RES Exhibit Services, LLC v. LNW Gaming, Inc. f/k/a SG Gaming, Inc. and f/k/a Bally Gaming, Inc.

• Court: District Court, D. Nevada
• Decided: June 1, 2023
• Docket: 2:21-cv-01953
• Status: Unknown

Opinion

CAMPBELL & WILLIAMS 1 || PHILIP R. ERWIN, ESQ. (11563) pre@cwlawlv.com SAMUEL R. MIRKOVICH (11662) 3 || sem@cwlawlv.com ARIANA N. REED (15310) 4 || anr@cwlawlv.com 710 South Seventh Street, Suite A 5 |] Las Vegas, Nevada 89101 6 Telephone: (702) 382-5222 Facsimile: (702) 382-0540 Attorneys for Defendant 8 || LNW Gaming, Inc. _ 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA : 1] 12 < Sag CASE NO.: 2:21-cv-01953-APG-EJY 15a 13 RES EXHIBIT SERVICES, LLC, a New York limited liability company; no 14 STIPULATION AND {PROPOSED} ~ ELS Plaintiff, ORDER TO (i) PARTIALLY STAY > 15 vs. PROCEEDINGS, (ii) VACATE EXISTING DISCOVERY DEADLINES, AND (iii) SET O LNW GAMING, INC. f/k/a SG GAMING, BRIEFING SCHEDULE a 16 INC. f/k/a BALLY GAMING, INC., a 7 Nevada corporation, (FIRST REQUEST) 18 Defendant, = 19 Plaintiff RES Exhibit Services, LLC (“RES”) and Defendant LNW Gaming, Inc. f/k/a S 20 Gaming, Inc. f/k/a Bally Gaming, Inc. (“LNW Gaming’) (collectively, the “Parties”), by and □□□□□□ 9 || their undersigned counsel of record, hereby request and stipulate to the entry of an order to ( 23 || partially stay proceedings, (11) vacate existing discovery deadlines, and (111) set briefing schedule. 24 1. The current discovery deadline in this matter is June 23, 2023, and the dispositir y 25 motion deadline is August 8, 2023. (ECF No. 30). 26 2. With respect to the claims and defenses related to RES’s complaint, RES has servs 27 its initial disclosures and two (2) supplements thereto (each discussed below). LNW Gaming h 28

' served its initial disclosures and six (6) supplements thereto. The Parties have also propounded ar

3 responded to written discovery requests, and LNW Gaming has served subpoenas duces tecum « 3 || certain third-party witnesses. The Parties have also conducted nine depositions, and LNW h. 4 || served subpoenas for the depositions of five third-party witnesses. 5 3. On September 2, 2022, RES produced approximately 800 gigabytes of unprocess« 6 ESI data on two hard drives to LNW Gaming. After the parties engaged in meet-and-confer effor conceming the hard drive production, RES served a supplemental production of approximate

9 57,000 new documents on May 5, 2023. 5 10 4. After receiving RES’s supplemental production, LNW Gaming vacated tl 11 || depositions of five third-party witnesses that were scheduled to take place in May 2023, includit 12 || the depositions of Jeri Wiedemer (“Wiedemer”) and Robert Reyes (“Reyes”). LNW Gaming furth 1288 2 E 13 notified the respective counsel for RES, Wiedemer and Reyes that LNW Gaming intended to sex > : i 4 leave to amend to file counterclaims and third-party claims against them. Separately, LNW □□□□ notified RES of its intent to move for sanctions under the Court’s inherent powers. 7 5. On May 15, 2023, RES served another supplemental production of approximate 1g || 12,000 documents and privilege log. After discovering the presence of potentially privilegs = 19 || communications in the supplemental production, LNW Gaming initiated the clawback procedur 20 || under the ESI Protocol and destroyed the production at RES’s direction. RES’s review team is 71 the process of re-reviewing this supplemental production and intends to make a supplement production with a revised privilege log. 6. On May 16, 2023, LNW Gaming requested a meet-and-confer related to RES’s ( 5 confidentiality designations of documents and deposition testimony, (11) privilege log, and (1 26 || production of text messages. 27 28

' 7. On May 23, 2023, LNW Gaming filed its Motion for Leave to File Counterclaim at

3 Third-Party Complaint, Add New Parties, and Modify the Discovery Deadlines (“Motion for Lea’ 3 || to Amend”). (ECF No. 32). RES intends to oppose the Motion for Leave to Amend. 4 8. On May 25, 2023, the Parties conducted a meet-and-confer on the above-mentions 5 |] issues related to RES’s document production as well as RES’s intention to file a motion to comp 6 certain documents from LNW Gaming based on an alleged at-issue waiver of the attorney-clie privilege and/or attorney work-product doctrine.

9 9. The Parties also agreed to vacate the existing discovery deadlines and stipulate to 5 10 || Partial stay of discovery pending the resolution of LNW Gaming’s Motion for Leave to Amend | 11 || well as its forthcoming motion for sanctions (“Motion for Sanctions”). Specifically, the Parti 12 || agreed that it is not feasible to conduct additional depositions in this matter until the scope of tl 1288 13 case and discovery is addressed by the Court in connection with LNW Gaming’s motions. TI > : i 4 Parties also agreed that Wiedemer and Reyes should not be required to appear for their □□□□□□□□□□ until the Court determines whether they will be third-party defendants in this action. Additionall i 7 LNW Gaming intends to seek relief in its Motion for Sanctions that would affect the scope of tl 1g || case and the remaining discovery that needs to be completed by the Parties. Regardless, the Parti = 19 || acknowledged that LNW Gaming cannot complete additional depositions prior to the discove 20 || deadline until RES completes its document production and the issues raised in the Parties’ mee 71 and-confer discussion are resolved. Thus, the Parties agreed that entering into this Stipulatic constituted the most efficient and judicially economical way to address these issues. See Treasu. Island, LLC v. Affiliated FM Ins. Co., 2022 WL 1084731, at *1 (D. Nev. Mar. 23, 2022) (“It 1s we

5 established that district courts have the inherent power to control their dockets and manage the 26 || affairs; that includes the power [ ] to streamline motion practice and promote judicial efficiency, ar 27 || to stay proceedings pending the resolution of other relevant matters.”). 28

' 10. With respect to the scope of the partial stay, the Parties agreed that continued activi

3 related to their respective document productions would be appropriate. To that end, the Parti 3 || agreed to carve out from the stay any pending issues related to the Parties’ document production 4 || including (i) RES’s ongoing production of documents and privilege log, (ii) RES’s production | 5 |] text messages, (111) RES’s confidentiality designations, and (iv) RES’s challenge to LNW Gaming claim of privilege over certain materials which will be filed after the Motion for Leave to Amend decided. The Parties, however, will not serve new written discovery during the pendency of tl partial stay. = 10 11. The Parties further agreed to the following briefing schedule on LNW Gaming a 11 || Motion for Leave to Amend: > 12 BRIEF DUE DATE 13 Motion for Leave to Amend N/A 14 Z Sa 15 6 Reply June 30, 2023 16

17 12. Lastly, the Parties agreed to the following briefing schedule on LNW Gaming

3 18 forthcoming Motion for Sanctions: = 19 30 BRIEF DUE DATE

23 Reply July 31, 2023 24 25

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IT IS SO STIPULATED.

Dated this 1st day of June, 2023. Dated this 1st day of June, 2023. 3 || CAMPBELL & WILLIAMS RICE REUTHER SULLIVAN & CARROLL, LLP 5 || By:/s/ Philip R. Erwin By:_/s/ Chad W. Flansbur. PHILIP R. ERWIN, ESQ. (11563) DAVID A. CARROLL, ESQ. (7643) 6 || SAMUEL R. MIRKOVICH (11662) ANTHONY J. DIRAIMONDO, ESQ. (10875) ARIANA N. REED (15310) ROBERT E. OPDYKE, ESQ. (12841) 710 South Seventh Street, Suite A 3800 Howard Hughes Parkway, Suite 1200 g || Las Vegas, Nevada 89101 Las Vegas, Nevada 89169 9 || Attorneys for LNW Gaming, Inc. -and- = 10 CHAD W. FLANSBURG, ESQ. (Pro Hac Vice) 2 il PHILLIPS LYTLE LLP > D 28 East Main Street, Suite 1400 < Rochester, New York 14614-1935 13

Attorneys for RES Exhibit Services, LLC. mM 14 ~ WANS 15

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ORDER 1. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the □□□□□□ 3 || discovery deadlines including the discovery cut-off, dispositive motion deadline, and pretri 4 || memorandum deadline are hereby vacated. The discovery schedule will be addressed and □□□□□□□□ 5 |] in connection with the Court’s resolution of LNW Gaming’s Motion for Leave to Amend (ECF N 6 32) and forthcoming Motion for Sanctions. 2. IT IS FURTHER ORDERED that this case shall be partially stayed until the Court

9 resolution of LNW Gaming’s Motion for Leave to Amend (ECF No. 32) and forthcoming Motic 5 10 || for Sanctions. The Parties shall not serve new written discovery or conduct additional □□□□□□□□□□ 11 || during the pendency of the partial stay. The Parties may, however, continue to resolve any pendit 12 || issues related to the Parties’ document productions, including (i) RES’s ongoing production | 13 documents and privilege log, (11) RES’s production of text messages, (111) RES’s □□□□□□□□□□□□□ > : : 4 designations, and (iv) RES’s challenge to LNW Gaming’s claim of privilege over certain material 3. IT IS FURTHER ORDERED that the Parties shall comply with the following □□□□□□□ i 7 schedule on LNW Gaming’s Motion for Leave to Amend: 18 MOTION FOR LEAVE TO AMEND

23 24 || ..... 251.0...

27 08 Leas

4. IT IS FURTHER ORDERED that the Parties shall comply with the following briefi1

3 schedule on LNW Gaming’s forthcoming Motion for Sanctions: 3 MOTION FOR SANCTIONS 4 BRIEF DUE DATE 6 Reply July 31, 2023 10 IT ISSO ORDERED. 11 12

4 13 U.S. MAGIST E E

14 DATED: June 1, 2023

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