Diamond Resorts International, Inc. et al v. Reed Hein & Associates, LLC et al, No. 2:2017cv03007 - Document 420 (D. Nev. 2021)
Court Description: DISREGARD - Docketed Twice in Error. ORDER granting 418 Fifth Stipulation to Extend time; Discovery due by 2/1/2022. Motions due by 3/21/2022. Proposed Joint Pretrial Order due by 4/18/2022. Signed by Magistrate Judge Cam Ferenbach on 5/17/2021. (Copies have been distributed pursuant to the NEF - DRS) Modified on 5/17/2021 (DRS).
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Diamond Resorts International, Inc. et al v. Reed Hein & Associates, LLC et al 1 2 3 4 5 6 7 Doc. 420 LIPSON NEILSON P.C. JOSEPH P. GARIN, ESQ. Nevada Bar No. 6653 MEGAN H. HUMMEL, ESQ. Nevada Bar No. 12404 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 (702) 382-1500 - Telephone (702) 382-1512 - Facsimile jgarin@lipsonneilson.com mhummel@lipsonneilson.com Attorneys for Defendant Schroeter Goldmark & Bender, P.S. 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 Lipson Neilson P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 (702) 382-1500 FAX: (702) 382-1512 12 DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC, a Delaware limited liability company, 13 STIPULATION AND ORDER TO EXTEND DISCOVERY Plaintiff, 14 vs. 15 REED HEIN & ASSOCIATES, LLC d/b/a/ TIMESHARE EXIT TEAM, a Washington limited liability company; BRANDON REED, an individual and citizen of the State of Washington; TREVOR HEIN, an individual and citizen of Canada; THOMAS PARENTEAU, an individual and citizen of the State of Washington; HAPPY HOUR MEDIA GROUP, LLC, a Washington limited liability company; MITCHELL R. SUSSMAN & ASSOCIATES, an individual and citizen of the State of California; SCHROETER, GOLDMARK & BENDER, P.S., a Washington professional services corporation; and KEN B. PRIVETT, ESQ., a citizen of the State of Oklahoma, 16 17 18 19 20 21 22 CASE NO.: 2:17-cv-03007-APG-VCF (Fifth Request) 23 Defendants. 24 25 STIPULATION AND ORDER TO EXTEND DISCOVERY (Fifth Request) 26 Pursuant to Local Rules 6-1 and 7-1, Plaintiff Diamond Resorts US Collection 27 Development, LLC (“Diamond” or “Plaintiff”), and Defendants Reed Hein & Associates, 28 LLC d/b/a Timeshare Exit Team (“TET”), Brandon Reed (“Reed”), Trevor Hein (“Hein”), Page 1 of 8 Dockets.Justia.com Lipson Neilson P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 (702) 382-1500 FAX: (702) 382-1512 1 Thomas Parenteau (“Parenteau”), Happy Hour Media Group, LLC (“HHM”), Mitchell 2 Reed Sussman, Esq. d/b/a The Law Offices of Mitchell Reed Sussman & Associates 3 (“Sussman”), and Schroeter Goldmark & Bender, P.S. (“SGB”) (at times collectively the 4 “Defendants”), by and through their respective attorneys of record, hereby agree and 5 stipulate, in accordance with LR 26-4, as follows: 6 IT IS HEREBY STIPULATED by and between the Parties that the deadline to 7 complete discovery be extended as set forth herein. This is the Parties’ fifth request to 8 extend the discovery deadline in this matter. 9 A. Stipulated Discovery Plan and Scheduling Order 10 On November 18, 2020, the Court entered an Order [ECF No. 350] granting the 11 parties’ Joint Stipulation to Extend Discovery (Fourth Request) which set the following 12 dates: 13 1. Initial Experts: July 14, 2021 14 2. Rebuttal Experts: September 13, 2021 15 3. Discovery Cut-Off: November 3, 2021 16 4. Dispositive Motions: December 30, 2021 17 5. Submission of Pretrial Order: January 18, 2022 18 B. Discovery Completed/Remaining Discovery 19 Pursuant to the requirements of LR6-1 and LR26-4, the parties provide the Court 20 with the following information in support of their stipulation to extend discovery in this 21 matter. 22 1. Discovery Completed 23 a) Each of the Parties has served the required Rule 26(a) Initial Disclosures. 24 Plaintiff has served nine supplements; TET has served 33 supplements, HHMG has 25 served six supplements; SGB has served ten supplements; and Sussman has served 26 seven supplements. 27 /// 28 /// Page 2 of 8 Lipson Neilson P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 (702) 382-1500 FAX: (702) 382-1512 1 b) Plaintiff has served an aggregate of twelve (12) separate sets of Requests 2 for Production of Documents and three sets of Interrogatories on TET, Reed, Hein, and 3 Parenteau. TET, Reed, Hein, and Parenteau responded to all Interrogatories and 4 Requests for Production of Documents. TET, Reed, Hein, and Parenteau have served 5 Plaintiff with an aggregate of five (5) sets of Requests for Production of Documents, 6 three (3) sets of Requests for Admission, and one set of Interrogatories. Plaintiff 7 responded to this written discovery and has no responses outstanding at this time. 8 c) Plaintiff has served two sets of Requests for Production of Documents on 9 HHMG and two sets of Interrogatories. HHMG responded to this written discovery and 10 has no responses outstanding at this time. HHMG has also propounded one set of 11 Requests for Admissions on Plaintiff and one set of Requests for Production of 12 Documents. Plaintiff responded to this written discovery and has no responses 13 outstanding at this time. 14 d) Plaintiff has served two sets of Interrogatories on SGB and four sets of 15 Requests for Production of Documents. SGB responded to this written discovery and 16 has no responses pending at this time. SGB also served Plaintiff with four sets of 17 Requests for Production of Documents, one set of Interrogatories, and one set of 18 Requests for Admission. Plaintiff responded to this written discovery and has no 19 responses outstanding at this time. 20 e) Plaintiff has served Sussman with one set of Interrogatories and two sets 21 of Requests for Production of Documents. Sussman responded to this written discovery 22 and has no response outstanding. Sussman served Plaintiff with two sets of 23 Interrogatories and two sets of Requests for Production of Documents. Plaintiff 24 responded to this written discovery. 25 f) The Parties have served numerous third-party document production 26 subpoenas, including subpoenas to Better Business Bureau, Yelp, Inc., The Lampo 27 Group, LLC, Lampo Licensing, LLC, Timeshare Closing Services, Inc., Ardent Law 28 Group, PLLC, Silva & Massi, and the American Resort Development Association. Page 3 of 8 Lipson Neilson P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 (702) 382-1500 FAX: (702) 382-1512 1 g) The Parties have taken the deposition of non-party witness Betty Lusk. 2 h) The Parties have begun taking the Rule 31 depositions of 330 non-party 3 timeshare owners (the “Identified Owners”). To date, approximately 140 of the Rule 31 4 depositions have been completed, with several more scheduled throughout the coming 5 weeks. 6 i) Several Parties have disputed the sufficiency of written discovery 7 responses and are in the process of meeting and conferring to resolve disputes prior to 8 court intervention. 9 j) Plaintiff filed motions to compel the production of the defendants’ 10 documents and the Parties awaiting resolution on Plaintiff’s Objections to Magistrate’s 11 Judge’s Orders thereon (ECF No. 342 and clarificatory orders, ECF No. 353 and ECF 12 No. 355). k) Plaintiff has deposed TET’s 30(b)(6) witnesses for the limited purpose of 13 14 addressing issues which arose during the Rule 31 depositions. 15 l) SGB has served notice to take by videotape the deposition of the Rule 16 30(b)(6) corporate designee of Plaintiff. A Motion for Protective Order thereon has been 17 filed by Plaintiff relative to this deposition and is currently set for May 17, 2021. m) Plaintiff and SGB have agreed that SGB’s Rule 30(b)(6) deposition will be 18 19 scheduled in late August 2021. A deposition notice is forthcoming. 20 n) SGB has served deposition subpoenas on three additional witnesses for 21 Plaintiff: Maria Kalber, Eva Esteban, and David LaGassa. Plaintiff accepted service of 22 these subpoenas and depositions are currently set for June 22, 2021, June 29, 2021, 23 and June 30, 2021. 24 As outlined above, the Parties have exchanged (and are continuing to exchange) 25 hundreds of thousands of documents encompassing millions of pages related to the 26 timeshare owner contracts and relationships at issue in this case, and are awaiting 27 resolutions on pending discovery motions. 28 /// Page 4 of 8 Lipson Neilson P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 (702) 382-1500 FAX: (702) 382-1512 1 2. Remaining Discovery to be Completed. 2 a) Completion of the Rule 31 depositions of the Identified Owners. 3 b) Depositions of all Parties’ 30(b)(6) corporate witnesses and other, relevant 4 non-party witnesses (including the Identified Owners who were not deposed pursuant to 5 Rule 31). The Parties have attempted to schedule these depositions on numerous 6 occasions, but encountered numerous delays due to various restrictions and concerns 7 imposed by the COVID-19 pandemic. The Parties are working together to coordinate 8 the scheduling of all remaining depositions. Five depositions are currently scheduled to 9 move forward beginning June 22, 2021. The Parties are contemplating video- 10 depositions to expedite scheduling, but given the magnitude of the exhibits and the 11 number of defendants involved, all Parties prefer to conduct in-person depositions if 12 feasible. 13 c) Initial and rebuttal expert disclosures. 14 d) Supplemental document disclosures. The Parties are currently in dispute 15 over the production of several categories of documents. The production of these 16 documents is largely contingent on the adjudication of pending or forthcoming motions 17 to compel. 18 The Parties reserve the right to participate in any other discovery allowed by the 19 federal or local rules. 20 C. Reason Why Discovery Has Not Been Completed. 21 Although the parties have worked cooperatively and diligently to complete 22 discovery, discovery has been delayed due to the COVID-19 pandemic, which has led 23 to various closures and travel restrictions. As this Court is aware, this case also involves 24 voluminous and complex document discovery, both as between the Parties and as to 25 third parties. Plaintiff and TET have collectively disclosed well over 1,000,000 pages of 26 documents. TET has also recently disclosed over 500,000 audio recordings with a 27 collective recording time of over four (4) years. Defendants SGB and Sussman have 28 also disclosed a significant amount of documents. The sheer volume of documents and Page 5 of 8 1 ESI that has been exchanged (and continues to be exchanged) including the attendant 2 collection, processing, and production of information, has taken and continues to take a 3 substantial period of time. 4 Complicating the production have been the Parties’ ongoing disputes over 5 various discovery responses and document productions. These disputes have led to 6 dozens of meet and confers, as well as several rounds of motions to compel, which led 7 to the Court’s Order of November 4, 2020 (ECF 342) and clarificatory orders thereon 8 (ECF 353 and ECF 355). Currently, the parties are awaiting the Court’s ruling on 9 Plaintiff’s objections to the Magistrate Judge’s Order (ECF 342, ECF 353 and ECF 355), 10 to guide them in further discovery efforts. The parties are also awaiting the Court’s ruling on Plaintiff’s Motion for Protective 11 Lipson Neilson P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 (702) 382-1500 FAX: (702) 382-1512 12 Order Regarding SGB’s FRCP 30(b)(6) Deposition Notice to Plaintiff. 13 The Parties also do not anticipate that document production, Rule 31 14 depositions, party depositions, the 50 agreed upon live, non-party depositions (25 per 15 side), or expert reports can be completed within the current time frame. 16 17 The Parties therefore respectfully request to extend the discovery deadline by approximately 90 days from the current discovery deadlines. 18 The Parties have entered into the agreement in good faith and not for purposes 19 of delay. This extension is not intended to delay the progress of this case but will 20 instead allow the Parties to complete discovery and/or to further explore the possibility 21 of settlement upon completion of discovery. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Page 6 of 8 1 D. Proposed Schedule for Remaining Discovery 2 Event Current Deadline 3 Initial Experts Rebuttal Experts July 14, 2021 September 13, 2021 4 5 6 7 Discovery Cut-Off Dispositive Motions November 3, 2021 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. Extended Number of Days Deadline October 12, 2021 90 Days December 13, 2021 91 Days (90 days will land on a Sunday) February 1, 2022 90 Days December 20, 2021 March 21, 2022 January 18, 2022 April 18, 2022 8 Lipson Neilson P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 (702) 382-1500 FAX: (702) 382-1512 9 Pretrial Order 91 Days (90 days will land on a Sunday) 90 Days 10 In accordance with Paragraph 13 of the existing Scheduling Order and LR 26-4, 11 this Stipulation is submitted more than twenty-one (21) days before any of the deadlines 12 that the Parties seek to extend through this stipulation. 13 Dated this 14th day of May, 2021. Dated this 14th day of May, 2021. 14 GREENSPOON MARDER LLP THE LAW OFFICES OF MITCHELL REED SUSSMAN & ASSOCIATES /s/ Phillip A. Silvestri /s/ Mitchell Reed Sussman 15 16 17 18 ________________________________ Phillip A. Silvestri, Esq. (NV Bar No. 11276) 3993 Howard Hughes Pkwy., Ste. 400 Las Vegas, NV 89169 ________________________________ Mitchell Reed Sussman, Esq. (Pro Hac Vice) California Bar No. 75107 Leslie Benjamin, Esq. (Pro Hac Vice) 1053 S. Palm Canyon Drive Palm Springs, California 92264 22 Richard W. Epstein, Esq. (Admitted Pro Hac Vice) Jeffrey Backman, Esq. (Admitted Pro Hac Vice) Michelle E. Durieux, Esq. (Admitted Pro Hac Vice) 200 East Broward Blvd., Ste. 1800 Fort Lauderdale, FL 33301 23 and /s/ John P. Aldrich 24 ________________________________ John P. Aldrich, Esq. (Bar No. 6877) 7866 West Sahara Avenue Las Vegas, Nevada 89117 27 COOPER LEVENSON, P.A. Kimberly Maxson-Rushton, Esq. NV Bar No. 5065 Gregory A. Kraemer, Esq. NV Bar No. 1091 1835 Village Center Circle Las Vegas, NV 89134 28 Attorneys for Plaintiffs 19 20 21 25 26 Dated this 17th day of May, 2021. ALDRICH LAW FIRM, LTD. Attorneys for Defendant Mitchell Reed Sussman, Esq. dba The Law Offices of Mitchell Reed Sussman & Associates Page 7 of 8 1 Dated this 14th day of May, 2021. Dated this 14th day of May, 2021. 2 GORDON REES SCULLY MANSUKHANI, LLP LIPSON NEILSON P.C. /s/ Dione C. Wrenn /s/ Megan H. Thongkham __________________________________ Robert S. Larsen, Esq. (NV Bar No. 7785) David T. Gluth II, Esq. (NV Bar No. 10596) Dione C. Wrenn, Esq. (NV Bar No. 13285) 300 South 4th Street, Suite 1550 Las Vegas, Nevada 89101 __________________________________ Joseph P. Garin, Esq. (NV Bar No. 6653) Megan H. Thongkham, Esq (NV Bar No. 12404 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 3 4 5 6 7 8 9 10 11 Attorneys for Defendant Attorneys for Defendants Reed Hein & associates, LLC dba Schroeter Goldmark & Bender, P.S. Timeshare Exit Team, Brandon Reed, Trevor Hein, Thomas Parenteau, and Happy Hour Media Group IT IS SO ORDERED. Lipson Neilson P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 (702) 382-1500 FAX: (702) 382-1512 12 13 14 15 _________________________________ UNITED STATES MAGISTRATE JUDGE 5-17-2021 DATED: __________________________ 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 8 of 8
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