YWS Architects, LLC v. Alon Las Vegas Resort, LLC et al, No. 2:2017cv01417 - Document 73 (D. Nev. 2018)

Court Description: ORDER granting 71 Stipulation; Discovery due by 7/30/2018. Motions due by 8/29/2018. Proposed Joint Pretrial Order due by 9/28/2018. Signed by Magistrate Judge Cam Ferenbach on 1/24/2018. (Copies have been distributed pursuant to the NEF - JM)
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YWS Architects, LLC v. Alon Las Vegas Resort, LLC et al 1 2 3 4 5 6 7 8 9 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 Doc. 73 MARK G. TRATOS, ESQ. (NV Bar No. 1086) DONALD L. PRUNTY, ESQ. (NV Bar No. 8230) SHAUNA L. NORTON, ESQ. (NV Bar No. 11320) GREENBERG TRAURIG, LLP 3773 Howard Hughes Pkwy., Suite 400N Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Email: tratosm@gtlaw.com; pruntyd@gtlaw.com; nortons@gtlaw.com ROBERT D. ROURKE, ESQ. (NV BAR NO. 5757) ROURKE LAW FIRM 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: 702-515-7440 Facsimile: 702-515-7441 rourkelaw@embarqmail.com 11 12 13 Counsel for Plaintiff/Counterdefendant YWS Architects, LLC and Counterdefendant Tom Wucherer UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 15 16 17 18 19 20 21 YWS Architects, LLC, d/b/a YWS Design & Architecture, a Nevada limited liability company, Plaintiff, v. Case No.: 2:17-cv-01417-RFB-VCF STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DATES AND DEADLINES ALON LAS VEGAS RESORT, LLC fka ALON LAS VEGAS LANDCO, LLC, a Delaware limited liability company, and TISHMAR, LLC, a Nevada limited liability company; [FIRST REQUEST] 22 23 24 25 26 27 Defendants. ________________________________ ALON LAS VEGAS RESORT, LLC, a Delaware limited liability company, ALON LEISURE MANAGEMENT, LLC, a Delaware limited liability company, Counter-claimants, v. 28 Page 1 of 6 LV 421050111v1 Dockets.Justia.com 1 2 3 YWS Architects, LLC, d/b/a YWS Design & Architecture, a Nevada limited liability company; TOM WUCHERER, an individual; DOES 1 through 10; ROE CORPORATIONS 11-20, 4 Counter-defendants. 5 6 Plaintiff/Counterdefendant YWS Architects, LLC and Tom Wucherer (“YWS”), and 7 8 9 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Defendant/Counterclaimants Alon Las Vegas Resort, LLC fka Alon Las Vegas Landco, LLC and Alon Leisure Management, LLC (“Alon”) (collectively “the Parties”), by and through their respective counsel of record, for good cause shown, pursuant to Local Rules 26-4 and 6-1, hereby submit the following Stipulation. I. DISCOVERY COMPLETED TO DATE: As required by FRCP 26 and Local Rule 26-1(d), counsel for the Parties held a telephone conference on August 4, 2017 to discuss initial discovery disclosures and to develop a discovery plan. Initial and supplemental disclosures were subsequently served as required by FRCP 26(a)(1). The Parties filed their proposed discovery plan and scheduling order on August 24, 2017 [ECF No. 27]. The Court issued its Scheduling Order on August 24, 2018, setting the discovery cutoff of April 30, 2018 [ECF No. 28]. The parties have exchanged the following written discovery to date: 1. On September 13, 2017, Alon propounded its First Set of Requests for Production of Documents upon YWS. On October 27, 2017, YWS served its response to this discovery request. 2. On September 15, 2017, YWS propounded its First Set of Requests for Production of Documents upon Alon. On November 6, 2017, Alon served its response to this discovery request. 3. On September 13, 2017, Alon propounded its First Set of Interrogatories upon YWS. On October 27, 2017, YWS served its response to this discovery request. 4. On September 15, 2017, YWS propounded its First Set of Interrogatories upon Alon. On November 6, 2017, Alon served its response to this discovery request. 28 Page 2 of 6 LV 421050111v1 1 2 5. YWS. On October 27, 2017, YWS served its response to this discovery request. 3 4 6. On September 15, 2017, YWS propounded its First Requests for Admissions upon Alon. On November 6, 2017, Alon served its response to this discovery request. 5 6 On September 13, 2017, Alon propounded its First Requests for Admissions upon 7. In October, 2017, YWS issued several subpoenas to the Custodian of Records for various third parties. 7 8. On January 10, 2018, the deposition of the Person Most Knowledgeable for Penta 8 Building Group was taken by the Parties. 9 II. GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 11 DISCOVERY REMAINING TO BE COMPLETED: 1. The depositions of the principals and person(s) most knowledgeable of YWS and 2. Additional written discovery between the Parties, as needed, including but not Alon. 12 13 limited to, requests for production of documents, requests for interrogatories and requests for 14 admissions. 15 16 3. The Parties anticipate disclosing initial experts pursuant to FRCP 26(a). The Parties additionally may disclose rebuttal experts pursuant to FRCP 26(a)(2). 17 4. The Parties will conduct expert witness depositions. 18 5. The Parties agree there will be numerous percipient witness depositions that will 19 need to be taken. 20 6. 21 22 REASON WHY DISCOVERY REMAINING WILL NOT BE COMPLETED WITHIN TIME LIMITS SET BY THE COURT’S DISCOVERY PLAN AND SCHEDULING ORDER: 23 On August 8, 2017, YWS filed its Motion to Dismiss the Counterclaim against Tom 24 II. Additional discovery of non-parties, as needed. Wucherer [ECF No. 24]. This motion has been fully briefed and is pending before this Court. 25 On October 12, 2017, Alon filed its Motion to Expunge YWS Architects, LLC’s Mechanic’s 26 Lien [ECF No. 31]. This motion has been fully briefed. An Evidentiary Hearing was held on 27 January 12, 2018. Following the evidentiary hearing, the Court ordered supplemental briefing on the 28 Motion to Expunge. Page 3 of 6 LV 421050111v1 1 2 Expert witness disclosures are due on March 1, 2018. The Parties agree that the current discovery deadlines do not offer enough time to complete all remaining discovery. 3 Additionally, the Parties believe the Court’s rulings on the Motion to Dismiss and Motion to 4 Expunge Mechanic’s Lien will determine what, if any, additional discovery will be necessary. 5 III. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY: 6 The parties request a ninety (90) day extension to complete depositions, disclose expert 7 witnesses and potentially supplemental discovery requests. Additionally the parties request that the 8 dispositive motion and related deadlines all be extended. The proposed deadlines are as follows: 9 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 DEADLINE Discovery cut-off 11 Amending Pleadings and Adding Parties Deadline to disclose expert witnesses Deadline to disclose rebuttal expert witnesses Deadline to file dispositive motions Deadline to file joint pre-trial order (if no dispositive motions are pending before the Court) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ... ... CURRENT DATE PROPOSED DATE April 30, 2018 July 30, 2018 January 30, 2018 May 1, 2018 March 1, 2018 May 31, 2018 April 2, 2018 July 2, 2018 May 30, 2018 August 29, 2018 June 29, 2018 September 28, 2018 If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order. ... ... ... ... ... ... ... ... ... Page 4 of 6 LV 421050111v1 1 2 This request for extension of time made in good faith and is not being sought for purposes of delay. 3 Respectfully submitted: 4 IT IS SO STIPULATED. 5 6 DATED this 24th day of January, 2018. DATED this 24th day of January, 2018. GREENBERG TRAURIG, LLP MEAD LAW GROUP /s/Shauna L. Norton MARK G. TRATOS, ESQ. Nevada Bar No. 1086 DONALD L. PRUNTY, ESQ. Nevada Bar No. 8230 SHAUNA L. NORTON, ESQ. Nevada Bar No. 11320 3773 Howard Hughes Parkway, Suite 400 N Las Vegas, NV 89169 /s/ Sarah A. Mead Leon F. Mead II, Esq. Sarah A. Mead, Esq. Mead Law Group 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 7 8 9 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 11 12 13 14 15 16 17 ROBERT D. ROURKE, ESQ. (NV Bar No. 5757) ROURKE LAW FIRM 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Patrick G. Byrne, Esq. Snell & Wilmer, LLP 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 Counsel for Defendant Alon Las Vegas Resort, LLC fka Alon Las Vegas Landco, LLC Counsel for YWS Architects, LLP and Tom Wucherer 18 19 IT IS SO ORDERED that the deadlines shall be extended as set forth above.. 20 21 _________________________________ 22 UNITED STATES MAGISTRATE JUDGE 23 1-24-2018 DATED: _________________________ 24 25 26 27 28 Page 5 of 6 LV 421050111v1 CERTIFICATE OF SERVICE 1 2 3 4 5 6 7 The undersigned hereby certifies that on the 24th day of January, 2018, a true and correct copy of the foregoing STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DATES AND DEADLINES was filed electronically via the Court’s CM/ECF system. Notice of filing will be served on all parties by operation of the Court’s EM/ECF system, and parties may access this filing through the Court’s CM/ECF system. 8 Leon F. Mead II, Esq. Sarah A. Mead, Esq. Mead Law Group 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 leon@meadlawgroup.com sarah@meadlawgroup.com 9 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 11 12 Patrick G. Byrne, Esq. Snell & Wilmer, LLP 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 pbyrne@swlaw.com 13 14 15 16 /s/ Cynthia L. Ney . An Employee of Greenberg Traurig, LLP 17 18 19 20 21 22 23 24 25 26 27 28 Page 6 of 6 LV 421050111v1