Vargas v. USAA Federal Savings Bank, No. 2:2021cv00519 - Document 20 (D. Nev. 2021)
Court Description: SCHEDULING ORDER granting 19 Discovery Plan and Scheduling Order. Discovery due by 10/26/2021. Motions due by 2/10/2022. Proposed Joint Pretrial Order due by 3/11/2022. Signed by Magistrate Judge Brenda Weksler on 6/8/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Vargas v. USAA Federal Savings Bank Doc. 20 Case 2:21-cv-00519-GMN-BNW Document 19 Filed 06/04/21 Page 1 of 6 1 2 3 4 5 Steven A. Alpert (NV 8353) PRICE LAW GROUP, APC 5940 S. Rainbow Rd. Las Vegas, NV 89118 T: (866) 881-2133 F: (866) 401-1457 E: alpert@pricelawgroup.com Attorney for Plaintiff Kristine Vargas 6 UNITED STATES DISTRICT COURT DISRTICT OF NEVADA 7 8 9 KRISTINE VARGAS Case No.: 2:21-cv-00519-GMN-BNW 10 Plaintiff, STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER 11 vs. 12 13 14 USAA FEDERAL SAVINGS BANK Defendant. 15 16 SUBMITTED IN COMPLIANCE WITH LR 26-1(b) 17 Plaintiff Kristine Vargas (“Plaintiff”), and Defendant USAA Federal Savings 18 Bank (“USAA”), by and through undersigned counsel of record, hereby submit their 19 stipulated Discovery Plan and Scheduling Order pursuant to Federal Rule of Civil 20 Procedure 16 and 26 as well as LR 16-1 and 26-1. It is hereby requested that the Court 21 enter the following discovery plan and scheduling order. 22 1. Meeting: Pursuant to Fed. R. Civ. P. 26(f) and LR 26-1(a), a telephonic meeting 23 was held on June 3, 2021, and was attended by: 24 Dawn M. McCraw on behalf of Plaintiff 25 -1- Dockets.Justia.com Case 2:21-cv-00519-GMN-BNW Document 19 Filed 06/04/21 Page 2 of 6 1 Priscilla L. O’Briant on behalf of Defendant USAA 2 2. Subject of Discovery: Discovery will be needed on the following subjects: All 3 claims set forth in the complaint as well as the defenses relevant in this action. No 4 discovery phases are needed or requested by the parties at this time. 5 Plaintiff- Plaintiff expects discovery to be similar to most TCPA litigation and 6 believes that no changes to the federal rules are appropriate and all discovery is 7 8 9 limited by the federal rules which require that discovery be proportional to the needs of the case. 10 Defendant - Defendant generally agrees with Plaintiff’s statement. Defendant’s 11 discovery will primarily relate to Plaintiff’s account with Defendant, including her 12 debt, the phone calls at issue and alleged revocation of consent, Plaintiff’s evidence 13 14 15 that Defendant allegedly used an automatic telephone dialing system and/or prerecorded voice calls, and alleged damages. 16 17 3. Discovery Cut-Off Date: Discovery will take 180 days, measured from Defendant 18 USAA’s Motion to Dismiss on April 29, 2021. The discovery cut-off date, 19 therefore, will be October 26, 2021. 20 21 4. Special Discovery Issues: The parties do not anticipate discovery issues at this time 22 and do not foresee any issues arising from the disclosure of electronically stored 23 information. The parties agree they may serve discovery requests, discovery 24 response, and disclosures via electronic mail only with no need for subsequent hard 25 copies to be mailed. The parties further intend to present evidence in electronic -2- Case 2:21-cv-00519-GMN-BNW Document 19 Filed 06/04/21 Page 3 of 6 1 2 format to jurors for the purpose of jury deliberations. The parties reserve the right to amend this plan either through stipulation or motion. 3 5. Changes to Discovery Limitations: The parties have no proposed changes to the 4 limitations on discovery under the Federal Rules of Civil Procedure. The parties 5 expect discovery to be similar to most litigation and believe that no changes to the 6 federal rules are appropriate and all discovery is limited by the federal rules which 7 8 9 require that discovery be proportional to the needs of the case. 6. Discovery and Scheduling Dates 10 Fact Discovery Cut-Off: October 26, 2021 11 Deadline to Amend Pleadings: June 22, 2021 12 Deadline to Disclose Initial Expert Disclosures: November 25, 2021 13 14 Deadline to Disclose Rebuttal Expert Disclosures: December 27, 2021 15 Deadline to conduct Expert Depositions: January 28, 2022 16 Deadline to File Dispositive Motions: February 10, 2022 17 The fact discovery cut-off date is 180 days from Defendant’s appearance in this 18 case, in accordance with LR 26-1(b)(1). However, the parties propose extending 19 dates for expert disclosures, depositions, and dispositive motions. As grounds, the 20 21 parties state that both sides anticipate retaining experts in this matter. However, the 22 nature and scope of expert testimony required cannot be determined until the 23 completion of fact discovery. Accordingly, the parties propose a fact discovery 24 deadline in accordance with local rules, but request the above additional time for 25 expert discovery and dispositive motions. -3- Case 2:21-cv-00519-GMN-BNW Document 19 Filed 06/04/21 Page 4 of 6 1 7. Settlement: The parties have not yet engaged in settlement discussions. 2 8. Alternative Dispute Resolutions: The parties agree that a settlement conference 3 with the Magistrate Judge could be productive at a later date, likely after discovery 4 has been conducted. 5 9. Alternative Forms of Case Dispositions: The parties discussed trial by a 6 Magistrate Judge and use of the Short Trial Program. The parties do not agree to 7 8 trial by Magistrate Judge or the use of the Short Trial Program. 9 10. Document Production: Documents produced in this action may be delivered (1) 10 as a hardcopy document, (2) in electronic format as set forth above, (3) on a CD- 11 ROM, or (4) as otherwise agreed by the parties or determined by the Court. 12 11. Electronic Service: The parties agree to electronic service of discovery document 13 14 production where practical. To the extent discovery requests are electronically 15 served on a Saturday, Sunday, or legal holiday, service will be deemed effective the 16 next day that is not a Saturday, Sunday, or legal holiday. The parties reserve the 17 right to effectuate service by any manner allowed under Fed. R. Civ. P. 5(b). 18 12. Electronic Evidence: The parties intend to present evidence in electronic format 19 should this dispute be placed before a jury, however, the parties reserve the right to 20 21 submit hard copies of any exhibits to the jury, if necessary, and to amend this plan 22 by either stipulation or motion. No stipulations have yet been reached on this issue. 23 13. Protective Order for Confidential Documents and Information: The parties 24 intend to file a protective order once agreed upon. 25 -4- Case 2:21-cv-00519-GMN-BNW Document 19 Filed 06/04/21 Page 5 of 6 1 14. Pre-trial Order: The parties shall file a joint pre-trial order no later than thirty (30) 2 days after the date set for filing dispositive motions. In the event that parties file a 3 dispositive motion, the date set for filing the joint pre-trial order shall be suspended 4 until thirty (30) days after a decision on the dispositive motions or further order of 5 the Court. The disclosure required by Federal Rule of Civil Procedure 26(a)(3) and 6 objections thereto shall be made in the pre-trial order. 7 8 15. Initial Disclosures: The parties’ initial disclosures (including initial document 9 production) will be made on or before 28 days after the 26(f) meeting, which was 10 held on June 3, 2021--making initial disclosures due July 1, 2021. Any party seeking 11 damages shall comply with Federal Rules of Civil Procedure 26(a)(1)(A)(iii). The 12 parties agree that Defendant USAA’s Initial Disclosure Statement shall be due 28 13 14 15 16 days after the Court rules on USAA’s Motion to Dismiss. 16. Extension of Discovery Deadline: LR 26 governs modifications or extension to this discovery plan and scheduling order. 17 RESPECTFULLY SUBMITTED, 18 19 20 21 22 23 24 25 Dated: June 4, 2021 By: /s/Steven A. Alpert Steven A. Alpert (NV 8353) PRICE LAW GROUP, APC 5940 S. Rainbow Rd. Las Vegas, NV 89118 T: (866) 881-2133 F: (866) 401-1457 E: alpert@pricelawgroup.com Attorneys for Plaintiff, Kristine Vargas -5- Case 2:21-cv-00519-GMN-BNW Document 19 Filed 06/04/21 Page 6 of 6 By: /s/Priscilla L. O’Briant Robert W. Freeman (NV 3062) Priscilla L. O’Briant (NV 10171) LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, NV 89118 T: (702) 893-3383 F: (702) 893-3789 E: Robert.freeman@lewisbrisbois.com; priscilla.obriant@lewisbrisbois.com Attorneys for Defendant USAA Federal Savings Bank 1 2 3 4 5 6 7 8 9 10 Order OF SERVICE CERTIFICATE IT IS SO ORDERED I hereby certify that on June 4, 2021, I electronically filed the foregoing with the 11 12 13 14 DATED: 11:16 am, June 08, 2021 Clerk of the Court using the ECF system, which will send notice of such filing to all attorneys of record in this matter. BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE /s/Jacey Gutierrez 15 16 17 18 19 20 21 22 23 24 25 -6-
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