Christensen v. Alorica, Inc. et al, No. 2:2020cv00015 - Document 35 (D. Nev. 2020)
Court Description: ORDER Denying 32 Discovery Plan and Scheduling Order. IT IS FURTHER ORDERED that the parties must file a new, proposed discovery plan and scheduling order by 5/22/2020 that complies with LR 26-1. Signed by Magistrate Judge Brenda Weksler on 5/14/2020. (Copies have been distributed pursuant to the NEF - MR)
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Christensen v. Alorica, Inc. et al Doc. 35 Case 2:20-cv-00015-KJD-BNW Document 35 34 Filed 05/14/20 Page 1 of 6 1 2 3 4 5 Steven Alpert (NV Bar #: 8353) PRICE LAW GROUP, APC 5940 S. Rainbow Blvd, Suite 3014 Las Vegas, NV 89118 T:(702)794−2008 E: alpert@pricelawgroup.com Attorneys for Plaintiff, CARISSA CHRISTENSEN 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 Case No. 2:20-cv-00015-KJD-BNW CARISSA CHRISTENSEN, Plaintiff, 10 JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER SPECIAL SCHEDULING REVIEW REQUESTED 11 v. 12 ALORICA, INC., et al., 13 Defendants. 14 15 16 Pursuant to Local Rule 26-1(b), Plaintiff Carissa Christensen (“Plaintiff”), and 17 18 Defendants Alorica, Inc. (“Alorica”), and Convergent Outsourcing, Inc. (“Convergent”) 19 (herein collectively the “Parties”), by and through undersigned counsel, hereby submit 20 their Joint Proposed Discovery Plan and Scheduling Order for this Court’s review and 21 approval. 22 23 24 25 26 1. Special Scheduling Review The Parties request this Court consider a special scheduling request. Defendant Alorica filed its Motion to Dismiss [Dkt. No. 8] to Plaintiff’s First Amended Complaint on February 18, 2020. The Motion to Dismiss triggered the deadlines pursuant to Nevada 27 28 LR 26-1(a), which set the Parties 26(f) meeting deadline at March 19, 2020. Defendants 1 JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER Dockets.Justia.com Case 2:20-cv-00015-KJD-BNW Document 35 34 Filed 05/14/20 Page 2 of 6 1 2 iEnergizer and Convergent made their first appearances in this matter following the deadline to hold the 26(f) meeting. The Parties could not have engaged in the 26(f) 3 4 meeting before April 13, 2020, therefore, the set deadlines pursuant to LR 26-1(b) are not 5 feasible. Furthermore, the COVID-19 pandemic restricts travel and many of the corporate 6 defendants are operating below 50% capacity. 7 Therefore, the Parties request proposed deadlines set forth in Paragraph 4 of this 8 9 Joint discovery plan. 10 2. A listing of contemplated motions and statement of the issues to be decided by these motions. 11 12 13 14 15 Plaintiff: Plaintiff anticipates filing a Motion for Summary Judgment against Defendants as to liability, and if necessary any discovery motions and motions in limine. Defendant Alorica: 16 17 As mentioned above, Alorica has filed a Motion to Dismiss the claims brought by 18 Plaintiff. The Motion is currently pending before the Court. As further detailed in the 19 Motion, the First Amended Complaint (“FAC”) does not contain a single specific factual 20 allegation about conduct allegedly engaged in by Alorica. Instead, the broad allegations 21 22 made in the FAC improperly lumps all the defendants, although unrelated, together and 23 therefore, fails to provide Alorica with fair notice of the exact factual allegations asserted 24 against it in violation of Rule 8 of the Federal Rules of Civil Procedure. Depending on the 25 outcome of Alorica’s pending Motion to Dismiss, Alorica reserves the right to bring other 26 27 motions, including a motion for summary judgment. 28 -2- JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER Case 2:20-cv-00015-KJD-BNW Document 35 34 Filed 05/14/20 Page 3 of 6 1 Defendant Convergent: 2 Convergent anticipates filing a Motion for Summary Judgment regarding liability, 3 4 and/or discovery motions, depending on information received in discovery. Convergent is 5 currently assessing whether a motion to transfer venue is appropriate. 6 3. 7 The Parties have not exchanged initial disclosures. The Parties have agreed to 8 9 10 Whether the Parties have exchanged initial disclosure statements under Rule 26(a) exchange initial disclosures on or before May 27, 2020. 4. Proposed Schedule: 11 (1) Non-expert Discovery cut off: February 26, 2021 13 (2) Amending the Pleadings and Adding Parties: September 18, 2020 14 (3) Expert Disclosure deadline: February 26, 2021 12 15 Rebuttal deadline: April 2, 2021 16 Expert Discovery deadline: May 21, 2021 17 18 (4) Dispositive Motions deadline: June 25, 2021 19 (5) Pretrial Order deadline: September 30, 2021 (6) Pretrial disclosures: September 30, 2021 (7) Alternative Dispute Resolution (ADR): 20 21 22 23 24 25 The parties prefer to formally request the assistance of the Court in scheduling ADR or Mediation if it appears that it could assist in resolving the case. (8) Alternative Forms of Case Disposition: 26 27 The Parties certify that they considered consent to trial by Magistrate Judge. The 28 -3- JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER Case 2:20-cv-00015-KJD-BNW Document 35 34 Filed 05/14/20 Page 4 of 6 1 2 Parties do not consent to reference of this case to a Magistrate Judge for trial. (9) Electronic Evidence: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 The Parties consent to the use of evidence in electronic format to jurors for the purposes of jury deliberations. IT IS ORDERED that ECF No. 34 is DENIED. The Court is sympathetic to the delays that COVID-19 has caused and is causing parties. Still, the Court asks parties to move forward with their cases to the extent they can in a safe manner. Therefore, IT IS FURTHER ORDERED that the parties must file a new, proposed discovery plan and scheduling order by 5/22/2020 that complies with LR 26-1. The parties may seek up to an additional 60 days beyond the standard discovery plan (and if they cannot safely complete discovery in that time, they may seek extensions in the ORDERED: IT IS SO future). IT IS SO ORDERED Dated: DATED: May 14, 2020 HONORABLE BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE __________________________________________________ BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 -4- JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER Case 2:20-cv-00015-KJD-BNW Document 35 34 Filed 05/14/20 Page 5 of 6 1 2 3 4 5 6 Respectfully submitted this 14th day of May 2020, BY:/s/Steven Alpert Steven Alpert, NV Bar No. 8353 PRICE LAW GROUP, APC 5940 S. Rainbow Blvd Suite 3014 Las Vegas, NV 89118 T:(702)794−2008 E: alpert@pricelawgroup.com BY: Leonard T. Fink Leonard T. Fink, NV Bar No. 6296 SPRINGEL & FINK LLP 9075 W. Diablo Drive, Suite 302 Las Vegas, NV 89148 T: (702) 804-0706 F: (702) 804-0798 E: lfink@springelfink.com Attorneys for Plaintiff, CARISSA CHRISTENSEN Attorneys for Defendant, CONVERGENT OUTSOURCING, INC. 7 8 9 10 11 12 13 14 BY: Joseph P. Garin Joseph P. Garin, NV Bar No. 6653 E: jgarin@lipsonneilson.com Jessica A. Green, NV Bar No. 12383 E: jgreen@lipsonneilson,com LIPSON NEILSON P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 T: (702) 382-1500 F: (702) 382-1512 15 16 17 18 19 20 21 22 Tomio B. Narita E: tnarita@snllp.com Leanne Yu, Esq. E: LYu@snllp.com (Admitted pro hac vice) SIMMONDS & NARITA, LLP 44 Montgomery Street, Suite 3010 San Francisco, CA 94104 T: (415) 283-1010 Attorneys for Defendant ALORICA, INC 23 24 25 26 27 28 -5- JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER Case 2:20-cv-00015-KJD-BNW Document 35 34 Filed 05/14/20 Page 6 of 6 1 2 CERTIFICATE OF SERVICE I hereby certify that on May 14, 2020, I electronically filed the foregoing document 3 with the Clerk of the Court using the ECF system. Notice of such filing will be sent to all 4 attorneys of record in this matter. Since none of the attorneys of record are non-ECF 5 6 participants, hard copies of the foregoing have not been provided via personal delivery or by postal mail. 7 8 PRICE LAW GROUP, APC 9 By: /s/ Florence Lirato 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER
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