Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada et al v. PEGASUS MARBLE, INC. et al, No. 2:2020cv00224 - Document 31 (D. Nev. 2020)
Court Description: ORDER granting in part and denying in part 29 Stipulation to Extend Discovery Deadlines. The Court will extend the deadlines in the operative DPSO by 92 days. The discovery deadline is therefore 2/15/2021. This will allot the parties 122 days of discovery (rather than 180) beginning from the date that the parties filed their stipulation. The Court declines at this time to grant the parties' request for a 6-month extension because it does not believe there exists good cause for such a lengthy extended period. If the parties find they are unable to complete discovery within the extended period then the Court is happy to consider a stipulation or motion. Signed by Magistrate Judge Brenda Weksler on 10/20/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Trustees of the Bricklayers & Allied Craftworkers Local 13 Def...et al v. PEGASUS MARBLE, INC. et al Doc. 31 Case 2:20-cv-00224-GMN-BNW Document 29 Filed 10/16/20 Page 1 of 7 1 2 3 4 5 6 THE URBAN LAW FIRM MICHAEL A. URBAN, Nevada State Bar No. 3875 NATHAN R. RING, Nevada State Bar No. 12078 4270 S. Decatur Blvd., Suite A-9 Las Vegas, Nevada 89103 Telephone: (702) 968-8087 Facsimile: (702) 968-8088 Electronic Mail: murban@theurbanlawfirm.com nring@theurbanlawfirm.com Counsel for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 15 16 17 18 TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 DEFINED CONTRIBUTION PENSION TRUST FOR SOUTHERN NEVADA; TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 HEALTH BENEFITS FUND; TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 VACATION FUND; BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 NEVADA; TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES INTERNATIONAL PENSION FUND; TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES INTERNATIONAL HEALTH FUND; and TRUSTEES OF THE INTERNATIONAL MASONRY INSTITUTE, 19 vs. 21 PEGASUS MARBLE, INC., a Nevada corporation; CYGNUS LLC, a Nevada limited liability company; and GAGIK ZARGARYAN, an individual, TOKIO MARINE HCC dba AMERICAN CONTRACTORS INDEMNITY COMPANY, a California insurance corporation, 23 24 25 JOINT MOTION AND STIPULATION REQUESTING EXTENSION OF DISCOVERY DEADLINES [FIRST REQUEST] Plaintiffs, 20 22 CASE NO: 2:20-cv-00224-GMN-BNW Defendants. 26 27 28 1 171556 Dockets.Justia.com Case 2:20-cv-00224-GMN-BNW Document 29 Filed 10/16/20 Page 2 of 7 1 Plaintiffs, TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 2 DEFINED CONTRIBUTION PENSION TRUST FOR SOUTHERN NEVADA; TRUSTEES OF THE 3 BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 HEALTH BENEFITS FUND; 4 TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 VACATION 5 FUND; BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 NEVADA; TRUSTEES OF THE 6 BRICKLAYERS & TROWEL TRADES INTERNATIONAL PENSION FUND; TRUSTEES OF THE 7 BRICKLAYERS & TROWEL TRADES INTERNATIONAL HEALTH FUND; and TRUSTEES OF 8 THE INTERNATIONAL MASONRY INSTITUTE, by and through their counsel of record, and 9 Defendants, PEGASUS MARBLE, INC., a Nevada corporation; CYGNUS LLC, a Nevada limited 10 liability company; GAGIK ZARGARYAN, an individual, and TOKIO MARINE HCC dba AMERICAN 11 CONTRACTORS INDEMNITY COMPANY, a California insurance corporation, by and through their 12 counsel of record, jointly stipulate and move this Court to extend the discovery deadlines in this matter 13 by 180 days under the schedule below. This is the parties’ first request for extension of discovery in this matter. The overriding purpose 14 15 for requesting the extension of discovery is the recent addition of Defendant TOKIO MARINE HCC dba 16 AMERICAN CONTRACTORS INDEMNITY COMPANY. No discovery has yet been conducted by or 17 from this Defendant in this matter. This defendant was added via amendment and just answered the 18 Amended Complaint on September 29, 2020. The entry of this new defendant presents good cause for 19 adding time to the current discovery schedule in place. In response to the local rules requirements for granting of such extension the parties state as 20 21 22 follows: a) A statement specifying the discovery completed by the parties as of the date of the motion 23 or stipulation. 24 So far the initial parties to this case which consisted of the Plaintiffs and Defendants, PEGASUS 25 MARBLE, INC., a Nevada corporation; CYGNUS LLC, a Nevada limited liability company; and 26 GAGIK ZARGARYAN, an individual, have conducted the following discovery in this matter: 1. Plaintiffs served the following: 27 28 2 171556 Case 2:20-cv-00224-GMN-BNW Document 29 Filed 10/16/20 Page 3 of 7 I. 1 Requests for Admissions, Requests for Production and Interrogatories upon Pegasus Marble. 2 II. 3 Requests for Admissions, Requests for Production and Interrogatories upon Cygnus III. LLC. Requests for Admissions, Requests for Production and Interrogatories upon Gagik Zargaryan. 6 IV. Third party subpoena upon Bank of America 7 V. Third party subpoena upon The Nevada Contractors Board 8 VI. Third party subpoena upon The Nevada Secretary of State. 4 5 9 Defendants have responded to Interrogatories and Requests for Admissions. They are in the 10 process of compiling the voluminous records requested by Plaintiffs. All three third party subpoenas 11 have been responded to and resulted in significant production of documents. 12 2. Defendants served the following upon the Plaintiffs 13 I. 14 Requests for Admissions, Requests for Production and Interrogatories upon the Plaintiff Trust Funds. 15 II. 16 Requests for Admissions, Requests for Production and Interrogatories upon Local 13. The Plaintiffs are currently working on responses to the written discovery noted above served by 17 the Defendants. In addition to the requests and responses described in this section, the Plaintiffs and 18 original defendants served initial disclosures upon one another. 19 b) A specific description of the discovery that remains to be completed. 20 Significant discovery remains to be completed in this matter. The discovery remaining to be 21 completed includes Requests for Admissions, Requests for Production and Interrogatories to be served 22 upon new defendant TOKIO MARINE HCC dba AMERICAN CONTRACTORS INDEMNITY 23 COMPANY by Plaintiffs. In addition, this defendant will serve written discovery requests and 24 interrogatories upon the Plaintiffs. With this defendant recently added to the case, there has been no 25 discovery conducted by or from it. 26 27 In addition to the written discovery to be conducted by and from the new defendant, Plaintiffs intend to depose Defendant Gagik Zargaryan and the persons most knowledgeable for Pegasus and 28 3 171556 Case 2:20-cv-00224-GMN-BNW Document 29 Filed 10/16/20 Page 4 of 7 1 Cygnus regarding those companies’ operations and formation. Defendants intend to depose persons most 2 knowledgeable from the Plaintiffs. c) The reasons why the remaining discovery was not completed within the time limit of the 3 4 existing discovery deadline. 5 There are several reasons why the discovery described in b) above have not been completed thus 6 far. First and foremost, discovery from defendant TOKIO MARINE HCC dba AMERICAN 7 CONTRACTORS INDEMNITY COMPANY was impossible prior to the company being added and 8 answering the amended complaint in this matter. The discovery remaining to be completed between the Plaintiffs and the original Defendants in 9 10 this matter has been delayed because of the COVID-19 pandemic. Specifically, a member of the staff of 11 the Defendants’ counsel tested positive for COVID-19. More generally, completing discovery and in 12 particular, identification of and production of documents has been made more difficult by the pandemic 13 and its limitations to in-person and in-office meetings. d) Proposed New Discovery Schedule. 14 Some of the current deadlines have passed but the parties believe the addition of the new 15 16 defendant and the circumstances related to the COVID-19 pandemic present good cause for the 17 continuance of these deadlines. Based upon the above information, the parties propose the following new 18 discovery deadlines in this matter: 19 Initial Disclosures Defendant Tokio Marine shall provide its initial disclosure statements and documents to Plaintiffs’ 20 21 counsel by October 29, 2020. 22 Discovery Cut-Off 23 The current discovery cut-off deadline is November 10, 2020. The parties propose this be moved 24 to May 10, 2021. This date is 181 days following the current date because the date 180 days from the 25 current date is a Sunday. 26 /// 27 /// 28 4 171556 Case 2:20-cv-00224-GMN-BNW Document 29 Filed 10/16/20 Page 5 of 7 1 Expert Disclosures 2 All prospective expert witnesses were required to be disclosed on or before September 11, 2020. 3 The parties propose the new date for this deadline as March 10, 2021. All prospective rebuttal expert 4 witnesses were required to be disclosed on or before October 12, 2020. The parties propose the new date 5 for this deadline as April 10, 2021. 6 Dispositive Motions The parties current deadline for filing dispositive motions in this case is December 10, 2020. The 7 8 parties propose the new dispositive motion deadline date of June 8, 2021. 9 Joint Pretrial Order 10 The current Joint Pretrial Order deadline in this case is January 11, 2021. The parties propose July 11 12, 2021 as the new Joint Pretrial Order deadline. This date is 182 days following the current date set 12 because the date 180 days falls on a Saturday. In the event dispositive motions are pending before the 13 Court on that date, the date for filing the Joint Pretrial Order shall be suspended until thirty days after the 14 date of the Court’s decision on the last dispositive motion. The parties make this request to extend deadlines in good faith and not for the purposes of undue 15 16 delay of these proceedings. The parties are requesting only the amount of additional time they deem 17 necessary for completion of discovery in this matter. 18 19 20 Dated: October 16, 2020 THE URBAN LAW FIRM 21 /s/ Nathan R. Ring MICHAEL A. URBAN, Nevada State Bar No. 3875 NATHAN R. RING, Nevada State Bar No. 12078 4270 S. Decatur Blvd., Suite A-9 Las Vegas, Nevada 89103 Telephone: (702) 968-8087 Facsimile: (702) 968-8088 Email: murban@theurbanlawfirm.com nring@theurbanlawfirm.com Counsel for Plaintiffs 22 23 24 25 26 27 28 5 171556 Case 2:20-cv-00224-GMN-BNW Document 29 Filed 10/16/20 Page 6 of 7 1 Dated: October 16, 2020 LAW OFFICE OF DANIEL MARKS 2 /s/ Adam Levine ADAM LEVINE, Nevada State Bar No. 4673 610 S. Ninth Street Las Vegas, NV 89101 Telephone: (702) 386-0536 Fax: (702) 386-6812 Email: ALevine@danielmarks.net Counsel for Defendants 3 4 5 6 7 8 9 10 11 12 13 14 ORDER The parties' stipulation is GRANTED in part and DENIED in part. The Court will extend the deadlines in the operative DPSO by 92 days. The discovery deadline is therefore 2/15/2021. This will allot the parties 122 days of (rather than 180) beginning ITdiscovery IS SO ORDERED: from the date that the parties filed their stipulation. The Court declines at this time to grant the parties' request for a 6-month extension because it does not believe there exists good cause for such a lengthy extended period. If the parties find they are unable to complete Dated:___________________ _____________________________________ discovery within the extended period then the Court is happy to consider a stipulation or UNITED STATES MAGISTRATE JUDGE motion. 15 IT IS SO ORDERED 16 DATED: 1:30 pm, October 20, 2020 17 18 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 6 171556
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