Erector Sets Inc v. Bekins Moving Solutions Inc ( 2024 )

1 Andrew H. Pastwick, ESQ. 2 Nevada Bar No. 009146 LAW OFFICE OF ANDREW H. PASTWICK L.L.C. 3 1810 E. Sahara Avenue, Suite 120 4 Las Vegas, Nevada 89104 Tel: (702) 866-9978 5 Fax: (702) 866-9978 6 E-mail: apastwick@pastwicklaw.com 7 Willie Pollins, Esq. 8 Admitted pro hac vice Pollins Law Firm, LLC 9 100 N. 20th Street, Suite 302 10 Philadelphia, Pennsylvania 19103 Tel: (215) 774-9618 11 Fax: (215) 546-9712 12 E-mail: wpollins@gmail.com 13 IN THE UNITED STATES DISTRICT COURT 14 FOR THE DISTRICT OF NEVADA 15 ERECTOR SETS, INC., ) 16 ) Civil Action No.: 2:23-cv-01440- Plaintiff, ) RFB-DJA 17 ) v. ) 18 ) DISCOVERY PLAN AND BEKINS MOVING SOLUTIONS, INC, ) PROPOSED SCHEDULING 19 and BEKINS A-1 MOVERS, INC. dba ) ORDER BEKINS MOVING SOLUTIONS; ) 20 ) Defendants. ) 21 22 SUBMITTED IN COMPLIANCE WITH LR 26-1(b) 23 SPECIAL SCHEDULING REVIEW REQUESTED 24 25 Plaintiff ERECTOR SETS, INC, and Defendants BEKINS MOVING 26 SOLUTIONS, INC and BEKINS A-1 MOVERS, INC. dba BEKINS MOVING 27 SOLUTIONS, by and through their counsel of record, hereby submit their stipulated 28 1 2 16 and 26, as well as LR 16-1 and 26-1. It is hereby requested that the Court enter 3 the following discovery plan and scheduling order: 4 1. Discover Plan: 5 6 Discovery Cut-off 10/19/2024 (9 months from the date that Defendants filed their Notice of Appearance 7 in Nevada, 1/19/2024) 8 Deadline to Amend 7/22/2024 (90 days prior to the close of 9 Pleadings discovery) 10 Deadline to Disclose Initial 8/21/2024 (60 days prior to the close of 11 Expert Disclosures discovery) 12 Deadline to Disclose 9/20/2024 (30 days after the Initial 13 Rebuttal Expert Disclosures Disclosure of Experts) 14 Deadline to File Dispositive 11/19/2024 (30 days after the close of 15 Motions discovery) 16 17 2. Reason for additional time: The case was initially filed in the District 18 Court of Pennsylvania on July 14, 2023. On August 24, 2023, Defendants filed an 19 20 Answer and a Motion to Remand to State Court. On September 12, 2023, the District 21 Court of Pennsylvania judge issued a decision remanding this case to the District 22 Court of Nevada. On September 15, 2023, the case was transferred to the District 23 24 Court of Nevada. On October 4, 2023, the Plaintiff obtained local counsel in 25 Nevada. On October 13, 2023, the Defendants obtained local counsel. On January 26 27 19, 2024, the Defendants filed their Notice of Appearance. 28 1 2 without incurring additional legal fees. However, the parties have not been able to 3 do so. The parties respectfully request a discovery period of nine months beginning 4 from when the Defendants made their appearance, on January 19, 2024. While this 5 6 matter is not especially complex, the Parties want to ensure that they have sufficient 7 time and opportunity to conduct discovery rather than requesting additional time 8 later. 9 10 3. Pre-Trial Order: The parties shall file a joint pretrial order no later 11 than 12/19/2024 or thirty (30) days after the date set for filing dispositive motions, 12 the date for filing the joint pretrial order shall be suspended until thirty (30) days 13 14 after decision on the dispositive motions or further order of the Court. The disclosure 15 required by Federal Rule of Civil Procedure 26(a)(3) and objections thereto shall be 16 made in the pre-trial order. 17 18 4. Initial Disclosures: The parties shall make initial disclosures on or 19 before 5/10/2024. Any party seeking damages shall comply with Federal Rules of 20 Civil Procedure 26(a)(1)(A)(iii). 21 22 5. Extension of Discovery Deadline: Requests to extend the discovery 23 shall comply fully with LR 26-3. Applications to extend any date set by the 24 25 discovery plan, scheduling order, or other order must, in addition to satisfying the 26 requirements of LR IA 6-1, be supported by a showing of good cause for the 27 extension. All motions or stipulations to extend a deadline set forth in a discovery 28 1 2 expiration of the subject deadline. A request made after the expiration of the subject 3 deadline shall not be granted unless the movant demonstrates that the failure to act 4 was the result of excusable neglect. 5 6 The motion or stipulation shall include: 7 a. A statement specifying the discovery completed; 8 b. A specific description of the discovery which remains to be completed; 9 10 c. The reasons why such remaining discovery was not satisfied or the 11 remaining discovery was not completed within the time limits set by the 12 discovery plan; and, 13 14 d. A proposed schedule for the completion of all remaining discovery. 15 6. Electronically Stored Information (“ESI”): 16 The Parties stipulate and agree that all discoverable documents will be 17 18 produced on CD-ROM or USB flash drive in Portable Document Format (“PDF”) 19 with optical text recognition (electronically searchable text) as reasonably 20 practicable. The Parties further agreed that the “parent-child relationships” between 21 22 documents will be reserved when documents are produced (e.g., e-mails and their 23 attachments will be produced together with consecutive bates numbers) as 24 25 reasonably practicable). 26 While the Parties agree at this time that it is not necessary to produce the 27 metadata for electronic documents, the Parties reserve their respective rights to 28 1 2 determines the format in which the Parties produce documents; it does not affect any 3 other right of any Party. Where the size of the document production is not 4 prohibitive, the Parties may also produce the documents via electronic mail. 5 6 7. LR 26-1 CERTIFICATIONS: The parties certify that they considered 7 consenting to trial by a magistrate judge and use of the Short Trial Program. The 8 parties further certify that they met and conferred about the possibility of using 9 10 alternative dispute resolution processes, including mediation, arbitration, and early 11 neutral evaluation. 12 8. Electronic Service and Electronic Evidence (LR 26-1(b)(9)). The 13 14 Parties agree to accept electronic service of discovery requests and responses 15 pursuant to Federal Rule of Civil Procedure 5(b)(2)(E). The parties discussed 16 whether they intend to present evidence in electronic format to jurors for the purpose 17 18 of jury deliberations and agreed that should discovery be provided in an electronic 19 format at trial; it will be compatible with the court’s electronic jury evidence display 20 system pursuant to LR 26-1(b)(9). 21 22 9. Protective Orders 23 Any party may seek to enter into a stipulated protective order pursuant to 24 25 Federal Rule of Civil Procedure 26(c) prior to producing any confidential documents 26 in its possession. Such party shall circulate a proposed protective order with its 27 responses to the applicable discovery requests and, to the extent such party is 28 1 2 to an entered protective order within two weeks from the date the court enters the 3 protective order. 4 10. Response to Discovery served prior to the Rule 26(f) conference 5 6 Unless agreed otherwise by the Parties, responses to discovery served prior to 7 the Federal Rule of Civil Procedure 26(f) conference shall be due 33 days after the 8 conference. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Dated May 15, 2024 2 3 /S/ Andrew H. Pastwick, Esq. /S/ Willie Pollins, Esq. 4 Andrew H. Pastwick, Esq. Willie Pollins, Esq. 5 Law Office of Andrew H. Pastwick, | Pollins Law Firm, LLC LLC 100 N. 20" Street, Ste 302 6 1810 E. Sahara Avenue, Suite 120 Philadelphia, PA 19103 7 Las Vegas, NV 89104 (215) 774-9618 (702) 866-9978 wpollins @ gmail.com 8 apastwick @ pastwicklaw.com 9 Attorney for Plaintiff Attorney for Plaintiff Erector Sets, Inc. 10 Erector Sets, Inc. 1 /S/Daniel McCain, Esq. Robert E. Schumacher, Esq. 12 Daniel McCain, Esq. 13 Gordon Rees Scully Mansukhani, LLP 300 South 4 Street, Suite 1550 14 Las Vegas, NV 89101 15 (702) 577-9300 rschumacher@grsm.com 16 dmccain@grsm.com 17 Attorneys for Defendants 18 Bekins Moving Solutions, Inc. and 19 Bekins A-1 Movers 20 21 22 IT IS SQ.ORDERED: 23 ~ 24 DANIEL J. ALBREGIS 25 UNITED STATES MAGISTRATE JUDGE 26 DATED: 5/16/2024 27 28 Page 7 of 7