Tausinga v. Hankins & Sohn Plastic Surgery Associates ( 2024 )

1 MARK J. BOURASSA, ESQ. (NBN 7999) JENNIFER A. FORNETTI, ESQ. (NBN 7644) 2 VALERIE S. GRAY, ESQ. (NBN 14716) 3 THE BOURASSA LAW GROUP 2350 W. Charleston Blvd., Suite 100 4 Las Vegas, Nevada 89102 Telephone: (702) 851-2180 5 Facsimile: (702) 851-2189 6 Email: mbourassa@blgwins.com jfornetti@blgwins.com 7 vgray@blgwins.com 8 NICHOLAS A. COLELLA (pro hac vice) 9 LYNCH CARPENTER LLP 1133 Penn Avenue, 5th Floor 10 Pittsburgh, Pennsylvania 15222 Telephone: (412) 322-9243 11 Email: nickc@lcllp.com 12 [additional counsel in signature block] 13 Attorneys for Plaintiffs 14 15 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 16 IN RE HANKINS PLASTIC SURGERY Case No.: 2:23-cv-00824-RFB-DJA 17 ASSOCIATES, P. C. dba HANKINS & SOHN 18 PLASTIC SURGERY ASSOCIATES STIPULATION AND ORDER TO MODIFY 19 This Document Relates to: All Actions THE SCHEDULING ORDER DEADLINES 20 FOR PHASE I (PRE-CERTIFICATION) OF DISCOVERY 21 (FIRST REQUEST) 22 23 Defendant Hankins & Sohn Plastic Surgery Associates, P.C. dba Hankins & Sohn Plastic Surgery 24 Associates (“Defendant”) by and through its counsel of record, SCHNITZER JOHNSON & WATSON, 25 CHTD., Plaintiffs Jennifer Tausinga, Alysia Wrenn, Olga Romashova, and Caroline Aurora (collectively 26 “Plaintiffs”) on behalf of themselves and all other similarly situated, by and through co-interim counsel 27 of record, Jennifer A. Fornetti of The Bourassa Law Group and Nicholas A. Colella of Lynch Carpenter 28 LLP and Plaintiffs’ steering committee, Raina Borrelli of Strauss Borrelli PLLC, Ramzy Ladah of Ladah 1 Law Firm, and additional Plaintiffs’ counsel Clark Seegmiller and Jonathan B. Lee of Richard Harris Law 2 Firm, hereby stipulate to continue the discovery deadlines and submit their Stipulation and Order to 3 Modify the Scheduling Order Deadlines for Phase I (Pre-Certification) of Discovery pursuant to Local 4 Rule 26-3, as follows: 5 I. DISCOVERY COMPLETED BY THE PARTIES 6 1. On January 16, 2024, Plaintiffs, Jennifer Tausinga, Alysia Wrenn, and Olga Romashova 7 served their Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1). 8 2. On January 16, 2024, Plaintiffs, Jennifer Tausinga, Alysia Wrenn, and Olga Romashova 9 served their First Set of Interrogatories, First Set of Requests for Production of Documents and Things, 10 and First Request for Admissions to Defendant. Defendant served its responses to this propounded 11 discovery on March 12, 2024. Defendant subsequently served its supplemental responses to Plaintiffs’ 12 First Request for Admissions on November 5, 2024. 13 3. After the Court heard Defendant’s Motion to Stay Discovery or Alternatively, to Bifurcate 14 Discovery on April 9, 2024, Defendant Hankins Plastic Surgery Associates, P.C. served its Initial FRCP 15 26 List of Witnesses and Production of Documents on April 29, 2024. 16 4. On July 12, 2024, Plaintiffs, Jennifer Tausinga, Alysia Wrenn, and Olga Romashova 17 served their Second Set of Interrogatories and Second Set of Requests for Production of Documents and 18 Things to Defendant. Defendant responded to this propounded discovery on August 26, 2024, and 19 supplemented its responses on October 5, 2024. 20 5. On July 29, 2024, Defendant Hankins Plastic Surgery Associates, P.C. served its First 21 Supplemental List of Witnesses and Production of Documents Pursuant to FRCP 26 List of Witnesses and 22 Production of Documents. 23 6. On October 10, 2024, Defendant Hankins Plastic Surgery Associates, P.C. served its 24 Second Supplemental List of Witnesses and Production of Documents Pursuant to FRCP 26 List of 25 Witnesses and Production of Documents. 26 7. On November 5, 2024, Defendant Hankins Plastic Surgery Associates, P.C. served its 27 Third Supplemental List of Witnesses and Production of Documents Pursuant to FRCP 26 List of 28 Witnesses and Production of Documents. 1 II. DISCOVERY THAT REMAINS TO BE COMPLETED 2 Due to the consolidation of Caroline Aurora, et al. v. Hankins Plastic Surgery Associates, P.C dba 3 Hankins & Sohn Plastic Surgery Associates., et al., Case No. 2:23-cv-02112, after the Court entered the 4 Amended Scheduling Order on May 5, 2024 [ECF No. 48], coupled with the fact that Plaintiffs’ Motion 5 for Leave to File Second Amended Consolidated Class Action Complaint and to File a Portion of an 6 Exhibit Under Seal Pursuant to LR IA 10-5(A) [ECF No. 63] is currently pending before the Court, the 7 parties request that discovery be continued to allow all the parties to conduct Phase I discovery focused 8 on information necessary for Plaintiffs’ motion for class certification, including the “commonality, 9 predominance, and typicality as it relates to Plaintiffs and [the] putative class members.” “[W]hile 10 discovery of certification issues during Phase I may overlap with issues related to the merits in Phase II, 11 the parties agreed to limit their discovery in each Phase to the particular aims and subject matter of each 12 respective Phase.” ECF No. 48 at 4-5 (citing Tyus v. Wendy's of Las Vegas, Inc. , No. 13 214CV00729GMNVCF, 2017 WL 3026403, at *5 (D. Nev. July 17, 2017)). To that end, the Parties intend 14 to conduct additional written discovery, request and produce documents, and depositions. 15 As a result of these depositions, written responses, and document production, the parties may 16 decide to retain experts, which will result in the need for the experts to create reports and potentially be 17 deposed. Pursuant to Local Rule 1-1, the parties desire to do so in a cost-efficient manner and with the 18 Court’s goal of limiting and phasing discovery. 19 III. REASONS WHY THE REMAINING DISCOVERY CANNOT BE COMPLETED 20 WITHIN THE TIME LIMIT OF THE EXISTING DEADLINE 21 Due to the consolidation of Caroline Aurora, et al. v. Hankins Plastic Surgery Associates, P.C dba 22 Hankins & Sohn Plastic Surgery Associates., et al., Case No. 2:23-cv-02112 after the Court entered the 23 May 5, 2024 [ECF No. 48], coupled with the fact that Plaintiffs’ Motion for Leave to File Second 24 Amended Consolidated Class Action Complaint and to File a Portion of an Exhibit Under Seal Pursuant 25 to LR IA 10-5(A) [ECF No. 63] is currently pending before the Court, the parties have been unable to 26 conduct discovery within the existing timeline. Specifically, Plaintiffs’ proposed Second Amended 27 Complaint adds another proposed class Plaintiff, Sarah Jefferson. In addition, new counsel will be 28 associated to represent Hankins & Sohn in this case. 1 As a result, the parties intend to conduct discovery in an efficient manner across the five (5) other 2 lawsuits filed against Hankins & Sohn to the fullest extent possible. As the Motion for Leave is pending 3 before the Court, the parties have shown good cause and excusable neglect with this request pursuant to 4 LR 26-3. See Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223 (9th Cir. 2000). 5 IV. PROPOSED SCHEDULE FOR COMPLETION OF PHASE I DISCOVERY 6 Based on the foregoing, the parties hereby stipulate and agree that the following scheduling 7 deadlines be substituted for the deadlines contained in the Amended Scheduling Order: 8 Event Date 9 Interim Fact Discovery Cut-Off Date March 14, 2025 Close of Class Certification Expert April 17, 2025 10 Discovery 11 Phase I (Pre-Certification) Discovery Cut- July 16, 2025 Off Date 12 Amending Pleadings and Adding Parties March 14, 2025 13 Initial Class Certification Expert April 17, 2025 14 Designations Rebuttal Class Certification Expert May 16, 2025 15 Designations 16 Motion for Class Certification July 16, 2025 Motions to Exclude Certification Experts August 18, 2025 17 Deadline to Participate in Mediation August 25, 2025 Joint Proposed Discovery Plan Regarding Within 30 days of the Decision on Motion for Class 18 Post-Certification Phase Certification 19 IT IS SO STIPULATED. 20 DATED this 8th day of November, 2024 DATED this 8th day of November, 2024 21 22 THE BOURASSA LAW GROUP SCHNITZER JOHNSON & WATSON, CTD. 23 By: /s/ Jennifer A. Fornetti_________________ By: /s/ L. Renee Green_________________ 24 MARK J. BOURASSA, ESQ. (NBN 7999) GARY E. SCHNITZER, ESQ.(NBN 395) 25 JENNIFER A. FORNETTI, ESQ. (NBN 7644) L.RENEE GREEN, ESQ. (NBN 12755) VALERIE S. GRAY, ESQ. (NBN 14716) 8985 S. Eastern Ave., Ste. 200 26 2350 W Charleston Blvd, Suite 100 Las Vegas NV 89123 Las Vegas, Nevada 89102 Attorneys for Defendant 27 Attorneys for Plaintiff Tausinga 28 1 LADAH LAW FIRM 2 LYNCH CARPENTER LLP 3 By: /s/ Nicholas A. Coletta By: /s/ Daniel C. Tetreault ___ 1 NICHOLAS A. COLELLA (pro hac vice) RAMZY P. LADAH (NBN 11405) 1133 Penn Avenue, 5" Floor DANIEL C. TETREAULT, ESQ. (NBN 11473: 5 Pittsburgh, PA 15222 517 S. Third Street Attorneys for Plaintiff Tausinga Las Vegas, NV 89101 6 Attorneys for Plaintiff Wrenn 7 STRAUSS & BOURELLI LLP RICHARD HARRIS LAW FIRM 8 . . . By: /s/ Jonathan B. Lee 9 By: /s/ Raina Borrelli TU oe RAINA BORRELLI (pro hac vice) SEEGMILLER, ESQ. (NBN 3873) 10 vay: . NATHAN B. LEE, ESQ. (NBN 13524) 613 Williamson Street, Suite 201 801 South Fourth Street 11 Madison, Wisconsin 53703 Las Vegas, NV 89101 Attorneys for Plaintiff Romashova Attorneys for Plaintiff 12 Caroline Aurora 13 IS SO ORDERED: ) O