Najmabadi v. Thelios USA Inc. ( 2024 )

1 SMAEOL ISSA INGLEBY, ESQ. Nevada State Bar No. 12935 2 ASHLEY L. ZURKAN, ESQ. Nevada State Bar No. 16473 3 BREMER WHYTE BROWN & O’MEARA, LLP 1160 N. TOWN CENTER DRIVE 4 SUITE 250 LAS VEGAS, NV 89144 5 TELEPHONE: (702) 258-6665 FACSIMILE: (702) 258-6662 6 mingleby@bremerwhyte.com azurkan@bremerwhyte.com 7 Attorneys for Defendant, 8 SPARKS MARKETING, LLC 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 PIRAYEH M. NAJMABADI, an ) Case No. 2:24-cv-00217-GMN-DJA 13 individual, ) ) 14 Plaintiff, ) AMENDED STIPULATION AND ) ORDER TO EXTEND 15 vs. ) DISCOVERY DEADLINES ) (SECOND REQUEST) 16 THELIOS USA INC., a Foreign ) Corporation; LVMH MOET HENNESSY ) 17 LOUIS VUITTON INC., a Forseign ) Corporation; SPARKS MARKETING, ) 18 LLC, a Foreign Limited-Liability ) Company; DOES I through X; and ROE ) 19 CORPORATIONS XI through XX, ) inclusive, ) 20 ) Defendants. ) 21 ) 22 IT IS HEREBY STIPULATED AND AGREED TO by and between Plaintiff 23 PIRAYEH M. NAJMABADI (“Plaintiff”), by and through her attorney of record, 24 Brian E. Lunt, Esq. of the law firm Edward M. Bernstein & Associates, and Defendants 25 THELIOS USA INC., and LVMH MOET HENNESSY LOUIS VUITTION INC. 26 (“LVMH”), by and through their attorney of record, Robert Schumacher. of the law 27 firm Gordon Rees LLP, Defendant SPARKS MARKETING, LLC (“SPARKS”), by 1 and through its attorneys of record, Melissa Ingleby, Esq., and Ashley L. Zurkan, Esq., 2 of the law firm Bremer Whyte Brown & O’Meara LLP, Defendant SRS 3 FABRICATION INC. (“SRS”), by and through its attorney Kevin S. Smith, Esq., of 4 the law firm Hall Jaffe, and Defendant CSI WORLDWIDE (“CSI”), by and through 5 its attorney Megan K. Dorsey of the law firm Koeller Nebeker Carlson Haluck LLP, 6 and for good cause that the discovery deadlines in the above-entitled matter be 7 extended by ninety-seven (97) days to allow for necessary discovery. I. 8 DISCOVERY COMPLETED TO DATE 9 Listed below is a statement specifying the discovery completed in this case: 10 1. Plaintiff’s Initial List of Witnesses and Production of Documents made pursuant 11 12 to FRCP 26(a)(1). 13 2. Defendants’ LVMH Initial List of Witnesses and Production of Documents made 14 pursuant to FRCP 26(a)(1). 15 16 3. Defendant SPARKS Initial List of Witnesses and Production of Documents 17 made pursuant to FRCP 26(a)(1). 18 4. Defendant SRS Initial List of Witnesses and Production of Documents made 19 20 pursuant to FRCP 26(a)(1). 21 4. Defendant SPARKS First Set of Interrogatories, Requests for Admission, and 22 Requests for Production to Plaintiff made pursuant to FRCP 33, 34, and 36. 23 24 5. Defendant SPARKS First Set of Interrogatories, Requests for Admission, and 25 Requests for Production to CSI Worldwide made pursuant to FRCP 33, 34, and 36. 26 CSI Worldwide has not yet responded. 27 1 Requests for Production to SRS Fabrication, Inc., made pursuant to FRCP 33, 34, and 2 36. SRS Fabrication, Inc. responded on September 26, 2024. 3 7. Defendant SPARKS MARKETING Subpoena Duces Tecum to Emerging 4 Vision, Inc., made pursuant to FRCP 45(d). Emerging Vision has not yet responded. 5 6 8. Defendant SPARKS Subpoena Duces Tecum to Hartford Insurance, made 7 pursuant to FRCP 45(d). Hartford Insurance has not yet responded. 8 9 II. DISCOVERY REMAINING TO BE COMPLETED 10 11 The Parties plan to complete the following discovery: 12 1. Written discovery of all parties regarding new claims made in Plaintiff’s 13 Amended Complaint and in Cross-claims by SRS FABRICATION, INC. and 14 15 CSI WORLDWIDE; 16 2. Subpoena new medical records for recent treatment of Plaintiff; 17 3. Depositions of various witnesses including, but not limited to: 18 19 a. The parties; 20 b. The parties’ retained initial and rebuttal experts; and 21 c. Other percipient witnesses as needed; 22 23 4. Initial Expert Disclosures; 24 5. Rebuttal Expert Disclosures; and 25 6. Other discovery as needed. 26 27 /// 1 III. REASONS DISCOVERY HAS NOT BEEN COMPLETED 2 Good cause exists to grant the Parties’ request for an extension to discovery 3 deadlines. This is the second request for an extension. Despite the parties’ diligence 4 and good faith attempts to pursue discovery in preparation for their respective case, 5 majority of discovery remains to be completed. 6 Under LR 26-3, if a stipulation is submitted after the expiration of the applicable 7 discovery deadlines being extended, the parties must demonstrate good cause and 8 excusable neglect. Here, the stipulation is not being submitted before the expiration of 9 the initial expert deadline due to various issues that have caused the parties to 10 experience delay in the deadline for expert disclosures. 11 The parties recently agreed to stipulate to allow Plaintiff to amend her 12 Complaint to add a claim for strict product liability and name SRS Fabrication, Inc. 13 and CSI Worldwide as Defendants. A Stipulation and Order in that regard was granted 14 on August 30, 2024. The parties are now answering cross-claims and addressing new 15 claims and specific factual allegations raised in the Amended Complaint and Answers 16 and Cross-Claims thereto. Among these allegations are factual assertions regarding 17 transportation issues and repair that first appeared in SRS and CSI’s Cross-Claims. 18 Such claims require additional expert testimony and have made the current expert 19 deadlines impossible due to expert schedules and the need for additional discovery. 20 As such, the deadlines cannot be reasonably met despite the diligence of the Parties 21 who seek the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 22 609 (9th Cir. 1992). 23 The parties have also been conferring and cooperating on the need for additional 24 time to complete expert testimony before the Initial Expert deadline. On September 25 20, 2024, the parties met and conferred pursuant to Rule 26(f) to address the new 26 claims and recent amendments. [See Notice, attached as Exhibit A]. At this conference, 27 the parties agreed to the deadlines in this Stipulation and Order. In reliance on this 1 agreement, the parties continued discovery and engaged experts to address the 2 Plaintiff’s Amended Complaint, which now included a claim for strict liability. The 3 undersigned mistakenly believed that a new Scheduling Order would circulate and 4 address the deadlines, making this Stipulation moot. Upon realizing her error, the 5 undersigned again conferred on these deadlines, confirmed that all parties had been 6 relying on them, and submitted the Stipulation to the court on October 11, 2024. [ECF 7 52]. 8 It is believed the Court’s granting of this Stipulation would further the interests 9 of justice and advance the merits of this case. Accordingly, this request for an 10 extension of time is not sought for any improper purpose or other purpose of delay. 11 Rather, it is sought by the parties solely for the purpose of allowing sufficient time to 12 conduct discovery, including expert analysis and evaluation as noted above. 13 Accordingly, the Parties are requesting a 97-day extension to all remaining discovery 14 deadlines to allow all parties to fully participate in discovery, allow experts to address 15 strict liability claims, and to avoid holiday interruptions. 16 IV. 17 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 18 19 The Parties hereto, and for good cause described in this stipulation, and in 20 accord with Local Rule 6-1 and Local Rule 26-3, request this Honorable Court to adopt 21 and approve this stipulated extension to the discovery plan, and continue the discovery 22 deadlines as requested below: 23 CURRENT PROPOSED 24 DISCOVERY EVENT DEADLINES DEADLINES 25 Initial Expert Disclosures September 27, 2024 January 2, 2025 26 Rebuttal Expert Disclosures October 28, 2024 February 3, 2025 Close of Discovery November 28, 2024 March 5, 2025 27 Dispositive Motions December 26, 2024 April 2, 2025 Joint Pre-Trial Order January 27, 2025 1 The parties hereby stipulate the proposed changes in the discovery deadlines. 2 Dated: October 16, 2024 Dated: October 16, 2024 3 BREMER WHYTE BROWN & KOELLER NEBEKER CARLSON & 4 O’MEARA LLP HALUCK, LLP 5 /s/ Ashley L. Zurkan________________ /s/ Megan K. Dorsey 6 Melissa Ingleby, Esq. Nevada Bar No. 12935 Megan K. Dorsey, Esq. 7 Ashley L. Zurkan, Esq. Nevada State Bar No. 6959 Nevada State Bar No. 16473 300 S. 4th Street, Suite 500 8 1160 North Town Center Drive Las Vegas , Nv 89101 Suite 250 9 Las Vegas, Nevada 89144 Attorney for Defendant, 10 Attorneys for Defendant CSI WORLDWIDE SPARKS MARKETING, LLC 11 12 Dated: October 11, 2024 Dated: October 16, 2024 13 GORDON REES SCULLY HALL JAFFE, LLP 14 MANSUKHANI LLP /s/ Kevin S. Smith 15 /s/ Dionne Wren . Steven T. Jaffe, Esq. 16 Robert Schumacher, Esq. Nevada Bar No 7035 Nevada State Bar No. 7504 Kevin S Smith, Esq. 17 Dionne C. Wren, Esq. Nevada Bar No. 7184 18 Nevada State Bar No. 13285 7425 Peak Drive 300 South Fourth Street, Suite 1550 Las Vegas, Nevada 89128 19 Las Vegas, NV 89101 Attorney for Third-Party Defendant, 20 Attorney For Defendants SRS FABRICATION, INC. THELIOS USA INC. & LVMH MOET 21 HENNESSY LOUIS VUITTON INC. 22 Dated: October 16, 2024 23 24 EDWARD M. BERNSTEIN & ASSOCIATES 25 /s/ Brian E. Lunt___________ 26 Brian E. Lunt, Esq. Nevada State Bar No. 11189 27 500 South Fourth Street Las Vegas, Nevada 89101 1 ORDER 2 Based upon the stipulation of the parties hereto, and for good cause appearing: 3 IT IS HEREBY ORDERED that the discovery deadlines are extended as follows: 4 5 . 6 Expert Designations: January 2, 2025 7 Rebuttal Expert Designations: February 3, 2025 8 Discovery Cutoff Date: March 5, 2025 9 April 2.2025 10 Joint Pre-Trial Order: May 5, 2025 11 12 IP 13 DANIEL J. ALBREGTS 14 UNITED STATES MAGISTRATE JUDGE DATED: 10/18/2024 15 | Respectfully submitted, 16 |BREMER WHYTE BROWN & O’MEARA LLP 17 18 By: /s/ Ashley L. Zurkan Melissa Ingleby, Esq. 19 Nevada State Bar No. 12935 0 Ashley L. Zurkan, Esq. Nevada State Bar No. 16473 21 Attorneys For Defendant 22 Sparks Marketing, LLC 23 24 25 26 27 28