Brown v. Advance Stores Company, Incorporated ( 2024 )

JASON KULLER || Of Counsel Nevada Bar No. 12244 2|| RAFII & ASSOCIATES, P.C. 1120 N. Town Center Dr., Suite 130 3|| Las Vegas, Nevada 89144 Telephone: 725.245.6056 Facsimile: 725.220.1802 Email: jason @rafiilaw.com Attorneys for Plaintiff 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA GREGORY BROWN, Case No.: 2:23-cv-01653-GMN-BNW Plaintiff, 10 v. STIPULATION AND ORDER TO □□□□□□ ADVANCE STORES COMPANY, INC. d/b/a | DISCOVERY (FIRST REQUEST) ADVANCE AUTO PARTS; and DOES 1 2: 12|| through 50, inclusive, 5 é 13 Defendants. 4 15 Plaintiff GREGORY BROWN (‘Plaintiff’), and Defendant ADVANCE STORE 16 COMPANY (“Defendant”), by and through their undersigned counsel of record, hereby stipulate at 7 agree to extend the discovery deadlines for sixty (60) days. See ECF No. 16. This is the Parties fit 1g | Teauest for an extension. 19 A. Discovery Completed to Date. To date, the parties have exchanged initial disclosures of documents and witnesses pursua to FRCP 26(a)(1). B. Discovery Which Still Needs to Occur. 74 The parties are each preparing to serve interrogatories, requests for production, and reques for admission. Plaintiff intends to take the deposition of several of Defendant’s employees. Defenda intends to depose Plaintiff and may depose other witnesses depending on the course of discovery. TI 06 parties are also working to determine whether they will utilize experts in this case. 27 28 ] 1 C. Reasons Why Discovery Hasn’t Been Completed Within Current Schedule. 2 The parties paused principal discovery efforts in order to preserve their respective resourc 3 || for participation in the Early Neutral Evaluation session which took place on January 3, 2024. No 4|| that the ENE has been completed and it is necessary to undertake discovery, the parties are worki 5|| to complete their respective discovery. Indeed, following the ENE, counsel for the parties □□□□□□□□ 6|| a discovery schedule which would include completing written discovery prior to depositions beir taken in March 2023. 8 Under Rule 16(b)(4), a scheduling order “may be modified only for good cause and with tl 9|| judge’s consent.” “The primary measure of Rule 16’s ‘good cause’ standard is the moving party - diligence in attempting to meet the case management order’s requirements.” Edizone, LC □□ Clot || Nine, LLC, 505 F.Supp.2d 1226, 1231 (D. Utah 2007). See also Johnson v. Mammoth Recreation Inc., 975 F.2d 604, 609 (9th Cir. 1992) (“Rule 16(b)’s ‘good cause’ standard primarily considers tl é diligence of the party seeking the amendment.”). 14 In light of the foregoing, the parties believe good cause exists to extend the deadlines. The a 15 || are working in good faith to complete discovery and move this case forward in a reasonable time. 16 D. Proposed Schedule for Completing Remaining Discovery. 17 The parties propose the following schedule for completing remaining discovery. 18 *If no dispositive motions are filed, the Joint Pretrial Order shall be filed thirty (30) days after tl 25 || date set for the filing of the dispositive motions, which is August 28, 2024. In the event dispositi 26 || motions are filed, the date for filing the Joint Pretrial Order shall be suspended until thirty (30) da after the decision on the dipositive motions or by further order of the Court. 28 1 This stipulation and order is sought in good faith and not for the purpose of delay. Dated this 8th day of February, 2024. Dated this 8th day of February, 2024. JACKSON LEWIS P.C. RAFU & ASSOCIATES, P.C. 5 /s/ Joshua A. Sliker (with Joshua A. Sliker’s /s/ Jason L. Kuller permission) 6 Jason L. Kuller, Esq. Joshua A. Sliker, Esq. Nevada Bar No. 12244 7 Nevada Bar No. 12493 1120 N. Town Center Dr., Ste. 130 Thomas W. Maroney, Esq. Las Vegas, Nevada 89144 8]| Nevada Bar No. 13913 9 300 S. Fourth Street, Suite 900 Attorneys for Plaintiff Las Vegas, Nevada 89101 10 Attorneys for Defendant 11 12 ORDER 13 IT IS SO ORDERED: 14 15 N. BRENDAN. WEKSLER © - 16 UNITED STATES MAGISTRATE JUDGE 17 : DATED: _ 2/16/2024 18 19 20 21 22 23 24 25 26 27 28