Shaheen v. 7-Eleven, Inc. ( 2024 )

1 Douglas R. Brown Nevada Bar No. 7670 2 LEMONS, GRUNDY & EISENBERG 6005 Plumas Street, Third Floor 3 Reno, Nevada 89519 Telephone: (775) 786-6868 4 Email: drb@lge.net 5 Christian C. Burden (Admitted Pro Hac Vice) QUARLES & BRADY LLP 6 101 E. Kennedy Blvd., Ste. 3400 Tampa, Florida 33602 7 Phone: (813) 387-1300 Email: chris.burden@quarles.com 8 Counsel for Defendant 9 7-Eleven, Inc. 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 11 SYED ASGHAR SHAHEEN, 12 7-ELEVEN FRANCHISEE #34682A, Case No. 2:24-cv-00101 DBA SASHA 786 CORPORATION, 13 Plaintiff, STIPULATION TO AMEND 14 SCHEDULING ORDER v. (First Request) 15 7-ELEVEN, INC., 16 Defendant. 17 18 Defendant 7-Eleven, Inc. (“7-Eleven”) and Plaintiffs Syed Shaheen Asghar (“Mr. 19 Asghar”) and Sasha 786 Corporation (“Sasha 786”) stipulate to amend the Discovery Plan and 20 Scheduling Order (Dkt. 17) and say: 21 1. The parties have not previously sought a modification of the deadlines set forth in 22 the Discovery Plan and Scheduling Order. 23 2. The deadline for the parties to complete all fact discovery is October 2, 2024. (See 24 Dkt. 17, at ¶ 4). 25 3. In the preceding months, the parties have diligently pursued discovery. Plaintiffs 26 and 7-Eleven have served written discovery, exchanged document productions, and participated in 27 the below depositions: 28 1 1) Detective Alba Ortiz, Las Vegas Metropolitan Police Department 2 (September 16, 2024) 3 2) Corporate Representative of Plaintiff Sasha 786 Corporation (“Sasha 786”) 4 (September 19, 2024) 5 3) Bharat Chokshi, 7-Eleven Area Leader (September 24, 2024) 6 4) Jeremy Ramey, 7-Eleven Market Leader (September 24, 2024) 7 4. In addition to the above discovery, 7-Eleven issued document subpoenas to non- 8 parties Clark County Department of Business License (“CCBL”) and Las Vegas Metropolitan 9 Police Department (“LVMPD”). 10 5. 7-Eleven also issued a deposition subpoena to Michael Eddington, a detective with 11 LVMPD’s Special Investigations Section. The deposition of Detective Eddington was originally 12 scheduled to occur during the discovery period. However, the Assistant General Counsel of 13 LVMPD, Martina Bauhaus, informed 7-Eleven that Detective Eddington is currently on leave and 14 unavailable for deposition until after November 2, 2024. 15 6. 7-Eleven seeks the testimony of Detective Eddington because he is the 16 representative of LVMPD who conducted a site check at Sasha 786’s franchised 7-Eleven® store 17 and issued twelve Notices of Non-Compliance to Sasha 786 on March 6, 2023. Detective Eddington 18 also testified during the CCBL suspension hearing that resulted in the revocation of Sasha 786’s 19 license to operate. Detective Eddington thus has unique, firsthand knowledge concerning the 20 allegations asserted by Sasha 786 in the First Amended Complaint. (See Dkt. 12, at ¶¶ 44-45, 80, 21 87-88). 22 7. For these reasons, 7-Eleven requests that the Court extend the fact discovery 23 deadline until December 2, 2024 for the limited purpose of conducting the deposition of Detective 24 Michael Eddington. The requested extension allows thirty (30) days for the parties to coordinate 25 and conduct the deposition of Detective Eddington upon his return from leave. 26 8. This narrow extension of the discovery deadline is supported by good cause because 27 7-Eleven exercised diligence in issuing the subpoena, and the witness’s unavailability was outside 28 the parties’ control. See, e.g., Erection Co. v. Archer West. Contractors, LLC, 2013 WL 5954681, 1 at *1 (D. Nev. Nov. 6, 2013) (extending discovery deadline and finding good cause shown where 2 defendant noticed and scheduled deposition in a timely manner prior to discovery deadline but 3 deposition did not occur due to witness’s unavailability related to medical appointment). 4 9. The parties likewise request that the Court adjust the dispositive motion deadline. 5 The current deadline to file dispositive motions is November 1, 2024. (See Dkt. 17, at ¶ 7). The 6 proposed extension of the fact discovery deadline warrants an extension of the dispositive motion 7 deadline because Detective Eddington is unavailable for deposition prior to the current deadline. 8 10. In addition, 7-Eleven’s Motion to Dismiss Plaintiff’s First Amended Complaint 9 remains pending. (See Dkt. 14). In the interests of judicial efficiency and to preserve the Court’s 10 and parties’ resources, the parties request that the Court suspend the dispositive motion deadline 11 until the Court has ruled on the Motion to Dismiss and the pleadings are closed. 12 11. The continued deposition of Detective Michael Eddington and the pending Motion 13 to Dismiss both support an extension of the dispositive motion deadline. See, e.g., Navarrete v. 14 Poly-West, Inc., 2019 WL 13211489, at *2 (D. Nev. Dec. 4, 2019) (extending dispositive motion 15 deadline where adjusted discovery schedule “would leave only five days for the parties to file their 16 motions for summary judgment” and explaining “[t]he Court also recognizes the difficulty in filing 17 motions for summary judgment due to Defendant’s Motion to Dismiss . . . still pending before the 18 Court.”); Bayview Loan Servicing, LLC v. Williams, 2018 WL 834590, at *2 (D. Nev. Feb. 9, 2018) 19 (granting stipulated request to stay dispositive motion deadline pending court’s ruling on motion to 20 dismiss). 21 22 23 [Continued on next page] 24 25 26 27 28 1 12. Accordingly, the parties request that the Court hold a scheduling conference after 2 the Court rules on the Motion to Dismiss to establish a new dispositive motion deadline. 3 4 Dated: October 2, 2024. 5 Respectfully submitted, 6 QUARLES & BRADY LLP LAW OFFICE OF MALIK W. AHMAD 7 /s/ Christian C. Burden /s/ Malik W. Ahmad Christian C. Burden (Admitted Pro Hac Vice) Malik W. Ahmad 8 Quarles & Brady LLP Law Office of Malik W. Ahmad 101 E. Kennedy Blvd., Ste. 3400 8465 West Sahara Ave., Suite 111 9 Tampa, Florida 33602 Las Vegas, Nevada 89117 Telephone: (813) 387-1300 Telephone: (702) 270-9100 10 Email: chris.burden@quarles.com E-mail: malik@lasvegaslawgroup.com 11 Attorneys for Defendant 7-Eleven, Inc. Attorneys for Plaintiffs Syed Asghar Shaheen and Sasha 786 Corporation 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 CERTIFICATE OF SERVICE 2 I hereby certify that on October 2, 2024, I caused a true and correct copy of the foregoing 3 STIPULATION TO AMEND SCHEDULING ORDER to be filed with the Clerk of the Court 4 through the U.S. District Court ECF System, which caused notice of such filing to be sent 5 electronically to the registered attorneys of record. 6 Malik W. Ahmad, Esq. Law Office of Malik W. Ahmad 7 8465 West Sahara Ave., Suite 111 8 Las Vegas, Nevada 89117 Email: malik@lasvegaslawgroup.com 9 10 s/Christian C. Burden Christian C. Burden 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 || SYED ASGHAR SHAHEEN, 7-ELEVEN FRANCHISEE #34682A, 5 || DBA SASHA 786 CORPORATION, 6 Case No. 2:24-cv-00101-RFB-BNW Plaintiff, 4 V. AGREED ORDER AMENDING 8 SCHEDULING ORDER 7-ELEVEN, INC., 9 Defendant. 10 11 This action is before the Court on the parties’ Stipulation to Amend Scheduling Order that 12 || jointly requests entry of this Order. Accordingly, IT IS ORDERED that: 13 1. The fact discovery deadline is extended until December 2, 2024 for the limited 14 || purpose of allowing the parties to coordinate and conduct the deposition of Detective Michael 15 || Eddington. 16 2. The dispositive motion deadline is suspended pending resolution of Defendant 7- 17 || Eleven, Inc.’s Motion to Dismiss (Dkt. 14) and further order of the Court. 18 19 SO ORDERED this 4 day of _ October , 2024. 20 21 ate STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28