Weatherspoon v. First Advantage Background Services Corp., No. 2:2023cv00548 - Document 21 (D. Nev. 2023)
Court Description: ORDER Granting 20 Motion to Extend Time. Discovery due by 2/27/2024. Motions due by 3/26/2024. Proposed Joint Pretrial Order due by 4/23/2024. Signed by Magistrate Judge Daniel J. Albregts on 9/26/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Weatherspoon v. First Advantage Background Services Corp. Doc. 21 Case 2:23-cv-00548-GMN-DJA Document 21 Filed 09/26/23 Page 1 of 7 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 2 3 SARA L. WEATHERSPOON, Case No.: 2:23-cv-00548-GMN-DJA 4 Plaintiff, 5 v. JOINT MOTION TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) 6 7 8 FIRST ADVANTAGE BACKGROUND SERVICES CORP., Defendant. 9 10 Plaintiff Sara L. Weatherspoon (“Plaintiff”) and Defendant First Advantage 11 Background Services Corp. (“First Advantage”) (together, the “Parties”), through 12 their counsel of record, hereby file this Joint Motion to Extend Discovery Deadlines 13 (First Request) (the “Motion”). This Motion is filed in accordance with LR 26-3. 14 For the reasons set forth below, the Parties respectfully request this Court to extend 15 the current discovery deadlines by sixty (60) days. This is the first motion to extend 16 the discovery deadlines. 17 18 19 20 1 Dockets.Justia.com Case 2:23-cv-00548-GMN-DJA Document 21 Filed 09/26/23 Page 2 of 7 1 I. 2 3 1. The Joint Discovery Plan and Scheduling Order (the “Discovery Plan”) was entered by the Court on August 8, 2023 [Dkt. No. 16]. 4 5 Discovery Completed to Date 2. The Parties exchanged Initial Disclosure Statements Pursuant to Fed. R. Civ. P. 26(a)(1) on July 12, 2023. 6 3. Plaintiff propounded her First Set of Requests for Production of 7 Documents, First Set of Requests for Admissions, and First Set of Interrogatories 8 (“Plaintiff’s First Set of Discovery Requests”) on First Advantage on July 17, 2023. 9 10 4. First Advantage responded to Plaintiff’s First Set of Discovery Requests on August 16, 2023. 11 5. Plaintiff served her 30(b)(6) Notice of Deposition of Defendant First 12 Advantage Background Services Corp. on August 21, 2023. The deposition of 13 Defendant is scheduled for October 9, 2023. 14 6. Plaintiff sent First Advantage a meet and confer letter concerning First 15 Advantage’s discovery responses on September 14, 2023, in an attempt to resolve a 16 discovery dispute between the Parties without the necessity of involvement of the 17 Court. The Parties are currently in the process of resolving this dispute. 18 7. On September 14, 2023, the Parties filed their Proposed Stipulated 19 Protective Order [Dkt. No. 18], which was granted on September 18, 2023 [Dkt. No. 20 19]. 2 Case 2:23-cv-00548-GMN-DJA Document 21 Filed 09/26/23 Page 3 of 7 1 2 3 4 II. Discovery to be Completed 1. Plaintiff intends to take the 30(b)(6) deposition of First Advantage, which has been noticed for October 9, 2023. 2. Plaintiff anticipates propounding additional written discovery upon 5 First Advantage following the completion of First Advantage’s deposition, subject 6 to the testimony of First Advantage. 7 3. Plaintiff anticipates engaging in third-party discovery with non-party 8 FedEx, again subject to the testimony of First Advantage during its 30(b)(6) 9 deposition. 10 4. Dependent upon the outcome of this pending discovery, Plaintiff is 11 considering retaining an expert witness. However, the necessity of retaining such a 12 witness will depend on many aspects of the above-referenced discovery. 13 14 15 5. First Advantage anticipates serving written discovery upon Plaintiff and/or serving a notice of Plaintiff’s deposition. III. Reasons Discovery Was Not Completed Within the Time Limits and Needs to be Extended 16 Since discovery in this matter commenced, the Parties have been diligently 17 engaged in conducting discovery. Plaintiff served written discovery requests upon 18 First Advantage as soon as she was able to do so, and First Advantage provided its 19 initial written responses within approximately thirty days, without the necessity of 20 several extensions. Shortly after receiving those written responses, Plaintiff served 3 Case 2:23-cv-00548-GMN-DJA Document 21 20 Filed 09/26/23 09/25/23 Page 4 of 7 1 a Notice of Deposition upon First Advantage, and the Parties worked together to 2 ascertain dates upon which First Advantage could produce a corporate representative 3 to serve as its 30(b)(6) witness. Concurrently, the Parties have since become engaged 4 in an informal discovery dispute, with Plaintiff seeking additional documents and 5 revised written responses to certain discovery requests from First Advantage. To 6 date, the Parties have been working amicably toward resolving this dispute without 7 the necessity of involving the Court. 8 Despite the diligence and haste on the part of the Parties, due to the shortened 9 discovery period set forth by the Court, the current deadline for disclosure of 10 Plaintiff’s expert report is set for October 30, 2023, and the deadline for First 11 Advantage’s rebuttal expert report is set for November 29, 2023. In order for 12 Plaintiff to properly evaluate whether an expert report is necessary for the facts of 13 this case, Plaintiff first must evaluate First Advantage’s 30(b)(6) witness in order to 14 understand the specifics of the background reporting at issue and relevant to the 15 underlying facts of this case. As a general statement, after developing such facts, 16 Plaintiff has learned that experts request at least approximately one month in order 17 to properly research, draft, and finalize any such expert report. Accordingly, despite 18 the diligence on the part of the Parties in completing necessary discovery, the Parties 19 anticipate that compliance with the existing expert disclosure deadlines will not be 20 practicable and may harm the Parties’ abilities to adequately support their claim(s) 4 Case 2:23-cv-00548-GMN-DJA Document 21 20 Filed 09/26/23 09/25/23 Page 5 of 7 1 and/or defense(s). Notably, the Parties are only requesting extensions to the expert 2 disclosure deadlines, and those following those deadlines. The Parties are not 3 requesting extension of any other deadlines, nor are the Parties requesting any 4 extension of any deadlines that have already passed. 5 IV. Proposed Schedule for Completing Discovery 6 7 8 9 Amend Pleadings/Add Parties Initial Expert Disclosures Rebuttal Expert Disclosures Close of Discovery Dispositive Motions Joint Pretrial Order 10 11 Current Date September 30, 2023 October 30, 2023 November 29, 2023 December 29, 2023 January 26, 2024 February 23, 2024 Proposed Date September 30, 2023 December 29, 2023 January 29, 2024 2023 February 27, 2024 March 26, 2024 April 23, 2024 WHEREFORE, the Parties respectfully request that the Court extend the current discovery deadlines by sixty (60) days. 12 13 14 // 15 16 17 18 19 20 5 Case 2:23-cv-00548-GMN-DJA Document 21 20 Filed 09/26/23 09/25/23 Page 6 of 7 1 2 3 4 5 Respectfully Submitted this 25th day of September 2023. /s/Michael Yancey Michael Yancey, NV #16158 CONSUMER ATTORNEYS 2300 West Sahara Ave. Suite 800 Las Vegas, NV 89102 E: myancey@consumerattorneys.com T: (480) 573-9272 F: (718) 715-1750 /s/ Jason Spak Jason Spak FISHERBROYLES, LLP 6360 Broad Street, #5262 Pittsburgh, PA 15206 E: jason.spak@fisherbroyles.com T: (412) 230-8555 6 7 Taylor Buono WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 6689 Las Vegas Boulevard South, Suite 200 Las Vegas, NV 89119 E: taylor.buono@wilsonelser.com T: (702) 727-1400 F: (702) 727-1401 Attorneys for Plaintiff Sara L. Weatherspoon 8 9 10 11 Counsel for Defendant First Advantage Background Services Corp. 12 13 14 IT IS SO ORDERED: DATED: 9/26/2023 15 16 17 18 UNITED STATES DISTRICT JUDGE _________________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE Dated: _____________________ 19 20 6 Case 2:23-cv-00548-GMN-DJA Document 21 20 Filed 09/26/23 09/25/23 Page 7 of 7 1 CERTIFICATE OF SERVICE 2 I hereby certify that on September 25, 2023, I electronically filed the 3 foregoing with the Clerk of the Court using the ECF system, which will send notice 4 of such filing to all attorneys of record in this matter. Since none of the attorneys of 5 record are non-ECF participants, hard copies of the foregoing have not been 6 provided via personal delivery or by postal mail. 7 CONSUMER ATTORNEYS 8 By: /s/ Sierra M. Stewart Sierra M. Stewart 9 10 11 12 13 14 15 16 17 18 19 20 7
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