Greenbroz, Inc. v. Green Vault Systems, LLC, No. 2:2020cv02008 - Document 29 (D. Nev. 2021)
Court Description: ORDER denying 28 Discovery Plan and Scheduling Order; Proposed Discovery Plan/Scheduling Order due by 10/1/2021. Signed by Magistrate Judge Brenda Weksler on 9/24/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Greenbroz, Inc. v. Green Vault Systems, LLC Doc. 29 Case 2:20-cv-02008-RFB-BNW Document 28 Filed 09/23/21 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 John K. Buche, Esq. (Pro Hac Vice) California Bar No. 239477 BUCHE & ASSOCIATES, P.C. 875 Prospect St., Suite 305 La Jolla, California 92037 Tel: (858) 459-9111 Fax: (858) 430-2426 jbuche@buchelaw.com Kevin Hejmanowski, Esq. (Local Counsel) Nevada Bar No. 10612 LEAH MARTIN LAW 3100 W. Sahara Ave. #202 Las Vegas, Nevada 89102 Tel: (702) 420-2733 Fax: (702) 330-3235 khejmanowski@leahmartinlv.com Attorneys for Plaintiff GreenBroz, Inc. 14 UNITED STATES DISTRICT COURT 15 16 17 DISTRICT OF NEVADA GREENBROZ, INC., a Nevada corporation, 18 19 20 21 22 23 24 25 Plaintiff, Case No.: 2:20-cv-02008-RFB-BNW JOINT DISCOVERY PLAN AND SCHEDULING ORDER SPECIAL SCHEDULING REVIEW REQUESTED v. GREEN VAULT SYSTEMS, LLC; a Washington limited liability company, Defendant. Pursuant to the Court’s Order (ECF No. 24), Fed. R. Civ. P. 26(f), and Local Rule 26- 26 1, the respective parties conducted a discovery planning conference on February 10, 2021, and 27 conferred several times after the Court issued an order on Defendant’s motion to dismiss was 28 1 JOINT DISCOVERY PLAN AND SCHEDULING ORDER Dockets.Justia.com Case 2:20-cv-02008-RFB-BNW Document 28 Filed 09/23/21 Page 2 of 7 1 2 3 4 5 issued on September 10, 2021. The Parties request a special scheduling review pursuant to L.R. 26-1(a) and hereby submit to the court the following proposed Discovery Plan and Scheduling Order. STATEMENT REGARDING REQUEST FOR SPECIAL SCHEDULING REVIEW 6 7 8 9 10 11 12 The Parties request a special scheduling review because on February 25, 2021, the Court stayed discovery in this proceeding pending an order on the Defendant’s Motion to Dismiss. On September 10, 2021, the Court issued an order denying Defendant’s Motion to Dismiss. The Parties have proposed deadlines that provide sufficient time to complete the anticipated discovery and that avoid conflicts with counsels’ other cases. DISCOVERY PLAN AND SCHEDULE 13 14 15 16 17 18 19 20 21 22 I. DISOVERY AND EXPERTS A. Rule 26(a)(1) Disclosures The Parties will exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) by October 11, 2021. B. Subject of Discovery, Completion of Discovery, and Phased Discovery Plaintiff’s Statement: Plaintiff intends to conduct discovery related to the agreement between Plaintiff and Defendant regarding the sale of Defendant’s products. Plaintiff also 23 intends to conduct discovery related to the revenues, sales, and profits of Defendant’s products. 24 Plaintiff intends to propound requests for production of documents, interrogatories, requests 25 26 for admission, and deposition testimony. Plaintiff does not believe that discovery needs to be 27 phased with the exception that Plaintiff believes that Defendant should provide financial 28 information concerning sales of the Defendant’s products prior to any settlement conference 2 JOINT DISCOVERY PLAN AND SCHEDULING ORDER Case 2:20-cv-02008-RFB-BNW Document 28 Filed 09/23/21 Page 3 of 7 1 2 3 4 or mediation. Defendant’s Statement: Defendant will seek discovery showing that plaintiff knowingly sells equipment for marijuana processing and distribution, has no enforceable 5 contract, did not comply with the alleged contract, suffered no damages, and owes defendant 6 monies for converting and reselling defendant’s equipment without compensation and 7 8 9 10 11 12 13 interfering in an equipment sale. C. Discovery of Electronically Stored Information The parties do not perceive this to be a complex case and do not anticipate that discovery of electronically stored information (“ESI”) will be extensive. Accordingly, the parties propose to exchange responsive ESI in Optical Character Recognition (OCR) 14 searchable PDF file format. The parties may want to seek production of e-emails in native 15 formats to ease searchability. The parties will accommodate reasonable requests for native 16 17 versions of specific documents produced by the producing party. 18 D. 19 The parties anticipate filing a stipulated protective order for this case. 20 21 22 E. Protective Order Limitations on Discovery The parties agree that the normal limitations on the number of interrogatories as 23 provided by Federal Rules of Civil Procedure and the Local Rules should apply to this case 24 (25 per party). The parties anticipate each conducting 3-9 depositions, plus expert depositions. 25 26 27 F. Expert Discovery The parties propose a deadline for expert disclosures on March 11, 2022. 28 3 JOINT DISCOVERY PLAN AND SCHEDULING ORDER Case 2:20-cv-02008-RFB-BNW Document 28 Filed 09/23/21 Page 4 of 7 1 II. 2 A. Amendments to the Pleadings and Adding Parties 3 The parties propose a deadline for filing amended pleadings or adding parties on 4 5 January 14, 2022. 6 B. Dispositive Motions 7 8 9 The parties propose a deadline for filing dispositive motions on July 22, 2022. III. 12 IV. resolution (“ADR”). 15 16 17 18 Plaintiff’s Statement: Plaintiff is agreeable to participate in ADR, specifically a settlement conference or mediation, but believes that ADR will be more productive after Plaintiff receives financial information concerning sales of the Defendant’s products. Defendant’s Statement: Defendant has and continues to be willing to participate in 19 20 21 22 23 24 ALTERNATIVE DISPUTE RESOLUTION The Parties have met and conferred about the possibility of alternative dispute 13 14 JOINT PRETRIAL ORDER AND DISCLOSURES The parties propose a deadline for filing a joint pretrial order on September 9, 2022. 10 11 SIGNIFICANT MOTIONS early ADR. V. ALTERNATIVE FORMS OF CASE DISPOSITION The parties have considered trial by a magistrate judge and use of the Short Trial Program, and do not consent to either. 25 26 27 28 4 JOINT DISCOVERY PLAN AND SCHEDULING ORDER Case 2:20-cv-02008-RFB-BNW Document 28 Filed 09/23/21 Page 5 of 7 1 VI. PROPOSED SCHEDULE 2 Event 3 4 5 6 7 8 9 10 11 12 Proposed Deadlines 1. Discovery Cut-Off June 23, 2022 2. Amending the Pleadings and Adding Parties January 14, 2022 3. Disclosure of Rule 26(a)(2) Disclosures (ex- March 11, 2022 perts) 4. Dispositive Motions filing deadline July 22, 2022 5. Joint Pretrial Order September 9, 2022 13 14 15 16 6. Fed. R. Civ. P. 26(a)(3) Disclosures (witness September 9, 2022 and exhibit lists) Dated: September 23, 2021 17 18 19 20 21 22 23 BUCHE & ASSOCIATES, P.C. Order IT IS ORDERED that ECF No. 28 is DENIED. The parties are directed to review Local Rule 26-1 and file a new proposed discovery plan and scheduling order that complies with this rule by 10/1/2021. IT IS SO ORDERED 24 25 26 27 28 Respectfully submitted, DATED: 11:10 am, September 24, 2021 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE /s/ John K. Buche John K. Buche (Pro Hac Vice) 875 Prospect St., Suite 305 La Jolla, CA 92037 LEAH MARTIN LAW /s/ Kevin Hejmanowski Kevin Hejmanowksi Nevada Bar No. 10612 3100 W. Sahara Ave. #202 Las Vegas, Nevada 89102 Attorneys for Plaintiff GreenBroz, Inc. 5 JOINT DISCOVERY PLAN AND SCHEDULING ORDER Case 2:20-cv-02008-RFB-BNW Document 28 Filed 09/23/21 Page 6 of 7 1 2 Dated: September 23, 2021 KEMP JONES, LLP 7 /s/ Spencer H. Gunnerson J. Randall Jones, Esq. Nevada Bar No. 1927 Spencer H. Gunnerson, Esq. Nevada Bar No. 8810 3800 Howard Hughes Parkway, 17th Floor Las Vegas, Nevada 89169 8 VAN KAMPEN & CROWE PLLC 3 4 5 6 9 10 11 12 13 /s/ Al Van Kampen_____________ Al Van Kampen, Esq. (Pro Hac Vice) 1001 Fourth Avenue, Suite 4050 Seattle, Washington 98154 Attorneys for Defendant Green Vault Systems, LLC 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 JOINT DISCOVERY PLAN AND SCHEDULING ORDER
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