Sarabia v. Vero Technologies, Inc., No. 2:2023cv00377 - Document 49 (D. Nev. 2024)
Court Description: ORDER granting 48 Motion to Extend Time Discovery Deadlines. Discovery due by 8/8/2024. Motions due by 9/5/2024. Proposed Joint Pretrial Order due by 10/3/2024. Signed by Magistrate Judge Daniel J. Albregts on 3/20/2024. (Copies have been distributed pursuant to the NEF - CT)
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Sarabia v. Vero Technologies, Inc. 1 2 3 4 5 6 7 8 9 10 Doc. 49 AMANDA LOUGMILLER aloughmiller@qslwm.com Admitted Pro Hac Vice QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C. 6900 N. Dallas Parkway, Suite 800 Plano, Texas 75024 Telephone: (214) 560-5455 Facsimile: (214) 871-2111 Counsel for TransUnion Rental Screening Solutions, Inc. **Designated Attorney for Personal Service** Sarai L. Thornton Nevada Bar No. 11067 1120 Town Center Drive, Suite 200 Las Vegas, NV 89144 11 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE DISTRICT OF NEVADA 14 15 LUIS SARABIA, 16 Case No. 2:23-cv-00377-MMD-DJA Plaintiff, 17 v. JOINT MOTION AND ORDER TO EXTEND DISCOVERY DEADLINES AND CONTINUE TRIAL 18 VERO TECHNOLOGIES. INC., and TRANS UNION, LLC, (FIFTH REQUEST) 19 Defendants. 20 21 Plaintiff Luis Sarabia (“Plaintiff”), and Defendants Trans Union LLC (“Trans Union”), 22 and Vero Technologies, Inc. (“Vero”) (“the Parties”) hereby jointly move to extend all remaining 23 discovery deadlines by a period of ninety (90) after Plaintiff’s pending Motion to Correct the 24 Name of the Proper Party (“Motion to Correct”) from Trans Union to TransUnion Rental 25 Screening Solutions, Inc. (“TURSS”) is granted by this Court 26 27 1. On March 9, 2023, Plaintiff filed his Complaint against (ECF No. 1), against Defendant Vero, only. 28 1 Dockets.Justia.com 1 2. On September 1, 2023, Plaintiff filed a Motion to Amend his Complaint to add 2 Trans Union as a party (ECF. No. 28), which was granted by the Court on November 29, 2023 3 (ECF No. 35). 4 5 3. Trans Union filed its Answer to Plaintiff’s Amended Complaint on January 23, 2024 (ECF No. 43). 6 4. On February 6, 2024, Plaintiff filed a Motion to Correct the Name of the Proper 7 Party, requesting that Trans Union be replaced as a defendant by the proper party TransUnion 8 Rental Screening Solutions, Inc.(ECF No. 47). This Motion to Correct is currently pending 9 before the Court. 10 5. 11 The parties have completed the following discovery to date: a. On July 12, 2023, Sarabia served his Initial Disclosures and has served one 12 supplement thereto. 13 b. On August 17, 2023, Vero served its Initial Disclosures. 14 c. On July 12, 2023, Plaintiff served his First Discovery Requests on Vero, 15 which have been responded to. 16 d. On August 22, 2023, Vero served its First Discovery Requests to Plaintiff, 17 which have been responded to. 18 e. On August 22, 2023, Vero served its Notice of Deposition on Plaintiff, but no 19 deposition has occurred yet due to the pending addition of TransUnion, and 20 then TURSS as a party. 21 f. On December 8, 2023, Vero served its Second set of Discovery Requests to 22 Plaintiff, which have been responded to. 23 g. On February 7, 2024 Plaintiff served his Second Amended Notice of 24 Deposition on Vero, but no deposition has occurred yet. 25 h. On February 12, 2024, Plaintiff served his First Discovery Requests on 26 TURSS (not yet a proper party but in anticipation of the Court granting 27 Plaintiff’s Motion to Correct)1. 28 1 TURSS’ deadline to respond is 30 days after the Court grants Plaintiff’s Motion to Correct. 2 1 i. On February 13, 2024, TURSS (not yet a proper party but in anticipation of 2 the Court granting Plaintiff’s Motion to Correct) served its First Discovery 3 Requests on Plaintiff.2 j. On March 8, 2024, Plaintiff served his responses to TransUnion’s discovery 4 5 requests. 6 7 6. discovery, serve subpoenas, conduct third-party depositions, and conduct expert discovery. 8 9 The Parties still need to conduct depositions, potentially additional written 7. The Parties require more time and accompanying deadlines from the Court to adequately conduct discovery due to Trans Union and then TURSS’ late additions to this case. 10 8. Good cause exists for the requested extension, namely, Trans Union did not make 11 its first appearance in this case until nearly eleven months after it was commenced. Given that 12 Trans Union is not the correct party and TURSS is the correct party, neither party has been able 13 to participate in discovery or previously noticed depositions and one added, TURSS will not 14 have adequate time to conduct discovery under the current deadlines, the Parties cannot fully 15 investigate and litigate this action within the standard discovery period. 9. 16 The additional time will allow the Parties to conduct additional fact discovery, 17 including taking depositions, potentially additional written discovery, acquiring all documents 18 from third-parties, resolving any discovery issues, and additional time to adequately determine 19 whether expert discovery will be needed in this matter. The Parties have also engaged in 20 settlement discussions and the additional time will assist in continuing those discussions and 21 explore a mediation or settlement conference 22 10. No party will be prejudiced by this Court granting this Stipulation as all parties 23 jointly seek an extension of these deadlines. Moreover, the Parties believe that allowing the 24 extension will serve the ends of judicial economy. 25 11. Moreover, the requested extensions are not sought for the purposes of delay. 26 12. This is the current Parties’ first request to extend these deadlines. 27 13. The current deadlines are as follows: 28 2 Plaintiff’s deadline to respond is 30 days after the Court grants Plaintiff’s Motion to Correct. 3 1 Discovery Cut-off 04/08/2024 2 Deadline to File Dispositive Motions 05/06/2024 3 Deadline to File Proposed Joint Pretrial Order 06/05/2024 4 14. The parties request adoption of the following deadlines: 5 Discovery Cut-off 08/08/2024 6 Deadline to File Dispositive Motions 09/05/2024 7 Deadline to File Proposed Joint Pretrial Order 10/03/2024 8 15. This is all of the Parties’ first joint request for an extension of the discovery 9 deadlines (ECF No. 26). However, on August 29, 2023, Plaintiff filed his first request to extend 10 the discovery deadlines (ECF No. 26). This Court denied Plaintiff’s first request to extend the 11 discovery deadlines (ECF No. 27). Plaintiff moved again for an extension of the discovery 12 deadlines on September 14, 2023 (ECF No. 29) which he identified as his third request to extend 13 the deadlines. This Court granted Plaintiff’s request and on November 29, 2023 (ECF No. 35). 14 16. Plaintiff and Vero filed a Joint Motion to Extend Discovery Deadlines and 15 Continue Trial on January 8, 2024 (ECF No. 39). This Court granted Plaintiff and Vero’s 16 request and ordered the current discovery deadlines on January 9, 2024 (ECF No. 40). 17 WHEREFORE, Plaintiff, Trans Union, and Vero respectfully request this Honorable 18 Court (1) extend discovery in the present matter as set forth above; and (2) reissue a new 19 Scheduling Order to reflect the requested extension. 20 21 22 23 24 25 26 27 28 4 1 DATED: March 19, 2024 2 QUILLING, SELANDER, LOWNDS, WINSLETT & MOSER, P.C. CONSUMER ATTORNEYS /s/ Amanda Loughmiller AMANDA LOUGHMILLER aloughmiller@qslwm.com Admitted Pro Hac Vice 6900 N. Dallas Parkway, Suite 800 Plano, TX 75024 (214) 560-5455 (214) 871-2111 Fax and Sarai L. Thornton sthornton@skanemills.com Nevada Bar No. 11067 SKANE MILLS LLP 1120 Town Center Drive, Suite 200 Las Vegas, Nevada 89144 (702) 363-2535 (702) 363-2534 Fax Counsel for Trans Union LLC LEWIS ROCA ROTHGERBER CHRISTIE LLP /s/ Beth Findsen MICHAEL E. YANCEY, III myancey@consumerattomeys.com Nevada Bar No. 16158 2300 West Sahara Avenue, Suite 800 Las Vegas, NV 89102 (480) 573-9272 (718) 715-1750 Fax and BETH FINDSEN bfindsen@consumerattorneys.com Admitted Pro Hac Vice 8245 N. 85th Way Scottsdale, AZ 85258 (602) 807-6676 Counsel for Plaintiff 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ J. Christopher Jorgensen J CHRISTOPHER JORGENSEN cjorgensen@lewisroca.com Nevada Bar No. 5382 3993 Howard Hughes Parkway, Suite 600 Las Vegas, NV 89169 (702) 949-8200 (702) 949-8398 Fax Counsel for Vero Technologies, Inc. ORDER IT IS SO ORDERED. Having reviewed the parties' joint motion, the Court notes that the parties seek a ninety-day extension, but include deadlines demonstrating a 120-day extension. The Court nonetheless ______________________________________________ finds good cause to MAGISTRATE GRANT the 120-day deadlines requested. IT IS SO ORDERED. UNITED STATES JUDGE DATED: 3/20/2024 Dated this ____ day of _______________________ 2024. _____________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on this 19th day of March 2024, I filed JOINT MOTION AND 3 ORDER TO EXTEND DISCOVERY DEADLINES AND CONTINUE TRIAL with the 4 Clerk of the Court using the CM/ECF system, which will send notification of such filing to the 5 following counsel: Michael Everett Yancey, III myancey@consumerattomeys.com Consumer Attorneys PLC 2300 West Sahara Avenue, Suite 800 Las Vegas, NV 89102 (480) 573-9272 (718) 715-1750 Fax and Beth Findsen bfindsen@consumerattorneys.com Consumer Attorneys PLC 8245 N. 85th Way Scottsdale, AZ 85258 (602) 807-6676 Counsel for Plaintiff 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 J. Christopher Jorgensen cjorgensen@lewisroca.com Lewis Roca Rothgerber Christie LLP 3993 Howard Hughes Parkway, Suite 600 Las Vegas, NV 89169 (702) 949-8200 (702) 949-8398 Fax and Nicholas Boos nboos@maynardnexsen.com Maynard Nexsen LLP Two Embarcadero Center, Suite 1450 San Francisco, CA 94111 (415) 646-4700 (205) 254-1999 Fax and Stephen J. Bumgarner sbumgarner@maynardnexsen.com Maynard Nexsen P.C. 1709 Sixth Avenue North, Suite 1700 Birmingham, AL 35203 (205) 254-1878 Counsel for Vero Technologies, Inc. /s/ Pouneh Porooshani Pouneh Porooshani 21 22 23 24 25 26 27 28 6
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