Egbert v. Cenlar Federal Savings Bank et al, No. 2:2019cv01324 - Document 27 (D. Nev. 2019)
Court Description: ORDER Granting 26 First Stipulation to Extend Discovery. Discovery due by 4/23/2020. Motions due by 5/23/2020. Proposed Joint Pretrial Order due by 6/22/2020. Signed by Magistrate Judge Elayna J. Youchah on 12/3/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Egbert v. Cenlar Federal Savings Bank et al 1 2 3 4 Doc. 27 ANDREW A. BAO, ESQ. Nevada State Bar No. 10508 WOLFE & WYMAN LLP 6757 Spencer Street Las Vegas, NV 89119 Telephone: (702) 476-0100 Facsimile: (702) 476-0101 aabao@wolfewyman.com 5 6 Attorneys for Defendant CENLAR FEDERAL SAVINGS BANK UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 KENT EGBERT, 11 Plaintiff, 12 13 14 Case No. 2:19-cv-01324-JAD-EJY [PROPOSED] STIPULATION AND ORDER TO EXTEND DISCOVERY v. EQUIFAX INFORMATION SERVICES, LLC; TRANSUNION, LLC, CENLAR FEDERAL SAVINGS BANK, 15 [FIRST REQUEST] Defendants. 16 17 18 Pursuant to Fed. R. Civ. P. 26(f), and Local Rule 26-1, Plaintiff Kent Egbert (“Plaintiff”) 19 and Cenlar Federal Savings Bank (“Cenlar”) (collectively the “Parties”), by and through their 20 attorneys, hereby stipulate to extend discovery deadlines and other deadlines in the October 15, 21 2019 Scheduling Order as follows: 22 1. Completed Discovery. 23 Cenlar has responded to discovery requests and produced documents. Cenlar’s 30(b)(6) 24 deposition occurred on October 16, 2019 and has been left open due to pending discovery matters 25 being discussed between the parties. Plaintiff noticed Cenlar’s subsequent 30(b)(6) deposition for 26 December 19, 2019. 27 2. Remaining Discovery. 28 Completion of Cenlar’s 30(b)(6) deposition, outstanding document production from 1 3513829.1 Dockets.Justia.com 1 Cenlar, possible expert discovery, plaintiff deposition, and request for production from Plaintiff. 2 3. 3 The parties have been diligently litigating this case and are requesting this extension because 4 another Cenlar 30(b)(6) deposition has been noticed for December 19, 2019. The Parties dispute the 5 qualifications of the original Cenlar 30(b)(6) witness produced on October 16, 2019 and the payment 6 of fees and costs relating to said deposition and continue to work through those particular issues. 7 Furthermore, there are several document production issues that remain outstanding and will be 8 subject to a motion to compel if cannot be agreed upon prior to the December 19, 2019 Cenlar 9 30(b)(6) deposition that is currently set. Good Cause. However, the parties are seeking to resolve these 10 outstanding issues between themselves to avoid burdening the Court, which is a significant reason 11 for the additional time needed. Further, the parties wish to ensure the upcoming deposition is 12 conducted with the benefit of a fully developed written record. Doing so will help minimize the 13 expense of litigation by avoiding the necessity of conducting follow-up depositions. In the event the 14 deposition reveals facts which necessitate amendment of the operative pleadings, the parties desire 15 to do so prior to the leave-to-amend deadline. Due to scheduling, this deposition cannot be completed 16 prior to the present leave-to-amend deadline. In the meantime, the parties remain open to settlement 17 in this matter, but have now reset a date for Cenlar’s 30(b)(6) deposition to avoid any unnecessary 18 delay. 19 Currently, the discovery cutoff is March 9, 2020. The parties stipulated that Cenlar’s 30(b)(6) 20 deposition (that occurred on October 16, 2019 and any other depositions thereto) will also be used 21 in a related case, Egbert v. Equifax Information Solutions, LLC, 2:19-cv-00483-JAD-VCF. In that 22 action, the discovery cutoff is also currently March 9, 2020 (See 2:19-cv-00483-JAD-VCF, ECF 23 No. 56), with the remaining parties similarly requesting an equivalent extension. The parties believe 24 similar discovery will be conducted in both actions. 25 Thus, the parties were diligently moving forward with all pending issues in this matter and 26 are only seeking another extension once they reasonably knew that they were unlikely to conduct 27 initial discovery prior to the current deadline to amend pleadings. See Eckert Cold Storage, Inc. v. 28 Behl, 943 F. Supp. 1230, 1233 (E.D. Cal. 1996). Furthermore, Cenlar’s counsel unexpectedly had 2 3513829.1 1 to attend a family funeral recently, causing him to be generally unavailable between November 12, 2 2019-November 22, 2019. Counsel continue to work together in good faith to resolve any pending 3 discovery issues to avoid motion practice to the extent possible and to possibly settle this action. 4 Therefore, this stipulation is made in good faith, is not interposed for delay, and is not filed for an 5 improper purpose. 6 4. 7 8 9 10 11 12 Current Discovery Deadlines Discovery Cutoff: March 9, 2020 Amending Pleadings/Adding Parties: December 10, 2019 Initial Expert Disclosures and Interim Status Report: January 9, 2020 Rebuttal Expert Disclosures: February 19, 2020 Dispositive Motion deadline: April 8, 2020 Joint Proposed Pretrial Order: None 13 5. 14 WHEREAS, no prejudice will occur to this Court or the Parties if granted, good cause 15 supports this request to extend discovery; 16 17 Proposed Discovery Deadlines. NOW, THEREFORE, in consideration of the foregoing, and for good cause, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties as follows: 18 The October 15, 2019 Scheduling Order shall be amended as follows: 19 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 3 3513829.1 1 2 3 4 5 6 7 Amending Pleadings/Adding Parties: January 30, 2020 Initial Expert Disclosures and Interim Status Report: February 29, 2020 Rebuttal Expert Disclosures: April 2, 2020 Dispositive Motion deadline: May 23, 2020 Joint Proposed Pretrial Order: June 22, 2020 IT IS SO STIPULATED. 8 9 Discovery Cutoff: April 23, 2020 Dated: December 2, 2019 KNEPPER & CLARK LLC WOLFE & WYMAN LLP /s/ Shaina R. Plaksin Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 Shaina R. Plaksin, Esq. Nevada Bar No. 13935 5510 So. Fort Apache Rd, Suite 30 Las Vegas, NV 89148 /s/ Andrew A. Bao Andrew A. Bao, Esq. Nevada Bar No. 10508 6757 Spencer Street Las Vegas, NV 89119 Email: aabao@wolfewyman.com 10 11 12 13 14 15 Counsel for Defendant Cenlar Federal Savings Bank 16 17 18 19 HAINES & KRIEGER LLC David H. Krieger, Esq. Nevada Bar No. 9086 8985 S. Eastern Avenue, Suite 350 Las Vegas, NV 89123 Counsel for Plaintiff 20 21 22 23 24 25 26 27 28 4 3513829.1 1 2 3 4 5 6 7 8 9 10 11 12 QUILLING SELANDER LOWNDS WINSLETT & MOSER, P.C. CLARK HILL PLLC /s/ Jennifer R. Bergh Jennifer R. Bergh, Esq. Nevada Bar No. 14480 6900 N. Dallas Parkway, Suite 800 Plano, Texas 75024 Email: jbergh@qslwm.com /s/Jeremy J. Thompson Jeremy J. Thompson, Esq. 3800 Howard Hughes Parkway, Suite 500 Las Vegas, NV 89169 Counsel for Defendant Equifax Information Services LLC ALVERSON TAYLOR & SANDERS Trevor Waite, Esq. Nevada Bar No. 13779 6605 Grand Montecito Parkway, Suite 200 Las Vegas, NV 89149 Email: twaite@alversontaylor.com Counsel for Defendant Trans Union LLC 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 3513829.1 1 2 3 ORDER GRANTING STIPULATION TO EXTEND DISCOVERY In consideration of the parties’ stipulation and good cause showing, IT IS ORDERED THAT the October 15, 2019 Scheduling Order shall be amended as follows: 4 5 6 7 8 9 10 Discovery Cutoff: April 23, 2020 Amending Pleadings/Adding Parties: January 30, 2020 Initial Expert Disclosures and Interim Status Report: February 29, 2020 Rebuttal Expert Disclosures: April 2, 2020 Dispositive Motion deadline: May 23, 2020 Joint Proposed Pretrial Order: June 22, 2020 IT IS SO ORDERED. 11 12 ________________________________________ UNITED STATES MAGISTRATE JUDGE 13 14 Dated: December 3, 2019 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 3513829.1
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