Farmer v. Experian Information Solutions, Inc., No. 2:2017cv01531 - Document 22 (D. Nev. 2018)

Court Description: ORDER granting 21 Stipulation re Discovery. Discovery due by 11/26/2018. Motions due by 12/24/2018. Proposed Joint Pretrial Order due by 1/23/2019. FURTHER ORDERED that no further extensions will be allowed. Signed by Magistrate Judge Peggy A. Leen on 7/9/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Farmer v. Experian Information Solutions, Inc. Doc. 22 Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 Phone: (702) 880-5554 FAX: (702) 385-5518 Email: dkrieger@hainesandkrieger.com Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC 10040 W. Cheyenne Ave., Suite 170-109 Las Vegas, NV 89129 Phone: (702) 825-6060 FAX: (702) 447-8048 Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA : DOREEN FARMER, and all similarly situated : individuals, : : Plaintiffs, : v. : : EXPERIAN INFORMATION SOLUTIONS, : : INC., : Defendant. : Civil Action No.: 2:17-cv-1531-RFB-PAL STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [Third Request] 20 21 Pursuant to LR 6-1 and LR 26-4, Plaintiff Doreen Farmer (“Plaintiff”) and Experian 22 Information Solutions, Inc. (“Experian”), by and through their respective counsel of record, hereby 23 stipulate and request that this Court extend all case deadlines by sixty (60) days. In support of this 24 Stipulation and Request, the parties state as follows: 25 I. DISCOVERY COMPLETED TO DATE 26 1. Plaintiff filed the instant complaint on May 31, 2017. 27 2. On June 28, 2017, Experian filed its answer. 28 Dockets.Justia.com Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 2 of 6 1 2 3. On July 26, 2017, Experian propounded its deposition notice on Plaintiff, setting Plaintiff’s deposition for October 9, 2017. 3 4. On July 31, 2017, the parties submitted their competing plans for discovery. 4 5. On August 7, 2017, the Court granted the parties’ stipulated protective order. 5 6. On August 9, 2017, Experian provided its initial disclosures. 6 7. On August 15, 2017, Plaintiff provided her initial disclosures. 7 8. On August 18, 2017, Plaintiff provided her first supplemental disclosures. 8 9. On August 31, 2017, the Court issued its scheduling order, permitting discovery on 9 10 11 12 both the individual and class components of Plaintiff’s case to proceed simultaneously. 10. On September 21, 2017, Experian propounded its first set of Requests for Production of Documents on Plaintiff. 11. On September 26, 2017, Plaintiff propounded her first set of Requests for 13 Admission, Production, and Interrogatories on Experian, setting Experian’s deposition for 14 November 17, 2017. 15 16 17 18 19 20 21 22 23 24 25 26 27 12. On September 26, 2017, Plaintiff propounded her first deposition notice to Experian. 13. On October 11, 2017, Plaintiff propounded her first amended deposition notice to Experian, setting Experian’s deposition for November 20, 2017. 14. On October 20, 2017, Plaintiff provided her responses to Experian’s first set of Requests for Production of Documents. 15. On October 20, 2017, Experian propounded its first amended notice of deposition on Plaintiff, setting Plaintiff’s deposition for November 14, 2017. 16. On October 20, 2017, Plaintiff propounded her second amended deposition notice to Experian, setting Experian’s deposition for December 1, 2017. 17. On November 3, 2017, Experian provided its responses to Plaintiff’s first set of Requests for Admissions, Production, and Interrogatories. 18. On November 7, 2017, Plaintiff sent Experian a Rule 26-7 letter regarding 28 2 of 6 Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Experian’s discovery responses. 19. On November 13, 2017, Plaintiff and Experian conducted a partial meet-and-confer regarding Plaintiff’s Rule 26-7 letter. 20. On November 28, 2017, Plaintiff propounded her third amended deposition notice on Experian, setting Experian’s deposition tentatively for December 21, 2017. 21. On December 5, 2017, the parties met and conferred regarding Experian’s responses to Plaintiff’s written discovery requests. 22. On January 22, 2018, the parties conducted a second conference regarding Experian’s responses to Plaintiff’s written discovery requests. 23. On February 1, 2018, Experian served its supplemental responses to Plaintiff’s First Set of Interrogatories. 24. On February 2, 2018, the parties conducted a third conference regarding Experian’s responses to Plaintiff’s written discovery requests. 25. On March 10, 2018, Plaintiff propounded his Second Set of Requests for Production on Experian. 26. On April 18, 2018, Experian responded to Plaintiff’s Second Set of Requests for Production. 27. On April 18, 2018, Experian sent a 26-7 letter regarding Plaintiff’s Responses to Experian’s First Sets of Requests for Admission, Production, and Interrogatories. 28. On April 27, 2018, Experian propounded its Second Amended Notice of Deposition on Plaintiff, setting Plaintiff’s deposition for June 19, 2018. 22 29. On May 9, 2018, Experian served its first supplemental disclosures. 23 30. On May 20, 2018, Plaintiff sent a 26-7 letter regarding Experian’s Responses to 24 Plaintiff’s Second Set of Requests for Production, as well as a limited subset of Plaintiff’s First 25 Set of Requests for Production and Interrogatories. 26 27 31. On June 11, 2018, the parties conferred briefly via telephone regarding Experian’s discovery production in this case. 28 3 of 6 Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 4 of 6 1 2 32. discovery production in this case. 3 4 33. On June 19, 2018, Plaintiff served Experian with its Fourth Amended Notice of Experian’s 30(b)(6) deposition. 5 6 On June 19, 2018, the parties conferred briefly via telephone regarding Experian’s 34. B. On July 3, 2018, the parties conferred on Plaintiff’s May 20, 2018 26-7 letter. Specific Description of Discovery that Remains to be Completed 7 1. The potential supplementation of written discovery between the parties; 8 2. Depositions of Plaintiff and Experian; 9 3. Potential depositions of Experian’s other personnel, as appropriate; 10 4. Depositions of third parties, as appropriate; 11 5. Depositions of Plaintiff’s expert and Experian’s rebuttal expert, if necessary; 12 6. Any additional necessary written discovery, including any follow-up meet and 13 confer to discovery that has already been propounded and/or responded to. 14 C. Reasons Why the Remaining Discovery Was Not Completed 15 The parties can demonstrate good cause for the extension. This class case involves 16 calculation of large amounts of data from Experian’s internal records. Plaintiff has propounded 17 written discovery requests designed to ascertain the Class and propounded a second set of requests 18 for production which seek background information regarding Experian’s technical systems, 19 process of responding to written discovery, and specification of those portions of Plaintiff’s class- 20 based discovery requests which are subject to automated and manual review. Plaintiff and 21 Experian have conferred on whether any limited return of this information can be provided. 22 Presently, the parties are in the process of scheduling Experian’s 30(b)(6) deposition and 23 the deposition of Plaintiff. Give the potentially technical nature of the 30(b)(6) deposition, and 24 the fact that both depositions may impact the expert disclosures, the parties seek a 60-day extension 25 of all present case deadlines in order to ensure that the 30(b)(6) depositions can be completed prior 26 to the time for expert disclosures. This brief extension will also permit the parties to continue to 27 discuss whether some limited production in connection with Plaintiff’s Second Set of Requests for 28 4 of 6 Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 5 of 6 1 Production can be provided prior to Experian’s 30(b)(6) deposition. 2 3 4 5 6 7 8 9 10 11 12 For all of these reasons, the parties request that the Court grant this request for an extension of time. D. Proposed Discovery Deadlines Event Close of Discovery Current Deadline September 25, 2018 Proposed New Deadline November 26, 2018 1 Amend Pleadings November 27, 2017 Same 2 July 27, 2018 September 25, 2018 File Interim Status Report Disclose Rebuttal Experts July 27, 2018 August 27, 2018 3 September 25, 2018 October 26, 2018 File Dispositive Motions File Motion for Class Certification Opposition to Class Certification File Pre-Trial Order October 25, 2018 None December 24, 2018 December 24, 2018 None January 23, 2019 November 26, 2018 (or 30 days after dispositive motions are decided) 4 January 23, 2019 (or 30 days after dispositive motions are decided) Disclose Initial Experts 13 14 15 16 17 18 19 20 21 22 Dated: July 5, 2018 /s/ Jennifer L. Braster Jennifer L Braster, Esq. (NBN 9982) Andrew J Sharples, Esq (NBN 12866) NAYLOR & BRASTER 1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 /s/ Miles N. Clark Matthew I. Knepper, Esq. (NBN 12796) Miles N. Clark, Esq. (NBN 13848) KNEPPER & CLARK LLC 10040 W. Cheyenne Ave., Suite 170-109 Las Vegas, NV 89129 John Andrew Vogt (NBN 14777) Edward San Chang (Pro Hac Vice) JONES DAY 3161 Michelson Dr Ste 800 Irvine, CA 92612 Attorneys for Experian Information Solutions, Inc. David H. Krieger, Esq. (NBN 9086) HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 Attorneys for Plaintiff 23 24 25 26 27 28 1 November 26, 2018 is a Saturday. While the parties could not agree to request an extension of this deadline, the parties agree that Plaintiff reserves all rights to seek to reopen other case deadlines based on facts not yet disclosed that may be revealed as discovery progresses. 3 August 26, 2018 is a Sunday. 4 November 24, 2018 is a Saturday. 2 5 of 6 Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 6 of 6 Farmer v. Experian Information Solutions, Inc. Case No.: 2:17-cv-01531-RFB-PAL 1 2 ORDER GRANTING 3 4 5 6 7 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES IT IS SO ORDERED. IT IS FURTHER ORDERED that no further extensions will be allowed. 8 9 Dated: July 6, 2018 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 of 6