Bedroc Limited, LLC v. Fireworks by Grucci, Inc., No. 2:2021cv00936 - Document 13 (D. Nev. 2021)
Court Description: ORDER Denying 12 Motion to Extend Time without prejudice. Signed by Magistrate Judge Brenda Weksler on 9/13/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Bedroc Limited, LLC v. Fireworks by Grucci, Inc. Doc. 13 Case 2:21-cv-00936-RFB-BNW Document 13 12 Filed 09/13/21 09/10/21 Page 1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRCT OF NEVADA 10 BEDROC LIMITED, LLC, 12 CASE NO.: 2:21-cv-00936-RFB-BNW Plaintiff, 11 Henderson, Nevada 89012 170 South Green Valley Parkway, Suite 300 TYSON & MENDES LLP CHERYL H. WILSON Nevada Bar No. 8312 Email: cwilson@tysonmendes.com VICTORIA L. HIGHTOWER Nevada Bar No. 10897 Email: vhightower@tysonmendes.com 170 South Green Valley Parkway, Suite 300 Henderson, Nevada 89012 Tel: (702) 724-2648 Fax: (702) 410-7684 Attorneys for Defendant, Fireworks by Grucci, Inc. vs. MOTION TO EXTEND PRETRIAL DEADLINES AND TO MODIFY JOINT DISCOVERY PLAN AND SCHEDULING ORDER FIREWORKS BY GRUCCI, INC., (First Request) 13 14 Defendants. 15 16 TO THE HONORABLE BRENDA N. WEKSLER 17 Defendant FIREWORKS BY GRUCCI, INC. (“Defendant”) by and through its 18 attorney of record TYSON & MENDES LLP, respectfully submits its First Motion to 19 Extend Pretrial Deadlines and to Modify the current Joint Discovery Plan and Scheduling 20 Order. The parties respectfully show this Court: 21 1. Defendant requests that the Court extend the pretrial deadlines for Fed. R. 22 Civ. P. 26(a)(2) disclosures of experts (initial designations & rebuttal experts), and the 23 remaining deadlines, as set forth in the Joint Stipulated Discovery Plan & Scheduling Order 24 (ECF No. 10), and enter the Proposed Order Extending Pretrial Deadlines and Modifying 25 Scheduling Order attached hereto as Exhibit "A". 26 2. Pursuant to LR 26-4, Defendant has good cause for extension of the 27 remaining pretrial deadlines in this case. Defendant’s motion for an extension of the 28 1 Dockets.Justia.com Henderson, Nevada 89012 170 South Green Valley Parkway, Suite 300 Case 2:21-cv-00936-RFB-BNW Document 13 12 Filed 09/13/21 09/10/21 Page 2 of 6 1 deadlines for Fed. R. Civ. P. 26(a)(2) disclosures of experts are in advance of the expiration 2 of those deadlines (currently October 1, 2021 for initial expert disclosures and November 1, 3 2021 for rebuttal experts) and are a result of excusable circumstances as Defendant requires 4 additional time to secure an expert to inspect and valuate the alleged damage to the property. 5 Defendant has contacted several companies counsel has worked with in the past concerning 6 fire damage, but none have experience with claims to land, as opposed to actual structures. 7 As such, counsel requests additional time to secure an expert and to coordinate with Plaintiff 8 concerning an inspection of the property. 9 3. Pursuant to LR 26-4, Defendant’s motion for stipulated extensions is requested 10 based on the following: a) As of the date of this Motion, the following discovery has been 11 completed: the Plaintiff and Defendant conducted their FRCP 26(f) conference; Plaintiff and 12 Defendant each served their Initial Disclosures with initial document production, with 13 ongoing supplementation. b) As of the date of this Motion, the following discovery remains to be completed: 14 15 1. Written discovery to Plaintiff and Defendants; 16 2. Depositions of the parties; 17 3. Designation and expert and rebuttal witnesses 18 c) Defendant’s motion for stipulated extensions of the deadlines for Fed. R. Civ. P. 19 26(a)(2) are in advance of the expiration of those deadlines and are the result of excusable 20 circumstances due to the difficulty in securing an expert with adequate fire restoration 21 experience, concerning this type of property, to inspect and valuate the alleged damage to 22 the property. In addition, Defendant will also engage in pursuing its own discovery, and 23 extending the deadlines will ensure it has sufficient time to do so. The parties jointly 24 stipulate to and request extensions of time to designate their experts, until on or before 25 December 1, 2021 and to disclose any rebuttal experts, until on or before December 26 31, 2021. Defendant requests to extend the current discovery deadline to January 31, 27 2022. 28 /// 2 Case 2:21-cv-00936-RFB-BNW Document 13 12 Filed 09/13/21 09/10/21 Page 3 of 6 1 d) Defendant includes for the Court's consideration its Proposed Order Extending the 2 Deadlines proposed herein. Defendant respectfully requests that the Court find that 3 Defendant has demonstrated the requisite showings of advance requests and of good cause 4 due to excusable circumstances, grant its First Motion to Extend Pretrial Deadlines and to 5 Modify the current Order governing Pretrial Deadlines in this case, and enter the Proposed 6 Order Extending Pretrial Deadlines attached hereto as Exhibit "A". DATED this 10th day of September, 2021. TYSON & MENDES LLP 7 8 /s/ Victoria L. Hightower 9 CHERYL H. WILSON Nevada Bar No. 8312 VICTORIA L. HIGHTOWER Nevada Bar No. 10897 170 S. Green Valley Parkway, Suite 300 Henderson, Nevada 89012 Attorneys for Defendant Fireworks by Grucci, Inc. 11 Henderson, Nevada 89012 170 South Green Valley Parkway, Suite 300 10 12 13 14 15 16 17 18 19 20 CERTIFICATE OF SERVICE The undersigned, an employee of Tyson & Mendes LLP, hereby certifies that on the 10th day of September, 2021, a copy of MOTION TO EXTEND PRETRIAL DEADLINES AND TO MODIFY JOINT DISCOVERY PLAN AND SCHEDULING ORDER (First Request), was served electronically to all parties of interest through the CM/ECF electronic filing system. 21 22 23 24 25 26 27 28 /s/ Allison Zeason Order An employee of Tyson & Mendes LLP IT IS ORDERED that ECF No. 12 is DENIED without prejudice. ECF No. 12 is labeled as a motion but also states that the parties stipulate to the requested relief. Defendant is to refile the motion as either a motion or a stipulation, whichever is applicable, and comply with the Local Rules in all respects. IT IS SO ORDERED DATED: 9:32 am, September 13, 2021 3 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE Case 2:21-cv-00936-RFB-BNW Document 13 12 Filed 09/13/21 09/10/21 Page 4 of 6 1 2 3 4 5 6 7 8 9 EXHIBIT “A” 11 Henderson, Nevada 89012 170 South Green Valley Parkway, Suite 300 10 12 13 14 MOTION TO EXTEND PRETRIAL DEADLINES AND TO MODIFY JOINT 15 DISCOVERY PLAN AND SCHEDULING ORDER (First Request) 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case 2:21-cv-00936-RFB-BNW Document 13 12 Filed 09/13/21 09/10/21 Page 5 of 6 1 2 3 4 5 6 7 TYSON & MENDES LLP CHERYL H. WILSON Nevada Bar No. 8312 Email: cwilson@tysonmendes.com VICTORIA L. HIGHTOWER Nevada Bar No. 10897 Email: vhightower@tysonmendes.com 170 South Green Valley Parkway, Suite 300 Henderson, Nevada 89012 Tel: (702) 724-2648 Fax: (702) 410-7684 Attorneys for Defendant, Fireworks by Grucci, Inc. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 11 Henderson, Nevada 89012 170 South Green Valley Parkway, Suite 300 10 BEDROC LIMITED, LLC, 14 PROPOSED ORDER EXTENDING PRETRIAL DEADLINES AND MODIFYING JOINT DISCOVERY PLAN AND SCHEDULING ORDER Plaintiff, 12 13 Case No.: 2:21-cv-00936-RFB-BNW vs. FIREWORKS BY GRUCCI, INC., 15 Defendants. 16 Defendant FIREWORKS BY GRUCCI, INC. (“Defendant”) by and through its attorney 17 18 19 20 21 22 23 24 of record TYSON & MENDES LLP, and Plaintiff BEDROC LIMITED, LLC ("Plaintiff"), by and through its attorney of record HOLLEY DRIGGS, and hereby submits this Proposed Order Extending Pretrial Deadlines, as follows: Fed. R. Civ. P. 26(a)(2) Disclosures (Experts): The parties' disclosures of experts shall be made on or before December 1, 2021. Disclosure of rebuttal experts shall be made by December 31, 2021, which is 30 days after the initial disclosure of experts. Discovery cut-off shall be on January 31, 2022. /// 25 26 27 /// /// 28 1 Case 2:21-cv-00936-RFB-BNW Document 13 12 Filed 09/13/21 09/10/21 Page 6 of 6 1 DATED this 10th day of September, 2021. 2 TYSON & MENDES LLP 3 4 5 6 7 8 /s/ Victoria L. Hightower CHERYL H. WILSON Nevada Bar No. 8312 VICTORIA L. HIGHTOWER Nevada Bar No. 10897 170 S. Green Valley Parkway, Suite 300 Henderson, Nevada 89012 Attorneys for Defendant Fireworks by Grucci, Inc. 9 11 Henderson, Nevada 89012 170 South Green Valley Parkway, Suite 300 10 12 IT IS SO ORDERED DATED: _____________________________ 13 14 15 ______________________________________ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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