Richard Zeitlin et al v. Bank of America, N.A., No. 2:2018cv01919 - Document 60 (D. Nev. 2020)
Court Description: SCHEDULING ORDER granting 57 Stipulation to Extend Discovery Deadlines as set by: 47 Order on Stipulation. Discovery due by 11/16/2020. Motions due by 12/21/2020. Proposed Joint Pretrial Order due by 1/18/2021. Signed by Magistrate Judge Daniel J. Albregts on 6/16/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Richard Zeitlin et al v. Bank of America, N.A. Doc. 60 Case 2:18-cv-01919-RFB-DJA Document 57 Filed 06/15/20 Page 1 of 7 1 2 3 4 5 6 7 8 9 Amy F. Sorenson, Esq. Nevada Bar No. 12495 Blakeley E. Griffith, Esq. Nevada Bar No. 12386 Kiah D. Beverly-Graham, Esq. Nevada Bar No. 11916 SNELL & WILMER L.L.P. 3883 Howard Hughes Pkwy, #1100 Las Vegas, Nevada 89169 Telephone: 702-784-5200 Facsimile: 702-784-5252 Email: asorenson@swlaw.com bgriffith@swlaw.com kbeverly@swlaw.com Attorneys for Defendant Bank of America, N.A. UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 11 12 13 14 15 16 17 RICHARD ZEITLIN, ADVANCED TELEPHONY CONSULTANTS, MRZ MANAGEMENT, LLC, DONOR RELATIONS, LLC, TPFE, INC., AMERICAN TECHNOLOGY SERVICES, COMPLIANCE CONSULTANTS, CHROME BUILDERS CONSTRUCTION, INC., UNIFIED DATA SERVICES; STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINES (FOURTH REQUEST) Plaintiffs, 18 19 v. 20 BANK OF AMERICA, N.A. and JOHN AND JANE DOES 1-100, 21 Case No.: 2:18-cv-01919-RFB-DJA Defendants. 22 23 Plaintiffs Richard Zeitlin, Advanced Telephony Consultants, MRZ Management, LLC, 24 Donor Relations, LLC, TPFE, Inc., American Technology Services, Compliance Consultants, 25 Chrome Builders Construction, and Unified Data Services (“Plaintiffs”) and Defendant Bank of 26 America, N.A. (“BANA” and together with Plaintiffs the “Parties” and each a “Party”), through 27 their counsel of record hereby respectfully request the Court enter an order, pursuant to Local 28 Rules IA 6-1 and II 26-4, extending the discovery deadlines set forth in the Court’s Order entered 26-3 Dockets.Justia.com Case 2:18-cv-01919-RFB-DJA Document 57 Filed 06/15/20 Page 2 of 7 1 on May 23, 2019 (ECF No. 35), as amended by so-ordered stipulations of the Parties on 2 September 3, 2019, December 2, 2019, and March 3, 2020 (ECF Nos. 40, 45, and 47) 3 (collectively the “Scheduling Order”). 4 The deadlines in the Scheduling Order that the Parties are seeking to extend have not 5 expired. The next deadline in the Scheduling Order is the June 22, 2020 deadline for expert 6 disclosures. The current discovery close deadline is August 18, 2020, and dispositive motions are 7 due September 21, 2020. The Parties request a Court order extending those and other related 8 litigation deadlines based on the date of the resolution of Parties’ discovery motions, discussed 9 below. 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 11 12 I. Discovery Completed The Parties have completed the following discovery and have made significant progress since entry of the Scheduling Order: 13 1. All Parties have completed initial disclosures. 14 2. Plaintiffs have propounded requests for production of documents, requests for 15 16 17 18 19 20 21 22 23 24 25 admission, and interrogatories on BANA. 3. BANA initially responded to Plaintiffs’ written discovery with timely responses and objections and made two productions of documents. 4. BANA propounded requests for production of documents, requests for admission, and interrogatories on the Plaintiffs. 5. The Plaintiffs provided initial responses and objections to BANA’s written discovery. 6. The Parties negotiated—and the Court entered—a stipulated protective order governing the production of additional, confidential and sensitive documents. 7. Following entry of the stipulated protective order, all Parties supplemented their documentary productions with additional documents. 26 8. Plaintiffs filed their Motion to Compel Discovery and For Attorney’s Fees (ECF 27 No. 48) under seal on May 26, 2020 (“Motion to Compel”). BANA’s response to 28 this motion is pending. -2- Case 2:18-cv-01919-RFB-DJA Document 57 Filed 06/15/20 Page 3 of 7 1 9. Plaintiffs filed their Motion to Unseal Court Documents (ECF No. 52) filed on 2 June 4, 2020 (“Motion to Unseal”). BANA’s response to this motion is pending. 3 II. 4 5 The Parties anticipate that the following discovery will need to be completed prior to any dispositive briefing or trial: 6 1. The Parties have been unable to reach agreement on a number of discovery issues 7 which are the subjects of the Motion to Compel and the Motion to Unseal. 8 2. BANA may need to file its own motion seeking the production of additional 9 relevant documents (together with the Motion to Compel and Motion to Unseal the L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 10 Snell & Wilmer Discovery to be Completed “Discovery Motions”). 11 3. Expert disclosures and rebuttal experts, if necessary. 12 4. Depositions of Parties and their experts. Currently, there are eight Plaintiffs. The 13 Parties anticipate conducting approximately 6-8 Party depositions, including 14 30(b)(6) witnesses for Plaintiffs and BANA. 15 5. Depositions of non-party witnesses. 16 17 The Parties anticipate conducting the depositions of several non-party witnesses. III. Good Cause for Extending Discovery and Dispositive Motion Deadlines 18 The Parties jointly request this extension so that they may complete discovery and prepare 19 their prosecution and defense in this litigation which involves significant numbers of complex and 20 confidential documents. The Parties have not been dilatory. Since the prior request for an 21 extension of time in March 2020, the Parties have attempted to resolve – including through 22 BANA’s production of additional documents – a number of discovery disputes. Despite the 23 Parties’ diligent efforts through the exchange of letters and a lengthy discovery conference, 24 certain issues remain intractable and now require the intervention of the Court for resolution. 25 The issues in dispute are numerous, and certain of them are particularly complex. 26 Specifically, BANA has objected to the production of certain documents and information based 27 on the disclosure prohibition contained in the Bank Secrecy Act and enacting regulations. See, 28 e.g., 31 U.S.C. § 5318(g)(2)(A)(i); 31 C.F.R. § 1020.320(e); 12 C.F.R. § 21.11(k); 75 Fed. Reg. -3- L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer Case 2:18-cv-01919-RFB-DJA Document 57 Filed 06/15/20 Page 4 of 7 1 75593 (Dec. 3, 2010); 75 Fed. Reg. 75576 (Dec. 3, 2010). Plaintiff has taken issue with these 2 objections. This dispute raises issues of statutory construction and important public policy 3 considerations for which there is little 9th Circuit authority. Plaintiffs’ moving papers on this 4 issue are among those filed in connection with the Discovery Motions, and BANA’s response is 5 pending. 6 The Parties agree that disposition of certain of the disputes raised by the Discovery 7 Motions is a condition to the preparation of meaningful expert disclosures and conducting 8 effective depositions, though they do not agree on the underlying reasons for this. Plaintiffs’ 9 position is that resolution of their motion may result in substantial additional documents and 10 information being produced by both sides, all of which would need to be included in expert 11 analysis and deposition preparation. Completion of these tasks will also require additional time. 12 BANA does not agree that Plaintiffs could not have proceeded to deposition or prepared expert 13 reports utilizing the discovery so far; rather, it believes a condition to depositions and expert 14 reports is its receipt of documents from Plaintiffs, substantiating their damages. Though for 15 different reasons, the Parties agree that additional time is necessary to complete depositions. 16 All of this is against the backdrop of the COVID-19 pandemic, which continues to affect 17 the ability of the parties and their counsel to work through the discovery issues in this case. In 18 particular, the BANA employees with the knowledge of the relevant facts continue to operate 19 from a remote environment which limits their ability to research the factual issues raised in the 20 motion. Counsel faces similar issues, which also pose challenges related to child care. The Parties 21 agree that this is an additional factor warranting the extension requested. 22 The Parties agree that the foregoing constitutes good cause for the extensions requested 23 herein. This is the Parties’ fourth request to extend these deadlines. This request is not made for 24 any deleterious purpose or to cause delay and is made timely and in good faith. Further, the 25 Parties agree that this request will not delay these proceedings unnecessarily and will cause no 26 prejudice to either side. 27 /// 28 /// -4- Case 2:18-cv-01919-RFB-DJA Document 57 Filed 06/15/20 Page 5 of 7 1 IV. Proposed Schedule 2 3 Event Existing Deadline 4 Expert Disclosures June 22, 2020 5 Interim Status Report June 22, 2020 8 Rebuttal Expert Disclosures July 22, 2020 9 Close of Discovery August 18, 2020 10 Dispositive Motions 11 Pretrial Order 6 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 7 12 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Proposed Deadline September 21, 2020 N/A – this report is no longer required pursuant to the April 17, 2020 amendments to the Local Rules of Practice October 21, 2020 November 16, 2020 December 21, 2020 September 21, 2020 October 20, 2020, or 30 January 18, 2021 or 30 days days after a decision on after a decision on any any dispositive motion. dispositive motion. -5- Case 2:18-cv-01919-RFB-DJA Document 57 Filed 06/15/20 Page 6 of 7 1 2 3 4 The Parties respectfully request that the Court enter this Stipulation as an order and extend the deadlines set out in the Scheduling Order. IT IS SO STIPULATED. Dated: June 15, 2020 DATED: June 15, 2020 THE BERNHOFT LAW FIRM, S.C. SNELL & WILMER L.L.P. /s/ Robert G. Bernhoft (with permission) Robert G. Bernhoft, Esq. Admitted Pro Hac Vice Wisconsin Bar No. 1032777 Thomas E. Kimble, Esq. Admitted Pro Hac Vice Illinois Bar No. 6257935 Daniel James Treuden, Esq. Wisconsin Bar No. 1052766 1402 E. Cesar Chavez Street Austin, Texas 78702 /s/ Kiah Beverly-Graham Amy F. Sorenson, Esq. Nevada Bar No. 12495 Blakeley E. Griffith, Esq. Nevada Bar No. 12386 Kiah D. Beverly-Graham, Esq. Nevada Bar No. 11916 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 11 12 13 16 Joel F. Hansen, Esq. Nevada Bar No. 1876 Hansen & Hansen, LLC 9030 W. Cheyenne Avenue, #210 Las Vegas, Nevada 89129 17 Attorneys for Plaintiffs 14 15 Attorneys for Defendant Bank of America, N.A. 18 19 20 21 22 IT IS SO ORDERED. 23 24 ____________________________________ UNITED STATES MAGISTRATE JUDGE 25 June 16, 2020 DATED: ____________________________ 26 27 28 -6- Case 2:18-cv-01919-RFB-DJA Document 57 Filed 06/15/20 Page 7 of 7 1 CERTIFICATE OF SERVICE 2 I hereby certify that on this date, I electronically filed the foregoing STIPULATION 3 AND ORDER EXTENDING DISCOVERY DEADLINES (FOURTH REQUEST) with the 4 Clerk of the Court for the U. S. District Court, District of Nevada by using the Court’s CM/ECF 5 system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF 6 system. 7 8 9 DATED: June 15, 2020. /s/ Lara J. Taylor An Employee of Snell & Wilmer L.L.P. 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702-784--5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7-
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