Egbert v. Cenlar Federal Savings Bank ( 2019 )

1 || ANDREW A. BAO, ESQ. Nevada State Bar No. 10508 2 || WOLFE & WYMAN LLP 6757 Spencer Street 3 Las Vegas, NV 89119 Telephone: (702) 476-0100 4 || Facsimile: (702) 476-0101 aabao@ wolfewyman.com 5 Attorneys for Defendant 6 || CENLAR FEDERAL SAVINGS BANK UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 a3 10 KENT EGBERT, Case No. 2:19-cv-01324-JAD-EJY Plaintiff, [PROPOSED] STIPULATION AND =, 12 Vv. ORDER TO EXTEND DISCOVERY 13 EQUIFAX INFORMATION SERVICES, LLC; TRANSUNION, LLC, CENLAR [FIRST REQUEST] 14 FEDERAL SAVINGS BANK, j= Os 15 Defendants. 16 18 Pursuant to Fed. R. Civ. P. 26(f), and Local Rule 26-1, Plaintiff Kent Egbert □□□□□□□□□□□□□ 19 || and Cenlar Federal Savings Bank (“Cenlar’’) (collectively the “Parties”), by and through their 209 || attorneys, hereby stipulate to extend discovery deadlines and other deadlines in the October 15, 21 2019 Scheduling Order as follows: 2 1. Completed Discovery. 23 Cenlar has responded to discovery requests and produced documents. Cenlar’s 30(b)(6) 24 || deposition occurred on October 16, 2019 and has been left open due to pending discovery matters 25 || being discussed between the parties. Plaintiff noticed Cenlar’s subsequent 30(b)(6) deposition for 26 December 19, 2019. 27 2. Remaining Discovery. 28 Completion of Cenlar’s 30(b)(6) deposition, outstanding document production from ] 1 Cenlar, possible expert discovery, plaintiff deposition, and request for production from Plaintiff. 2 3. Good Cause. 3 The parties have been diligently litigating this case and are requesting this extension becaus 4 || another Cenlar 30(b)(6) deposition has been noticed for December 19, 2019. The Parties dispute th 5 qualifications of the original Cenlar 30(b)(6) witness produced on October 16, 2019 and the paymen 6 || of fees and costs relating to said deposition and continue to work through those particular issues. 7 Furthermore, there are several document production issues that remain outstanding and will be 8 subject to a motion to compel if cannot be agreed upon prior to the December 19, 2019 Cenla 9 30(b)(6) deposition that is currently set. However, the parties are seeking to resolve thes 10 || outstanding issues between themselves to avoid burdening the Court, which is a significant reaso 11 for the additional time needed. Further, the parties wish to ensure the upcoming deposition i 12 || conducted with the benefit of a fully developed written record. Doing so will help minimize th = 13 expense of litigation by avoiding the necessity of conducting follow-up depositions. In the event th 14 || deposition reveals facts which necessitate amendment of the operative pleadings, the parties desir 5: 15 to do so prior to the leave-to-amend deadline. Due to scheduling, this deposition cannot be complete 16 || prior to the present leave-to-amend deadline. In the meantime, the parties remain open to settlemen 17 || in this matter, but have now reset a date for Cenlar’s 30(b)(6) deposition to avoid any unnecessar 18 || delay. 19 Currently, the discovery cutoff is March 9, 2020. The parties stipulated that Cenlar’s 30(b)(6 20 || deposition (that occurred on October 16, 2019 and any other depositions thereto) will also be use 21 in a related case, Egbert v. Equifax Information Solutions, LLC, 2:19-cv-00483-JAD-VCF. In tha 22 || action, the discovery cutoff is also currently March 9, 2020 (See 2:19-cv-00483-JAD-VCF, EC 23 No. 56), with the remaining parties similarly requesting an equivalent extension. The parties believ: 24 similar discovery will be conducted in both actions. 25 Thus, the parties were diligently moving forward with all pending issues in this matter an 26 || are only seeking another extension once they reasonably knew that they were unlikely to conduc 27 || initial discovery prior to the current deadline to amend pleadings. See Eckert Cold Storage, Inc. v. 28 Behl, 943 F. Supp. 1230, 1233 (E.D. Cal. 1996). Furthermore, Cenlar’s counsel unexpectedly ha 1 to attend a family funeral recently, causing him to be generally unavailable between November 12, 2 || 2019-November 22, 2019. Counsel continue to work together in good faith to resolve any pendin 3 discovery issues to avoid motion practice to the extent possible and to possibly settle this action. 4 Therefore, this stipulation is made in good faith, is not interposed for delay, and is not filed for a 5 improper purpose. 6 4. Current Discovery Deadlines 7 e Discovery Cutoff: March 9, 2020 8 e Amending Pleadings/Adding Parties: December 10, 2019 9 e Initial Expert Disclosures and Interim Status Report: January 9, 2020 10 e Rebuttal Expert Disclosures: February 19, 2020 11 e Dispositive Motion deadline: April 8, 2020 = 12 e Joint Proposed Pretrial Order: None = 13 5. Proposed Discovery Deadlines. 14 WHEREAS, no prejudice will occur to this Court or the Parties if granted, good cause 15 supports this request to extend discovery; 16 NOW, THEREFORE, in consideration of the foregoing, and for good cause, IT IS HEREBY 17 STIPULATED AND AGREED, by and between the Parties as follows: 18 The October 15, 2019 Scheduling Order shall be amended as follows: 19 20 || /// 21 /// 22 || /// 23 || /// 24 || /// 25 || /// 26 || /// 27 28 1 e Discovery Cutoff: April 23, 2020 2 e Amending Pleadings/Adding Parties: January 30, 2020 3 e Initial Expert Disclosures and Interim Status Report: February 29, 2020 4 e Rebuttal Expert Disclosures: April 2, 2020 5 e Dispositive Motion deadline: May 23, 2020 6 e Joint Proposed Pretrial Order: June 22, 2020 7 IT IS SO STIPULATED. 8 Dated: December 2, 2019 9 KNEPPER & CLARK LLC WOLFE & WYMAN LLP = 10 - ll /s/ Shaina R. Plaksin /s/ Andrew A. Bao Matthew I. Knepper, Esq. Andrew A. Bao, Esq. =. 12 Nevada Bar No. 12796 Nevada Bar No. 10508 as Miles N. Clark, Esq. 6757 Spencer Street 13 Nevada Bar No. 13848 Las Vegas, NV 89119 14 Shaina R. Plaksin, Esq. Email: aabao@ wolfewyman.com Ls Nevada Bar No. 13935 5: 15 5510 So. Fort Apache Rd, Suite 30 Counsel for Defendant =. Las Vegas, NV 89148 Cenlar Federal Savings Bank 16 HAINES & KRIEGER LLC 17 David H. Krieger, Esq. 18 Nevada Bar No. 9086 8985 S. Eastern Avenue, Suite 350 19 Las Vegas, NV 89123 Counsel for Plaintiff 20 21 22 23 24 25 26 27 28 1 QUILLING SELANDER LOWNDS WINSLETT & | CLARK HILL PLLC 2 MOSER, P.C, 3 /s/ Jennifer R. Bergh /s/Jeremy J. Thompson 4 Jennifer R. Bergh, Esq. Jeremy J. Thompson, Esq. Nevada Bar No. 14480 3800 Howard Hughes Parkway, Suite 500 5 6900 N. Dallas Parkway, Suite 800 Las Vegas, NV 89169 Plano, Texas 75024 Counsel for Defendant 6 Email: jbergh@gqslwm.com Equifax Information Services LLC 7 ALVERSON TAYLOR & SANDERS 8 Trevor Waite, Esq. Nevada Bar No. 13779 9 6605 Grand Montecito Parkway, Suite 200 a= 10 Las Vegas, NV 89149 ay Email: twaite @alversontaylor.com 11 Counsel for Defendant =. 12 Trans Union LLC S213 We 14 15 16 18 19 20 21 22 23 24 25 26 27 28 1 ORDER GRANTING STIPULATION TO EXTEND DISCOVERY 2 In consideration of the parties’ stipulation and good cause showing, IT IS ORDERED 3 THAT the October 15, 2019 Scheduling Order shall be amended as follows: 4 e Discovery Cutoff: April 23, 2020 5 e Amending Pleadings/Adding Parties: January 30, 2020 6 e Initial Expert Disclosures and Interim Status Report: February 29, 2020 7 e Rebuttal Expert Disclosures: April 2, 2020 8 e Dispositive Motion deadline: May 23, 2020 9 e Joint Proposed Pretrial Order: June 22, 2020 a= 10 IT IS SO ORDERED. 11 12 . B UNITED STATES MAGISJRATE JUDGE Wie 14 15 Dated: December 3, 2019 16 17 18 19 20 21 22 23 24 25 26 27 28