Symeonides v. Trump Ruffin Commercial LLC ( 2024 )

1 REBECCA L. MASTRANGELO, ESQ. Nevada Bar No. 5417 2 ROGERS, MASTRANGELO, CARVALHO & MITCHELL 700 S. Third Street 3 Las Vegas, NV 89101 Telephone: (702) 383-3400 4 Facsimile: (702) 384-1460 rmastrangelo@rmcmlaw.com 5 Su-Lyn Combs (pro hac vice) 6 TUCKER ELLIS LLP 515 South Flower Street 7 Forty-Second Floor Los Angeles, CA 90071 8 Telephone: (213) 430-3400 Facsimile: (213) 430-3409 9 su-lyn.combs@tuckerellis.com 10 Attorneys for Defendant OTIS ELEVATOR COMPANY 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA, SOUTHERN DIVISION 13 14 SEBASTIAN SYMEONIDES, an Individual, Case No. 2:23-cv-00854-JAD-VCF 15 Plaintiff, STIPULATION AND ORDER TO 16 EXTEND DISCOVERY PLAN FOR vs. REBUTTAL EXPERT DISCLOSURES 17 FOR ECONOMIC EXPERTS AND TRUMP RUFFIN COMMERCIAL, LLC, a SCHEDULING ORDER 18 Foreign Limited-Liability Company d/b/a TRUMP INTERNATIONAL LAS VEGAS (Third Request) 19 and TRUMP INTERNATIONAL HOTEL & TOWER LAS VEGAS; TRUMP RUFFIN 20 TOWER I, LLC, a Foreign Limited-Liability Company; TRUMP INTERNATIONAL 21 HOTELS MANAGEMENT, LLC, a Foreign Limited-Liability Company; OTIS 22 ELEVATOR CORPORATION, a Foreign Corporation; DOES I through X, inclusive; 23 and ROE BUSINESS ENTITIES I through XX, inclusive, 24 Defendants. 25 26 27 COMES NOW, Plaintiff SEBASTIAN SYMEONIDES, by and through his attorneys of 1 record, the law firm CHRISTIANSEN TRIAL LAWYERS, Defendant TRUMP RUFFIN TOWER 2 I, LLC, erroneously sued herein as TRUMP RUFFIN COMMERCIAL, LLC, d/b/a TRUMP 3 INTERNATIONAL LAS VEGAS and TRUMP INTERNATIONAL HOTEL & TOWER LAS 4 VEGAS; and TRUMP INTERNATIONAL HOTELS MANAGEMENT, LLC by and through its 5 counsel of record, the law firm LEWIS BRISBOIS BISGAARD & SMITH LLP and Defendant 6 OTIS ELEVATOR COMPANY by and through its counsel of record, the law firms ROGERS, 7 MASTRANGELO, CARVALHO, AND MITCHELL and TUCKER ELLIS LLP, and hereby 8 request the Rebuttal Expert Disclosures in the previously filed Order [Doc 29] be extended for 9 Plaintiff and Defendants’ economic experts by seven (7) days up to and including June 3, 2024 10 pursuant to FRCP 29 and LR 26.4, as follows: 11 A. EXPERT DISCOVERY TO BE COMPLETED AND REASONS FOR 12 EXTENSION OF DISCOVERY 13 The current deadline for Rebuttal Expert Disclosures is May 27, 2024. [Doc. 29] The parties 14 have been working diligently to complete fact and expert discovery. The parties served Initial 15 Expert Disclosures on April 25, 2024, including the disclosure of Plaintiff’s economic expert Dr. 16 Robert Cook and Defendants’ economic expert Laura Dolan. The parties will be serving Rebuttal 17 Expert Disclosures on May 27, 2024. However, due to outstanding written discovery requests, an 18 exception is required for economic experts. 19 Plaintiff Sebastian Symeonides alleges serious injuries and other related damages as a result of 20 an alleged elevator drop and entrapment on February 14, 2022 at Trump International Hotel. 21 Plaintiff’s estimated net present value lost earning capacity is $1,927,393. Plaintiff is employed as 22 President and CEO of VABODE, Inc., which provides mental health services to individuals who 23 have a mental health diagnosis and VABODE is managed through a holding company SIMCO. 24 On April 16, 2024, Defendant Otis served a Third Set of Requests for Production of Documents 25 requesting additional financial documents related to Plaintiff’s economic loss claims, including 26 recent profit and loss statements, Schedule K-1, and any documents evidencing out of pocket costs 27 incurred to hire employees. The parties have agreed to an extension of time for Plaintiff to respond 1 to these requests on or before May 23, 2024. In order for both parties’ economic experts to review 2 necessary financial documents, the parties agreed that the Rebuttal Expert Disclosure for Dr. Cook 3 and Ms. Dolan be extended up to and including June 3, 2024. 4 The parties agree, pursuant to Local Rule 6-1, that good cause exists for the requested extension. 5 The extension will not impede the current deadlines previously established in this matter, nor will it 6 prejudice any party. 7 In light of the circumstances and to ensure a comprehensive and equitable discovery process, 8 the parties respectfully request an extension of time until June 3, 2024, for the Rebuttal Expert 9 Disclosures for Dr. Cook and Ms. Dolan. All other deadlines remain the same. 10 C. PROPOSED PLAN FOR COMPLETING DISCOVERY FOR 11 VOCATIONAL EXPERT WITNESSES 12 Event Current Deadline Proposed Deadline 13 Rebuttal Expert Disclosure for May 27, 2024 June 3, 2024 14 Economic Experts Dr. Robert 15 Cook and Laura Dolan 16 17 D. THE CURRENT TRIAL DATE 18 This matter has not been scheduled for trial. 19 E. NUMBER OF REQUESTS FOR EXTENSION 20 This is the third request to extend discovery deadlines. 21 22 Dated this 21st day of May, 2024 Dated this 21st day of May, 2024 23 CHRISTIANSEN TRIAL LAWYERS LEWIS BRISBOIS BISGAARD & SMITH LLP 24 25 /s/ Keely P. Chippoletti /s/ David B. Avakian 26 PETER CHRISTIANSEN, ESQ. JOSH COLE AICKLEN, ESQ. Nevada Bar No. 5254 Nevada Bar No. 7254 27 R. TODD TERRY, ESQ. DAVID B. AVAKIAN, ESQ. Nevada Bar No. 6519 Nevada Bar No. 9502 1 || KEELY P. CHIPPOLETTI, ESQ. YILMAZ E. TURKERI, ESQ. Nevada Bar No. 13931 Nevada Bar No. 15468 2 || 710 South 7 Street 6385 S. Rainbow Blvd., Suite 600 3 Las Vegas, NV 89101 Las Vegas, NV 89118 Attorneys for Plaintiff Attorneys for Defendant 4 Trump Ruffin Tower I, Trump International Las Vegas and Trump International Hotel 5 & Tower Las Vegas and Trump International 6 Hotels Management, LLC 7 || Dated this 2Ist day of May, 2024 Dated this 21st day of May, 2024 g || ROGERS, MASTRANGELO, CARVALHO TUCKER ELLIS LLP g || & MITCHELL 10 /s/ Su-Lyn Combs R L.M 1 11 || Rebecca Mastrangelo ___ SU-LYN COMBS, ESQ. (Pro Hac Vice) 12 || REBECCA L. MASTRANGELO, ESQ. 515 South Flower Street Nevada Bar No. 5417 Forty-Second Floor 13 || 700 South 34 Street Los Angeles, CA 90071 Las Vegas, NV 89101 Attorneys for Defendant Otis Elevator 14 Attorneys for Defendant Otis Elevator Company Company 15 IT IS SO ORDERED For good cause 16 show, the stipulation is APPROVED. 17 | L7 Aff en 18 United StatesMoa€istraré f idge 19 D ATED. 5-22-24// 20 21 22 23 24 25 26 27 28 4 Case No. 2:23-cv-00854-JAD-VCF STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN FOR INITIAL EXPERT DISCOVERY AND 1 CERTIFICATE OF SERVICE 2 I certify that on May 21, 2024, the foregoing STIPULATION AND ORDER TO EXTEND 3 DISCOVERY PLAN FOR INITIAL EXPERT DISCOVERY AND REBUTTAL FOR 4 ECONOMIC EXPERTS AND SCHEDULING ORDER was filed via the Court's CM/ECF system, 5 which generated a notice of electronic filing with links to true and correct copies of the foregoing 6 document for service, and further that this document and all attachments were transmitted via U.S. Mail 7 and email upon the following counsel of record: 8 Peter S. Christiansen, Esq. David B. Avakian, Esq. 9 R. Todd Terry, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP Kendelee Leascher Works, Esq. 6385 South Rainbow Blvd., Suite 600 10 Whitney J. Barrett, Esq. Las Vegas, NV 89118 11 Keely P. Chippoletti, Esq. Email: David.Avakian@lewisbrisbois.com CHRISTIANSEN TRIAL LAWYERS 12 710 S. 7th Street, Suite B Attorneys for Defendants Las Vegas, Nevada 89101 Trump Ruffin Commercial, LLC d/b/a Trump 13 Email: keely@christiansenlaw.com International Las Vegas and Trump 14 International Hotel & Tower Las Vegas; Attorneys for Plaintiff Trump Ruffin Tower I, LLC; Trump 15 International Hotels Management, LLC 16 REBECCA L. MASTRANGELO, ESQ. Nevada Bar No. 5417 17 ROGERS, MASTRANGELO, CARVALHO & 18 MITCHELL 700 South Third Street 19 Las Vegas, Nevada 89101 Phone (702) 383-3400 20 Fax (702) 384-1460 Email: rmastrangelo@rmcmlaw.com 21 22 Attorneys for Defendant Otis Elevator Company 23 24 25 26 27 /s/ Stella S. Villegas Stella S. Villegas 28