Razaghi v. Razaghi Development Company, LLC, No. 2:2018cv01622 - Document 171 (D. Nev. 2021)
Court Description: ORDER Granting 170 Stipulation for Extension of Time (First Request) re Discovery Stipulation and Order to Extend Case Scheduling Deadlines. Discovery due by 3/31/2022. Motions due by 5/2/2022. Proposed Joint Pretrial Order due by 6/1/2022. Signed by Magistrate Judge Daniel J. Albregts on 10/19/2021. (Copies have been distributed pursuant to the NEF - YAW)
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10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING Razaghi v. Razaghi Development Company, LLC Doc. 171 1 Marquis Aurbach Coffing Phillip S. Aurbach, Esq. 2 Nevada Bar No. 1501 Collin M. Jayne, Esq. 3 Nevada Bar No. 13899 10001 Park Run Drive 4 Las Vegas, Nevada 89145 Telephone: (702) 382-0711 5 Facsimile: (702) 382-5816 paurbach@maclaw.com 6 cjayne@maclaw.com Attorneys for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 KORY RAZAGHI, an individual, Case Number: 10 ATTENTUS L.L.C., a Nevada Limited2:18-cv-01622-GMN-DJA Liability Company, 11 Plaintiffs, 12 STIPULATION AND ORDER TO vs. EXTEND DISCOVERY AND CASE 13 SCHEDULING DEADLINES AHMAD RAZAGHI, an individual; 14 MANUEL MORGAN, an individual; and (First Request) RAZAGHI DEVELOPMENT COMPANY, 15 LLC, an Arizona Limited-Liability Company; 16 Defendants. 17 18 Pursuant to LR IA 6-1 and LR 7-1, Plaintiffs Kory Razaghi and Attentus L.L.C. 19 (collectively, “Plaintiffs”) and Defendants Ahmad Razaghi and Razaghi Development 20 Company, LLC (collectively, the “Ahmad Defendants”) (collectively with Plaintiffs, the 21 “Parties”) hereby stipulate and agree as follows: 22 1. This action was commenced on June 20, 2018 in the Eighth Judicial District 23 Court of the State of Nevada, and was removed to this Court on August 28, 2018. 24 2. Defendant Razaghi Development Company, LLC filed its first Answer after 25 removal on September 4, 2018 (ECF No. 4). 26 3. On October 4, 2018, the parties submitted a proposed joint discovery plan and 27 scheduling order (ECF No. 33). Page 1 of 9 MAC:13437-006 4513034_1 10/18/2021 2:24 PM Dockets.Justia.com 1 4. Thereafter, following amendment of the complaint and while a motion to 2 dismiss the Second Amended Complaint (ECF No. 72) was pending, the parties entered into 3 a stipulation to stay discovery on March 25, 2019 (ECF No. 96). 4 5. Pursuant to that stipulation, the dates previously established for dispositive 5 motions and submission of a joint pre-trial order were vacated, to be reset by the Court 6 following an order on the motion to dismiss (ECF No. 95 at ¶ 6). 7 6. On June 27, 2019, the parties entered into a further stipulation to stay certain 8 discovery, contemplating that the Court would issue a new scheduling order following the 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 9 ruling on the motion to dismiss (ECF No. 116). 10 7. Plaintiff subsequently filed a Third Amended Complaint (ECF No. 122). 11 8. Defendants filed a motion to dismiss the Third Amended Complaint (ECF No. 9. Plaintiff filed a motion for partial summary judgment (ECF No. 129), and 12 123). 13 14 Defendants filed a cross-motion for partial summary judgment (ECF No. 138) 15 10. The motion to dismiss the Third Amended Complaint, as well as both motions 16 for partial summary judgment, were ruled upon on September 30, 2020, with certain claims 17 being dismissed and certain claims being maintained (ECF No. 150). 18 11. With the Court’s permission, Plaintiffs filed a Fourth Amended Complaint on 19 October 21, 2020 (ECF No. 153). 20 12. On November 18, 2020, the Defendants filed a motion to dismiss in part the 21 Fourth Amended Complaint (ECF No. 156), a motion for partial summary judgment as to the 22 Fourth Amended Complaint (ECF No. 157), and an answer to the Fourth Amended Complaint 23 (ECF No. 158). 24 13. On September 30, 2021, the Court issued an order granting the Defendants’ 25 motions in part, and denying the motions in part (ECF No. 168). 26 14. The Court’s September 30, 2021 Order (ECF No. 168) further directs the 27 parties to file a Joint Proposed Pretrial Order within thirty days of entry of the Order. Page 2 of 9 MAC:13437-006 4513034_1 10/18/2021 2:24 PM 1 15. Currently no scheduling order is in place, all such dates having been vacated 2 by prior order (ECF No. 116). However, in the event the Plaintiffs’ claims in the Fourth 3 Amended Complaint survived the motion to dismiss and motion for summary judgment, the 4 parties contemplated conducting additional discovery. 5 16. Due to the discovery stays, delays in third parties responding to discovery 6 requests, complications with the COVID-19 pandemic, and the ambiguity of any discovery or 7 trial deadlines, counsel for all parties require additional time to complete discovery, such that 9 A. DISCOVERY COMPLETED 10 17. On November 19, 2018, Plaintiff Kory Razaghi and Defendant Razaghi 11 Development Company each served their respective initial Rule 26 disclosures. 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 8 the preparation of a Pretrial Order would be premature. 12 18. On November 26, 2018, Plaintiff served his first supplemental disclosure. 13 19. On November 30, 2018, Razaghi Development Company served amended 14 initial disclosures, as well as initial disclosures for Defendant Ahmad Razaghi, and two 15 Razaghi Healthcare entities that are no longer parties to this case. 16 20. On November 30, 2018, Plaintiff served a subpoena duces tecum on Navajo 17 Health Foundation, Inc. 18 21. On December 12, 2018, Plaintiff served his second supplemental disclosures. 19 22. On December 13, 2018, Plaintiff served subpoenas duces tecum on US Bank 20 and Wells Fargo. 21 23. On January 10, 2019, Plaintiff served his first set of interrogatories, requests 22 for admission, and requests for production of documents to each of the Defendants. 23 24. On January 22, 2019, Defendants filed a motion to dismiss the Second 24 Amended Complaint (ECF No. 72). 25 25. On February 12, 2019, Defendants served responses to Plaintiff’s first sets of 26 interrogatories, requests for admission, and requests for production of documents. 27 Page 3 of 9 MAC:13437-006 4513034_1 10/18/2021 2:24 PM 1 26. On February 28, 2019, Plaintiff served a second set of requests for production 2 of documents on Defendant Razaghi Development Company. 3 27. On March 15, 2019, Plaintiff served notice of taking the deposition of the Rule 4 30(b)(6) designee of Sage Memorial Hospital, which was subsequently continued to a date “to 5 be determined” pursuant to agreement between the parties. 6 28. On March 25, 2019, the parties entered into a stipulation to stay discovery 7 between the parties other than the deposition of Ahmad Razaghi (ECF No. 96) providing that 8 the dates previously established for dispositive motions and submission of a joint pre-trial 9 order were vacated, to be reset by the Court following an order on the then-pending motion to 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 dismiss (ECF No. 72). 11 29. On April 22, 2019, Plaintiff took the deposition of Defendant Ahmad Razaghi. 12 30. On May 30, 2019, a Stipulated Protection Order was entered in this case (ECF 13 No. 109). 14 31. On May 22, 2019, Plaintiff served his third supplemental disclosures. 15 32. On June 27, 2019, the parties entered into a further stipulation to stay discovery 16 between the parties (ECF No. 116), contemplating that the Court would issue a new 17 scheduling order following the ruling on the then-pending motion to dismiss (ECF No. 72). 18 33. On July 19, 2019, Navajo Health Foundation, Inc. produced 11,541 pages of 19 documents in response to the subpoena that had been served by Plaintiff approximately 8 20 months earlier. 21 34. On July 22, 2019, Plaintiff served his fourth supplemental disclosures. 22 35. On July 24, 2019, Plaintiff served his fifth supplemental disclosures. 23 36. Based on the documents produced by Navajo Health Foundation, Inc., Plaintiff 24 requested leave to file an amended complaint (ECF No. 117) on August 2, 2019, which was 25 granted in an order dated August 7, 2019 (ECF No. 120). 26 37. Plaintiff filed his Third Amended Complaint (ECF No. 122) on August 13, 27 2019, which included for the first time Attentus LLC as a plaintiff. Page 4 of 9 MAC:13437-006 4513034_1 10/18/2021 2:24 PM 1 38. The Defendants then filed a motion to dismiss the Third Amended Complaint 2 (ECF No. 123) on September 18, 2019. 3 39. On September 4, 2019, Defendant Razaghi Development Company served 4 responses to Plaintiff’s second set of requests for production of documents. 5 40. On September 26, 2019, the Defendants served their first sets of interrogatories 6 and requests for production of documents on Plaintiff. 7 41. On October 31, 2019, Plaintiff served responses to Defendants’ first sets of 8 interrogatories and requests for production of documents. 9 42. On December 3, 2019, Plaintiff served his first set of requests for admissions 11 on Ahmad Razaghi, and his third request for production of documents on Razaghi 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 on Razaghi Development Company, his second set of requests for production of documents 12 Development Company. 13 43. On January 6, 2020, Defendants served responses to Plaintiff’s first set of 14 requests for admissions on Razaghi Development Company, his second set of requests for 15 production of documents on Ahmad Razaghi, and his third request for production of 16 documents on Razaghi Development Company. 17 44. On January 22, 2020, Defendants served their second supplemental 18 disclosures. 19 45. The Court ruled on the pending motions regarding the Third Amended 20 Complaint on September 30, 2020 (ECF No. 150). 21 46. Plaintiffs filed the Fourth Amended Complaint (ECF No. 153) on October 21, 47. Defendants filed a motion to dismiss the Fourth Amended Complaint (ECF 22 2020. 23 24 No. 156), motion for partial summary judgment (ECF No. 157), and Answer to the Fourth 25 Amended Complaint (ECF No. 158) on November 18, 2020. 26 27 Page 5 of 9 MAC:13437-006 4513034_1 10/18/2021 2:24 PM 1 48. On September 30, 2021, the Court issued an order granting in part and denying 2 in part the Defendants’ 2020 motions, and directing the parties to submit a proposed joint 3 pretrial order (ECF No. 168). 4 B. DISCOVERY REMAINING 5 49. Counsel for all parties intend to schedule depositions of several third-party fact 6 witnesses. 7 50. Counsel for the Defendants intend to schedule a deposition of Plaintiff Kory 8 Razaghi and reserve the right to schedule a deposition of the Rule 30(b)(6) representative(s) 9 of Attentus LLC. 51. Counsel for the Plaintiffs have reserved the right to schedule a deposition of 11 the Rule 30(b)(6) representative(s) of Razaghi Development Company. 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 12 52. Counsel for the parties do not anticipate serving any additional written 13 discovery demands, but counsel for the parties do anticipate that they need to review the 14 discovery responses and documents produced to date in light of the Court’s rulings on the 15 dispositive motions and determine whether any amendments or supplements are required. 16 53. Additionally, counsel for all parties desire additional time to discuss and follow 17 through on any discovery disputes that may arise. 18 C. REASONS WHY DISCOVERY IS NOT COMPLETE 19 54. First, discovery in this case was delayed by significant preliminary motion 20 practice, where the operative complaint was amended four times, and the Defendants 21 answered that complaint in late 2020. 22 55. Additionally, Navajo Health Foundation, Inc. (Sage Hospital) produced 23 extremely voluminous records, and took a considerable amount of time to do so, which 24 delayed the parties’ understanding of details of the case that proved to be foundational to 25 further discovery. 26 56. Moreover, counsel for all parties anticipated that some amount of discovery 27 would be permitted subsequent to the ruling on the latest motions to dismiss, where the scope Page 6 of 9 MAC:13437-006 4513034_1 10/18/2021 2:24 PM 1 of issues in contention was uncertain while those motions were pending, and where the latest 2 stipulation and order contemplated that the Court would issue a new scheduling order after 3 resolving the motions to dismiss. 4 57. Finally, complications from the COVID-19 pandemic have rendered 5 depositions in particular difficult to schedule for the parties, witnesses, and all attorneys 6 involved. Thus, the remaining depositions that are required have been substantially delayed. 7 D. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY 58. The parties propose the Court issue a new scheduling order containing the 8 9 following deadlines: Discovery Cut-off: Thursday, March 31, 2022 Dispositive Motions: Monday, May 2, 2022 Pre-Trial Order: Wednesday, June 1, 2022 (or 30 days from the date of entry of the Court’s ruling on any dispositive motions) 11 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 12 13 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / Page 7 of 9 MAC:13437-006 4513034_1 10/18/2021 2:24 PM 1 59. Alternatively, should the Court reject the above discovery plan, the parties 2 request that the Court hold a hearing to discuss the status of discovery in the case. 3 Dated this 18th day of October, 2021 Dated this 18th day of October, 2021 4 MARQUIS AURBACH COFFING ROTHSTEIN DONATELLI LLP By: /s/Collin Jayne Phillip S. Aurbach, NV Bar No. 1501 Collin M. Jayne, NV Bar No. 13899 Attorneys for Plaintiffs By: /s/ Reed Bienvenu Richard W. Hughes (pro hac vice) Donna M. Connolly (pro hac vice) Reed C. Bienvenu (pro hac vice) 5 6 7 8 9 11 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 BAILEY KENNEDY Dennis L. Kennedy, NV Bar No. 1462 Paul C. Williams, NV Bar No. 12524 Attorneys for Defendants Ahmad Razaghi and Razaghi Development Company, LLC 12 13 14 IT IS SO ORDERED: 15 16 17 18 19 _________________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 19, 2021 DATED: October ________________ 20 21 22 23 24 25 26 27 Page 8 of 9 MAC:13437-006 4513034_1 10/18/2021 2:24 PM 1 2 CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing STIPULATION AND 3 ORDER TO EXTEND DISCOVERY AND CASE SCHEDULING DEADLINES 4 (FIRST REQUEST) with the Clerk of the Court for the United States District Court by using 5 the court’s CM/ECF system on the 18th day of October, 2021. 6 Z I further certify that all participants in the case are registered CM/ECF users 7 and that service will be accomplished by the CM/ECF system. 8 El I further certify that some of the participants in the case are not registered 9 CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, 11 the following non-CM/ECF participants: 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to 12 N/A 13 14 /s/ Krista Busch An employee of Marquis Aurbach Coffing 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 9 of 9 MAC:13437-006 4513034_1 10/18/2021 2:24 PM
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