PD.47112921.1 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

EFD SPORTS, LLC, 

Plaintiff, 

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v. CIVIL ACTION NO. 4:24-CV-87-SDJ 

BALLY’S CORPORATION, 

Defendant. 

JOINT MOTION TO EXTEND EXPERT DESIGNATION, 

DISCOVERY, DISPOSITIVE MOTION, AND MEDIATION DEADLINES 

 Defendant Bally’s Corporation (“Bally’s”) and Plaintiff EFD Sports, LLC (“EFD”) file 

this Joint Motion to Extend the Expert Designation, Discovery, Dispositive Motion, and Mediation 

Deadline contained in the Court’s Scheduling Order. [ECF. No. 27]. In support of this motion, the 

parties state as follows: 

 The parties have engaged in initial discovery but are unable to complete discovery until 

after the substantive claims to be pleaded are established. Plaintiff has filed two motions to amend 

its pleading in this case; its most recent motion seeks to add three individual defendants. [ECF 

Nos. 18 and 28]. Defendant has moved to dismiss the Plaintiff’s First Amended Complaint and 

opposed both of the motions to further amend the pleadings and to join additional parties. [ECF 

Nos. 12, 25, and 29]. The parties have exchanged initial disclosures, including documents they 

believe are relevant, but have not engaged in additional written discovery or depositions pending 

a determination of whether any claims survive the motion to dismiss and, if so, what claims and 

parties are subject to such discovery. 

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PD.47112921.1 

 The current deadline for Plaintiff to designate experts was August 7, 2024; the deadline 

for Defendant to designate experts was September 4, 2024. Plaintiff did not designate any experts, 

so Defendant did not designate a counter expert. The current deadline to complete discovery is 

November 13, 2024. The deadline for dispositive motions is December 4, 2024. The deadline for 

mediation is December 11, 2024. The Pre-trial Conference is currently set for June 18, 2025, with 

a trial date to be set between July 7, 2025 and July 31, 2025. 

 Plaintiff seeks to reopen its expert deadline and to allow Plaintiff until November 15, 2024, 

to designate any expert witness; if the Court reopens Plaintiff’s expert deadline, Defendant’s seek 

until December 15, 2024, to designate any responsive experts. Further, the Parties request the 

Court to extend the discovery deadline to February 28, 2025, the dispositive motion deadline to 

March 14, 2025, and the mediation deadline to March 28, 2025. These extensions are not sought 

for delay, and the remaining deadlines on the Court’s governing scheduling order and trial date 

will not be impacted by the extension requested above. 

 WHEREFORE, the parties jointly request the Court extend the deadlines as requested 

herein to allow the Court an opportunity to address the pending motions and a short period 

thereafter for the parties to engage in any additional discovery and trial preparation needed. The 

proposed extensions are designed in an effort to not delay the ultimate resolution of this case or 

ability to comply with the other deadlines established in this Court’s existing Scheduling Order. 

Respectfully submitted, 

 /s/ Blake A Bailey 

BLAKE A. BAILEY 

State Bar No. 01514700 

PHELPS DUNBAR LLP 

2102 E. State Hwy. 114, Suite 207 

Southlake, Texas 76092-7626 

blake.bailey@phelps.com 

Case 4:24-cv-00087-SDJ Document 31 Filed 10/10/24 Page 2 of 3 PageID #: 433
PD.47112921.1 

(817) 305-0332 (phone) 

(817) 488-3214 (facsimile) 

ATTORNEY FOR DEFENDANT 

BALLY’S CORPORATION 

AND 

 /s/Donald M. Kaiser (signed w/ permission) 

DONALD M. KAISER JR. 

State Bar No. 24025466 

KAISER LEGAL SOLUTIONS, PLLC 

5440 Harvest Hill Road, Suite 201 

Dallas, Texas 75203 

dkaiser@attorneysforbusiness.com 

(214) 441-3000 (phone) 

(214) 441-3001 (facsimile) 

ATTORNEY FOR PLAINTIFF 

EFD SPORTS, LLC 

CERTIFICATE OF SERVICE 

I certify that on this 10th day of October, 2024, a true and correct copy of the foregoing 

was served on all counsel of record pursuant to the Federal Rules of Civil Procedure. 

/s/ Blake A. Bailey

Blake A. Bailey

Case 4:24-cv-00087-SDJ Document 31 Filed 10/10/24 Page 3 of 3 PageID #: 434