Miao v. Caie Foods Partnership, Ltd. ( 2024 )

1 Andrew A. Bao, Esq. Nevada State Bar No. 10508 2 abao@abao.law Andrew Bao & Associates 3 8120 S. Rainbow Blvd, Suite 100-163 Las Vegas, Nevada 89139 4 Tel: (702) 659-7302 5 Attorneys for Plaintiffs Ai Hua Miao and Shenzhen Dazhen Electronics 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 AI HUA MIAO, an individual; SHENZHEN Case No. 3:22-cv-00463-ART-CLB 10 DAZHEN ELECTRONICS CO. LTD., a foreign corporation, 11 Plaintiffs, ORDER GRANTING 12 STIPULATION TO EXTEND v. DISCOVERY 13 CAIE FOODS PARTNERSHIP, LTD, a Nevada [THIRD REQUEST] 14 limited liability company; CAIE FOODS PRODUCTION, LLC, a Nevada limited liability 15 company, and DOES 1 through 10, Inclusive, 16 Defendants. 17 18 19 Pursuant to Fed. R. Civ. P. 26(f) and Local Rules 26-1, 26-3, and LR IA-6-1, Plaintiffs AI 20 HUA MIAO (“Plaintiff Miao”) and SHENZHEN DAZHEN ELECTRONICS CO. LTD. (Plaintiff 21 Dazhen”) (together, the “Plaintiffs”) and CAIE FOODS PARTNERSHIP, LTD., and CAIE FOODS 22 PRODUCTION, LLC (together the “Defendants”) (collectively the “Parties”), by and through their 23 attorneys, hereby stipulate to extend discovery deadlines and other deadlines in the October 27, 2023 24 Order Granting Second Amended Stipulation to Extend Discovery (ECF No. 46). This is the third 25 request to continue the below discovery deadlines. The Parties stipulate as follows: 26 I. Completed Discovery. 27 The following discovery has been completed: 1 disclosures as necessary. 2 - The Parties have exchanged written discovery as follows: 3 o Plaintiffs propounded 14 sets to Defendants. 4  Defendants responded to all 14 sets, including supplemental production 5 and responses on February 8, 2024. 6 o Defendants propounded 16 sets to Plaintiffs. 7  Plaintiffs have responded to 11 sets, with 5 sets pending responses (5 sets 8 served on January 31, 2024). 9 - Third parties responded to the outstanding subpoenas and produced documents / 10 provided a privilege log (pursuant to Stipulated Protective Order (ECF No 44)). 11 - In September 2023, depositions for Defendants’ representatives were taken (Penny 12 George and Mark Ma). 13 - In January 2024, Plaintiff Miao’s and a 30(b)(6) deposition for Plaintiff Dazhen were 14 taken, with deponents located in Hong Kong, China. 15 II. Remaining Discovery 16 - Written discovery responses from Plaintiffs, which are due on March 1, 2024; 17 - An additional Plaintiff Dazhen 30(b)(6) deposition; 18 - Other unanticipated written discovery depending on the deposition testimony. 19 III. Good Cause. 20 Pursuant to LR 26-3, good cause exists to grant this Stipulation. As a threshold, the Parties are 21 requesting extensions to discovery deadlines that have yet to expire as of the filing of this Stipulation. 22 Moreover, the main reason for this Stipulation is that the Parties’ counsel are actively meeting 23 and conferring as to an additional Plaintiff Dazhen 30(b)(6) deposition. Plaintiff Miao, who is also 24 the 30(b)(6) witness for Plaintiff Dazhen, was deposed on January 17 and January 18, 2024. Plaintiff 25 was required to travel from mainland China to Hong Kong for these depositions because existing law 26 holds that a deposition in mainland China may be ineffective in U.S. Courts and/or defense counsel 27 may have liability under existing Chinese law if they attempt to depose a witness in mainland China. 1 6 Waves LLC, 2014 WL 1340574, at *6 (N.D. Cal. Mar. 31, 2014). 2 Thus, arrangements for an additional Plaintiff Dazhen 30(b)(6) deposition will also require a 3 witness to relocate from mainland China to Hong Kong along with various other logistical factors 4 (costs, time difference, need for translators, etc). The Parties believe they can reach a resolution to 5 complete any remaining discovery with an additional 60 days and without the need for court 6 intervention. 7 This Stipulation is made in good faith, is not interposed for delay, and is not filed for an 8 improper purpose. There is no trial date set in this matter. Although this is the Parties’ third 9 request for an extension, the first request in April 2023, only requested an additional 30-day 10 extension. The first request was made between Plaintiffs’ counsel and Defendants’ former counsel. 11 The second request, with Defendants’ current counsel, sought 120 days and extensive discovery 12 was completed during that time. At the outset of this case the Parties discussed the possibility that 13 Plaintiff Miao and Plaintiff Dazhen’s location in China could cause difficulties in setting and taking 14 necessary party depositions. This is now the main reason for this third request for an extension of 15 only 60 days. 16 Therefore, the Parties submit that that this Stipulation is sought ought of necessity to 17 complete discovery. The Parties have further discussed holding a mediation following close of 18 discovery, and thus seek an additional time period between discovery and the dispositive motion 19 cutoff to accommodate a formal settlement proceeding. 20 IV. Current Discovery Deadlines 21 • Discovery Cutoff: March 1, 2024 22 • Dispositive Motion deadline: April 1, 2024 23 • Joint Proposed Pretrial Order: May 3, 2024 (or, if either party has a dispositive motion 24 pending, 30 days after the Court’s ruling on the dispositive motion) 25 V. Proposed Discovery Deadlines 26 • Discovery Cutoff: May 1, 2024 27 • Dispositive Motion deadline: August 1, 2024 1 • Joint Proposed Pretrial Order: September 1, 2024 (or, if either party has a dispositive 2 motion pending, 30 days after the Court’s ruling on the dispositive motion). 3 No prejudice will occur to this Court or the Parties if granted, further, good cause supports 4 this request to extend discovery. 5 IT IS SO STIPULATED. 6 7 DATED February 9, 2024. DATED February 9, 2024 8 ANDREW BAO & ASSOCIATES FLYNN GIUDICI, PLLC 9 By:/s Andrew Bao By:/s/ Shamus Flynn (w/auth) 10 Andrew Bao, Esq. Shamus Flynn, Esq. 8120 S. Rainbow Blvd, Suite 100-163 3960 Howard Hughes Parkway, Suite 500 11 Las Vegas, Nevada 89139 Las Vegas, NV 89169 Attorneys for Plaintiffs Attorneys for Defendants 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER GRANTING STIPULATION TO EXTEND DISCOVERY 2 In consideration of the Parties’ Stipulation and good cause showing, IT IS ORDERED THAT the October 27, 2023 Order Granting Second Stipulation to Extend Discovery (ECF No. 46) shall be amended as follows: 5 ° Discovery Cutoff: May 1, 2024 6 ° Dispositive Motion deadline: Augst 1, 2024 7 ° Joint Proposed Pretrial Order: September 1, 2024 (or, if either party has a dispositive 8 || motion pending, 30 days after the Court’s ruling on the dispositive motion). 9 IT IS SO ORDERED. 10 . 11 UNITED STATES\MAGISTRATE JUDGE 13 Dated: February 12, 2024. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28