Richard Zeitlin et al v. Bank of America, N.A., No. 2:2018cv01919 - Document 83 (D. Nev. 2020)
Court Description: ORDER granting 82 Stipulation to Extend Discover Deadlines (Fifth Request) - Discovery due by 2/15/2021. Motions due by 3/22/2021. Proposed Joint Pretrial Order due by 4/19/2021. Signed by Magistrate Judge Daniel J. Albregts on 9/21/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Richard Zeitlin et al v. Bank of America, N.A. Doc. 83 Case 2:18-cv-01919-RFB-DJA Document 82 Filed 09/18/20 Page 1 of 6 1 2 3 4 5 6 7 8 9 Amy F. Sorenson, Esq. Nevada Bar No. 12495 Blakeley E. Griffith, Esq. Nevada Bar No. 12386 Kiah D. Beverly-Graham, Esq. Nevada Bar No. 11916 SNELL & WILMER L.L.P. 3883 Howard Hughes Pkwy, #1100 Las Vegas, Nevada 89169 Telephone: 702-784-5200 Facsimile: 702-784-5252 Email: asorenson@swlaw.com bgriffith@swlaw.com kbeverly@swlaw.com Attorneys for Defendant Bank of America, N.A. UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 11 12 13 14 15 16 17 RICHARD ZEITLIN, ADVANCED TELEPHONY CONSULTANTS, MRZ MANAGEMENT, LLC, DONOR RELATIONS, LLC, TPFE, INC., AMERICAN TECHNOLOGY SERVICES, COMPLIANCE CONSULTANTS, CHROME BUILDERS CONSTRUCTION, INC., UNIFIED DATA SERVICES; STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINES (FIFTH REQUEST) Plaintiffs, 18 19 v. 20 BANK OF AMERICA, N.A. and JOHN AND JANE DOES 1-100, 21 Case No.: 2:18-cv-01919-RFB-DJA Defendants. 22 23 Plaintiffs Richard Zeitlin, Advanced Telephony Consultants, MRZ Management, LLC, 24 Donor Relations, LLC, TPFE, Inc., American Technology Services, Compliance Consultants, 25 Chrome Builders Construction, and Unified Data Services (“Plaintiffs”) and Defendant Bank of 26 America, N.A. (“BANA” and together with Plaintiffs the “Parties” and each a “Party”), through 27 their counsel of record, hereby respectfully request the Court enter an order, pursuant to Local 28 Rules IA 6-1 and II 26-4, extending the discovery and related deadlines set forth in the Court’s 23-3 Dockets.Justia.com Case 2:18-cv-01919-RFB-DJA Document 82 Filed 09/18/20 Page 2 of 6 1 Order entered on May 23, 2019 (ECF No. 35), as amended by so-ordered stipulations of the 2 Parties on September 3, 2019, December 2, 2019, March 3, 2020, and June 16, 2020. (ECF Nos. 3 40, 45, 47, and 60) (collectively the “Scheduling Order”). The Parties propose extending the 4 deadlines for expert disclosures by 45 days and the deadlines for close of discovery and 5 dispositive motions by 90 days, as detailed in the proposed schedule below. 6 The deadlines in the Scheduling Order that the Parties are seeking to extend have not 7 expired. The next deadline in the Scheduling Order is the September 21, 2020 deadline for expert 8 disclosures. The current discovery close deadline is November 16, 2020, and dispositive motions 9 are due December 21, 2020. L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 10 I. Discovery Completed 11 The Parties have completed the following discovery: 12 1. All Parties have completed initial disclosures. 13 2. Plaintiffs have propounded requests for production of documents, requests for 14 15 16 17 18 19 20 21 22 23 24 admission, and interrogatories on BANA. 3. BANA initially responded to Plaintiffs’ written discovery with timely responses and objections and made two productions of documents. 4. BANA propounded requests for production of documents, requests for admission, and interrogatories on the Plaintiffs. 5. The Plaintiffs provided initial responses and objections to BANA’s written discovery. 6. The Parties negotiated—and the Court entered—a stipulated protective order governing the production of additional, confidential and sensitive documents. 7. Following entry of the stipulated protective order, all Parties supplemented their documentary productions with additional documents. 25 8. Plaintiffs filed their Motion to Compel Discovery and For Attorney’s Fees (ECF 26 No. 48) on May 26, 2020 and their Motion to Unseal Court Documents (ECF No. 27 52) on June 4, 2020 (the “Discovery Motions”) The Court denied both Discovery 28 Motions in full by Order dated August 10, 2020 (ECF No. 77), and Plaintiffs filed -2- Case 2:18-cv-01919-RFB-DJA Document 82 Filed 09/18/20 Page 3 of 6 1 an Objection to that Order on August 24, 2020 (ECF No. 78). BANA’s deadline to 2 respond to the Objection is September 22, 2020. 3 II. 4 5 The Parties anticipate that the following discovery will need to be completed prior to any dispositive briefing or trial: 6 1. BANA may need to file a motion to compel, seeking the production of documents L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 7 Snell & Wilmer Discovery to be Completed relevant to Plaintiffs’ damages allegations. 8 2. Expert disclosures and rebuttal experts. 9 3. Depositions of Parties and their experts. Currently, there are eight Plaintiffs. The 10 Parties anticipate conducting approximately 6-8 Party depositions, including 11 30(b)(6) witnesses for Plaintiffs and BANA. 12 4. Depositions of non-party witnesses. 13 The Parties anticipate conducting the depositions of several non-party witnesses. 14 III. Good Cause for Extending Discovery and Dispositive Motion Deadlines 15 This proposed extension is necessary in light of Plaintiffs’ pending Objections to the 16 Magistrate Judge’s order denying Plaintiffs’ motion to compel discovery, which objections are 17 not yet fully briefed, much less adjudicated. Depositions cannot be prepared for or conducted 18 prior to those issues being adjudicated, necessitating extending the deadlines for both the close of 19 discovery and dispositive motions by the requested 90 days. Although the Parties disagree as to 20 the precise bases for extending the expert report deadlines and the length of the extension, the 21 Parties have compromised and stipulated to a 45-day expert reports extension, in order to avoid 22 additional disputed motion practice. 23 The Parties agree that the foregoing constitutes good cause for the extensions requested 24 herein. This is the Parties’ fifth request to extend these deadlines. This request is not made for any 25 deleterious purpose or to cause delay and is made timely and in good faith. 26 /// 27 /// 28 /// -3- Case 2:18-cv-01919-RFB-DJA Document 82 Filed 09/18/20 Page 4 of 6 1 IV. Proposed Schedule 2 Event Existing Deadline Expert Disclosures September 21, 2020 Rebuttal Expert Disclosures October 21, 2020 Close of Discovery November 16, 2020 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dispositive Motions Pretrial Order Proposed Deadline November 5, 2020 December 7, 2020 February 15, 2021 March 22, 2021 December 21, 2020 January 18, 2021 or 30 April 19, 2021 or 30 days days after a decision on after a decision on any dispositive motion. any dispositive motion. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 27 28 -4- Case 2:18-cv-01919-RFB-DJA Document 82 Filed 09/18/20 Page 5 of 6 1 2 3 4 The Parties respectfully request that the Court enter this Stipulation as an order and extend the deadlines in the Scheduling Order as set forth herein. IT IS SO STIPULATED. Dated: September 18, 2020 DATED: September 18, 2020 THE BERNHOFT LAW FIRM, S.C. SNELL & WILMER L.L.P. /s/ Robert G. Bernhoft (with permission) Robert G. Bernhoft, Esq. Admitted Pro Hac Vice Wisconsin Bar No. 1032777 Thomas E. Kimble, Esq. Admitted Pro Hac Vice Illinois Bar No. 6257935 Daniel James Treuden, Esq. Wisconsin Bar No. 1052766 1402 E. Cesar Chavez Street Austin, Texas 78702 /s/ Kiah D. Beverly-Graham Amy F. Sorenson, Esq. Nevada Bar No. 12495 Blakeley E. Griffith, Esq. Nevada Bar No. 12386 Kiah D. Beverly-Graham, Esq. Nevada Bar No. 11916 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 11 12 13 16 Joel F. Hansen, Esq. Nevada Bar No. 1876 Hansen & Hansen, LLC 9030 W. Cheyenne Avenue, #210 Las Vegas, Nevada 89129 17 Attorneys for Plaintiffs 14 15 Attorneys for Defendant Bank of America, N.A. 18 19 20 21 22 IT IS SO ORDERED. 23 24 ____________________________________ UNITED STATES MAGISTRATE JUDGE 25 September 21, 2020 DATED: ____________________________ 26 27 28 -5- Case 2:18-cv-01919-RFB-DJA Document 82 Filed 09/18/20 Page 6 of 6 1 CERTIFICATE OF SERVICE 2 I hereby certify that on this date, I electronically filed the foregoing STIPULATION 3 AND ORDER EXTENDING DISCOVERY DEADLINES (FIFTH REQUEST) with the 4 Clerk of the Court for the U. S. District Court, District of Nevada by using the Court’s CM/ECF 5 system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF 6 system. 7 8 9 DATED: September 18, 2020. /s/Lara J. Taylor An Employee of Snell & Wilmer L.L.P. 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6-
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