majority of MGM witnesses no 14 longer work for the company; 15 WHEREAS, Plaintiffs have served third-party deposition subpoenas and anticipate 16 potential discovery motion practice in the forum where one third-party is located if the Parties 17 cannot resolve matters informally; 18 WHEREAS, the Parties are discussing further discovery arising from the September 10, 19 2023 security incident that impacted MGM, which they have sought to explore with counsel in 20 this case and counsel in Lackey v. MGM Resorts International, Case No. 2:23-cv-01549 (D. Nev. 21 2023); 22 WHEREAS, Plaintiffs contend that discovery regarding the September 2023 security 23 incident may be relevant to the scope and terms of potential injunctive relief in this case and is 24 therefore necessary prior to filing their motion for class certification; 25 WHEREAS, Defendants contend that discovery regarding the September 2023 security 26 incident does not bear on the 2019 security incident, which involved a different threat actor, threat 27 vector, and systems; 28 WHEREAS, notwithstanding the Parties’ disagreement over the relevance of discovery -2- 1 DATED this 6th day of November, 2023. 2 HUNTON ANDREWS KURTH LLP KEMP JONES, LLP 3 /s/ Jason J. Kim Anne Marie Mortimer (pro hac vice) Jason J. Kim (pro hac vice) 550 South Hope Street, Suite 2000 Los Angeles, California 90071-2627 /s/ Don Springmeyer Don Springmeyer, Esq. (NBN 1021) 3800 Howard Hughes Parkway, 17th Floor Las Vegas, Nevada 89169 Todd L. Bice, Esq. (NBN 4534) Brianna Smith, Esq. (NBN 11795) PISANELLI BICE PLLC 400 South 7th Street, Suite 300 Las Vegas, Nevada 89101 Miles N. Clark, Esq. (NBN 13848) LAW OFFICES OF MILES N. CLARK, LLC 5510 S. Fort Apache Rd., Suite 30 Las Vegas, Nevada 89148-7700 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Co-Liaison Counsel for Plaintiffs and the Class Neil K. Gilman (pro hac vice) HUNTON ANDREWS KURTH LLP 2200 Pennsylvania Avenue, NW, Suite 900 Washington, D.C 20037-1701 E. Michelle Drake (pro hac vice) BERGER MONTAGUE, PC 1229 Tyler Street NE, Suite 205 Minneapolis, Minnesota 55413 Attorneys for Defendant MGM Resorts International Michael Dell’Angelo (pro hac vice) Reginald Streater Mark DeSanto BERGER MONTAGUE, PC 1818 Market Street, Suite 3600 Philadelphia, Pennsylvania 19103 Douglas J. McNamara (pro hac vice) Karina G. Puttieva (pro hac vice) COHEN MILSTEIN SELLERS & TOLL, PLLC 1100 New York Ave., 5th Floor Washington, D.C. 20005 Claire L. Torchiana (pro hac vice) COHEN MILSTEIN SELLERS & TOLL, PLLC 88 Pine Street, 14th Fl. New York, New York 10005 David M. Berger (pro hac vice) Eric H. Gibbs (pro hac vice) GIBBS LAW GROUP, LLP 1111 Broadway, Suite 2100 Oakland, California 94607 28 -4- 1 2 3 4 5 John A. Yanchunis (pro hac vice) Jean S. Martin (pro hac vice) Marcio Valladares (pro hac vice) MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 N. Franklin Street, 7th Floor Tampa, Florida 33602 Co-Lead Counsel for Plaintiffs and the Class 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-
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