Symeonides v. Trump Ruffin Commercial LLC

1 REBECCA L. MASTRANGELO, ESQ.

Nevada Bar No. 5417 ROGERS, MASTRANGELO, CARVALHO & MITCHELL S. Third Street Las Vegas, NV 89101 Telephone: (702) 383-3400 Facsimile: (702) 384-1460 [email protected] Su-Lyn Combs (pro hac vice) TUCKER ELLIS LLP South Flower Street Forty-Second Floor Los Angeles, CA 90071 Telephone: (213) 430-3400 Facsimile: (213) 430-3409 [email protected] Attorneys for Defendant OTIS ELEVATOR COMPANY UNITED STATES DISTRICT COURT DISTRICT OF NEVADA, SOUTHERN DIVISION SEBASTIAN SYMEONIDES, an Individual, Case No. 2:23-cv-00854-JAD-VCF 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 Foreign Limited-Liability Company d/b/a TRUMP INTERNATIONAL LAS VEGAS (Third Request) and TRUMP INTERNATIONAL HOTEL & TOWER LAS VEGAS; TRUMP RUFFIN TOWER I, LLC, a Foreign Limited-Liability Company; TRUMP INTERNATIONAL HOTELS MANAGEMENT, LLC, a Foreign Limited-Liability Company; OTIS ELEVATOR CORPORATION, a Foreign Corporation; DOES I through X, inclusive; and ROE BUSINESS ENTITIES I through XX, inclusive, Defendants.

27 COMES NOW, Plaintiff SEBASTIAN SYMEONIDES, by and through his attorneys of record, the law firm CHRISTIANSEN TRIAL LAWYERS, Defendant TRUMP RUFFIN TOWER I, LLC, erroneously sued herein as TRUMP RUFFIN COMMERCIAL, LLC, d/b/a TRUMP INTERNATIONAL LAS VEGAS and TRUMP INTERNATIONAL HOTEL & TOWER LAS VEGAS; and TRUMP INTERNATIONAL HOTELS MANAGEMENT, LLC by and through its counsel of record, the law firm LEWIS BRISBOIS BISGAARD & SMITH LLP and Defendant OTIS ELEVATOR COMPANY by and through its counsel of record, the law firms ROGERS, MASTRANGELO, CARVALHO, AND MITCHELL and TUCKER ELLIS LLP, and hereby request the Rebuttal Expert Disclosures in the previously filed Order [Doc 29] be extended for Plaintiff and Defendants’ economic experts by seven (7) days up to and including June 3, 2024 pursuant to FRCP 29 and LR 26.4, as follows: 11 A. EXPERT DISCOVERY TO BE COMPLETED AND REASONS FOR 12 EXTENSION OF DISCOVERY The current deadline for Rebuttal Expert Disclosures is May 27, 2024. [Doc. 29] The parties have been working diligently to complete fact and expert discovery. The parties served Initial Expert Disclosures on April 25, 2024, including the disclosure of Plaintiff’s economic expert Dr. Robert Cook and Defendants’ economic expert Laura Dolan. The parties will be serving Rebuttal Expert Disclosures on May 27, 2024. However, due to outstanding written discovery requests, an exception is required for economic experts.

Plaintiff Sebastian Symeonides alleges serious injuries and other related damages as a result of an alleged elevator drop and entrapment on February 14, 2022 at Trump International Hotel.

Plaintiff’s estimated net present value lost earning capacity is $1,927,393. Plaintiff is employed as President and CEO of VABODE, Inc., which provides mental health services to individuals who have a mental health diagnosis and VABODE is managed through a holding company SIMCO.

On April 16, 2024, Defendant Otis served a Third Set of Requests for Production of Documents requesting additional financial documents related to Plaintiff’s economic loss claims, including recent profit and loss statements, Schedule K-1, and any documents evidencing out of pocket costs incurred to hire employees. The parties have agreed to an extension of time for Plaintiff to respond to these requests on or before May 23, 2024. In order for both parties’ economic experts to review necessary financial documents, the parties agreed that the Rebuttal Expert Disclosure for Dr. Cook 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 prejudice any party.

7 In light of the circumstances and to ensure a comprehensive and equitable discovery process, the parties respectfully request an extension of time until June 3, 2024, for the Rebuttal Expert 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 Event Current Deadline Proposed Deadline Rebuttal Expert Disclosure for May 27, 2024 June 3, 2024 Economic Experts Dr. Robert Cook and Laura Dolan 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.

22 Dated this 21st day of May, 2024 Dated this 21st day of May, 2024 CHRISTIANSEN TRIAL LAWYERS LEWIS BRISBOIS BISGAARD & SMITH LLP 25 /s/ Keely P. Chippoletti /s/ David B. Avakian PETER CHRISTIANSEN, ESQ. JOSH COLE AICKLEN, ESQ.

Nevada Bar No. 5254 Nevada Bar No. 7254 R. TODD TERRY, ESQ. DAVID B. AVAKIAN, ESQ.

Nevada Bar No. 6519 Nevada Bar No. 9502 || KEELY P. CHIPPOLETTI, ESQ. YILMAZ E. TURKERI, ESQ.

Nevada Bar No. 13931 Nevada Bar No. 15468 || 710 South 7 Street 6385 S. Rainbow Blvd., Suite 600 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 || 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 || Rebecca Mastrangelo ___ SU-LYN COMBS, ESQ. (Pro Hac Vice) || REBECCA L. MASTRANGELO, ESQ. 515 South Flower Street Nevada Bar No. 5417 Forty-Second Floor || 700 South 34 Street Los Angeles, CA 90071 Las Vegas, NV 89101 Attorneys for Defendant Otis Elevator Attorneys for Defendant Otis Elevator Company Company 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// 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 I certify that on May 21, 2024, the foregoing STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN FOR INITIAL EXPERT DISCOVERY AND REBUTTAL FOR ECONOMIC EXPERTS AND SCHEDULING ORDER was filed via the Court's CM/ECF system, which generated a notice of electronic filing with links to true and correct copies of the foregoing document for service, and further that this document and all attachments were transmitted via U.S. Mail and email upon the following counsel of record: 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 Whitney J. Barrett, Esq. Las Vegas, NV 89118 Keely P. Chippoletti, Esq. Email: [email protected] CHRISTIANSEN TRIAL LAWYERS 710 S. 7th Street, Suite B Attorneys for Defendants Las Vegas, Nevada 89101 Trump Ruffin Commercial, LLC d/b/a Trump Email: [email protected] 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 REBECCA L. MASTRANGELO, ESQ.

Nevada Bar No. 5417 ROGERS, MASTRANGELO, CARVALHO & MITCHELL South Third Street Las Vegas, Nevada 89101 Phone (702) 383-3400 Fax (702) 384-1460 Email: [email protected] Attorneys for Defendant Otis Elevator Company 27 /s/ Stella S. Villegas Stella S. Villegas