Henzel v. Wells Fargo Bank, N.A., No. 2:2022cv00529 - Document 77 (D. Nev. 2023)
Court Description: ORDER Granting 75 Stipulation regarding case schedule. Discovery due by 9/28/2023. Motions due by 1/18/2024. Proposed Joint Pretrial Order due by 2/20/2024. Signed by Magistrate Judge Nancy J. Koppe on 3/21/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Henzel v. Wells Fargo Bank, N.A. Doc. 77 Case 2:22-cv-00529-GMN-NJK Document 77 Filed 03/21/23 Page 1 of 7 1 Daniel C. Girard (pro hac vice) Jordan Elias (pro hac vice) 2 Makenna Cox (pro hac vice) GIRARD SHARP LLP 3 601 California Street, Suite 1400 San Francisco, California 94108 4 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 5 dgirard@girardsharp.com apolk@girardsharp.com 6 jelias@girardsharp.com mcox@girardsharp.com 7 Interim Co-Lead Counsel 8 [Additional Counsel on Signature Page] 9 Eric Gibbs (pro hac vice) David K. Stein (pro hac vice) Emily Beale (pro hac vice) GIBBS LAW GROUP LLP 1111 Broadway, Suite 2100 Oakland, CA 94607 Telephone: (510) 350-9700 Facsimile: (510) 350-9701 ehg@classlawgroup.com ds@classlawgroup.com eb@classlawgroup.com 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 In re J&J Investment Litigation Case No. 2:22-cv-00529-GMN-NJK 13 Assigned for All Purposes to: Hon. Gloria M. Navarro 14 STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE 15 16 (FIRST REQUEST) 17 LR 7-1, LR IA 6-2 18 19 Pursuant to LR 7-1, LR IA 6-1, and LR IA 6-2, Plaintiffs in the above-captioned action 20 (“Plaintiffs”) and Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) (collectively, the “Parties”) 21 jointly stipulate as follows: 22 WHEREAS, on September 28, 2022, the Court entered a Discovery Plan and Scheduling 23 Order setting out a case schedule (ECF No. 54); 24 WHEREAS, the parties have been implementing the phased discovery schedule reflected 25 in the Discovery Plan and Scheduling Order; 26 WHEREAS, in the first 90-day phase (August 4, 2022, to November 2, 2022), Wells Fargo 27 was to produce certain account-related documents responsive to certain of Plaintiffs’ First Set of 28 Requests for Documents; 1 STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO. 2:22-CV-00529-GMN-NJK Dockets.Justia.com Case 2:22-cv-00529-GMN-NJK Document 77 Filed 03/21/23 Page 2 of 7 1 WHEREAS, in the second 90-day phase beginning November 2, 2022, and ending January 2 31, 2023, the parties were to exchange document requests and responses thereto and produce their 3 documents; 4 WHEREAS, in the third 120-day phase beginning February 1, and ending May 31, 2023, 5 the parties were to conduct depositions and complete written discovery; 6 WHEREAS, during the second phase of discovery, the parties have been working 7 diligently to collect and produce documents. The scope of discovery has expanded, however, 8 from what the parties contemplated when they negotiated the phased discovery schedule reflected 9 in the Discovery Plan and Scheduling Order. Wells Fargo is currently collecting and producing 10 account records for forty-three accounts and documents and emails for nineteen Wells Fargo 11 custodians. Wells Fargo has produced over 20,000 documents totaling over 50,000 pages. Wells 12 Fargo continues to collect and produce documents on a rolling basis, which it anticipates it will 13 continue to do through at least the end of April 2023; 14 WHEREAS, to date, Plaintiffs have produced over 800 documents totaling over 3,500 15 pages and the parties are continuing to negotiate the production of additional documents; 16 WHEREAS, the parties have also engaged in substantial third party discovery. Wells 17 Fargo has served 17 subpoenas on Plaintiffs’ businesses and the former class representative and 18 Plaintiffs have served three subpoenas on other financial institutions and the State of Nevada; 19 WHEREAS, the parties have also been negotiating in good faith to resolve issues that 20 arose regarding their document requests. The discussions have required a series of conferences to 21 address a range of issues and resolve or narrow areas of disagreement in an effort to avoid the 22 need for disputes where possible; 23 WHEREAS, the negotiations surrounding interrogatories and document requests have 24 involved, among other things, as to requests directed at Plaintiffs, requests for information about 25 Plaintiffs and their counsel’s communications with putative class members, including the former 26 class representatives (Wells Fargo has filed a motion to compel that is currently being briefed and 27 will need to be resolved by the Court), identification of persons with knowledge regarding 28 Plaintiffs’ allegations in the Consolidated Complaint, application of Rule 26(b)(5) governing 2 STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO. 2:22-CV-00529-GMN-NJK Case 2:22-cv-00529-GMN-NJK Document 77 Filed 03/21/23 Page 3 of 7 1 information and documents withheld, the scope of the Plaintiffs’ logging obligations, and the 2 timing of contention-style interrogatories and responses thereto. As a result of the parties’ 3 negotiations, Plaintiffs have amended or supplemented their written discovery responses, 4 including to respond to contention-style interrogatories, but the parties continue to negotiate 5 additional issues; 6 WHEREAS, the negotiations surrounding document requests directed at Wells Fargo have 7 involved, among other things, the scope and application of the Bank Secrecy Act “SAR privilege” 8 (Plaintiffs previously filed a motion to compel but subsequent negotiations ultimately resolved the 9 dispute without the need for a Court ruling), the scope and application of other confidentiality 10 assertions, including the Gramm-Leach Bliley Act and the Bank Examiner Privilege, the 11 identification of Wells Fargo’s communications platforms and internal account notation systems, 12 the selection of targeted search terms, Plaintiffs’ requests that Wells Fargo collect documents from 13 additional custodians beyond those originally identified by Wells Fargo, and Plaintiffs’ requests 14 that Wells Fargo produce records related to at least 18 more accounts allegedly associated with 15 certain promoters of the J&J scheme than Wells Fargo initially anticipated. As a result of the 16 parties’ negotiations, Wells Fargo has supplemented its discovery responses and is collecting and 17 producing a greater number of documents than it originally expected, and the collection and 18 review of those documents is taking longer than it initially anticipated, particularly in the context 19 of investigative documents that require a careful review to ensure compliance with Wells Fargo’s 20 Bank Secrecy Act confidentiality obligations; 21 WHEREAS, the parties are working to schedule various depositions (including those of the 22 Plaintiffs, Wells Fargo under Rule 30(b)(6), and several Wells Fargo employees), and seek to 23 substantially complete document discovery before commencing with depositions in earnest. The 24 parties agreed to fifteen deposition per side in the Discovery Plan and Scheduling Order and 25 acknowledged that the total number of depositions could exceed that number; 26 WHEREAS, the parties agree that they have acted in good faith to narrow or eliminate 27 disputes where possible, but this case involves claims against Wells Fargo for allegedly aiding and 28 abetting a 5 year, $491 million Ponzi scheme. Negotiating the respective document productions 3 STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO. 2:22-CV-00529-GMN-NJK Case 2:22-cv-00529-GMN-NJK Document 77 Filed 03/21/23 Page 4 of 7 1 and collecting and producing documents has required more time than the parties anticipated, and 2 the parties were unable to complete written and document discovery consistent with the time 3 periods contemplated in the scheduling order, as the parties anticipate substantially completing 4 document discovery by April 30, 2023, rather than January 31, 2023, as contemplated in the 5 scheduling order; 6 WHEREAS, the parties believe a 90-day extension of the schedule is necessary to allow 7 for the substantial completion of document discovery and, thereafter, the completion of 8 depositions. The litigation will also feature the submission of expert testimony, and work relating 9 to those efforts will be predicated on the document and deposition discovery discussed above; 10 WHEREAS, the parties respectfully submit that good cause for the requested extension 11 exists, in that they have been negotiating in good faith to move this action forward reasonably 12 expeditiously, considering the complexity of the issues and the amount in controversy, and that all 13 clients involved consent to the requested extension as consistent with their interest in a prompt yet 14 fair adjudication of this dispute; 15 WHEREAS, on March 20, 2023, District Judge Gloria M. Navarro issued an order 16 granting in part and denying in part Wells Fargo’s motion to dismiss with the majority of 17 Plaintiffs’ claims proceeding beyond the motion to dismiss stage; and 18 WHEREAS, this is the first stipulation for extension of the case schedule. 19 NOW THEREFORE, the parties stipulate as follows, subject to the Court’s approval: 20 The remaining case deadlines will be extended by 90 days, as set out below: 21 Current Deadline New Deadline 22 1. Fact Discovery Cutoff May 31, 2023 August 29, 2023 23 2. Fed. R. Civ. P. 26(a)(2) Expert Disclosures 3. Rebuttal Expert Disclosures 4. Expert Discovery Cut-off 5. Plaintiffs’ Motion for Class Certification Deadline May 1, 2023 July 31, 2023 May 31, 2023 August 29, 2023 June 30, 2023 July 11, 2023 September 28, 2023 October 9, 2023 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO. 2:22-CV-00529-GMN-NJK Case 2:22-cv-00529-GMN-NJK Document 77 Filed 03/21/23 Page 5 of 7 1 2 3 6. Dispositive Motions Deadline 7. Joint Pretrial Order 4 5 6 7 8 8. Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures 9 10 11 Current Deadline New Deadline October 20, 2023 January 18, 2024 November 20, 2023 [30 days after dispositive motion deadline], or, if dispositive motions are filed, 30 days after decision on the dispositive motions or further Court order November 20, 2023 [30 days after dispositive motion deadline], or, if dispositive motions are filed, 30 days after decision on the dispositive motions or further Court order February 20, 2024 February 20, 2024 12 13 Dated: March 20, 2023 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: March 21, 2023 . . ________________________________ Nancy J. Koppe United States Magistrate Judge By: /s/ Daniel C. Girard Daniel C. Girard (pro hac vice) Jordan Elias (pro hac vice) Makenna Cox (pro hac vice) GIRARD SHARP LLP 601 California Street, Suite 1400 San Francisco, California 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 dgirard@girardsharp.com apolk@girardsharp.com jelias@girardsharp.com mcox@girardsharp.com By: /s/ David K. Stein Eric Gibbs (pro hac vice) David K. Stein (pro hac vice) Emily Beale (pro hac vice) GIBBS LAW GROUP LLP 1111 Broadway, Suite 2100 Oakland, CA 94607 Telephone: (510) 350-9700 Facsimile: (510) 350-9701 ds@classlawgroup.com eg@classlawgroup.com eb@classlawgroup.com 5 STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO. 2:22-CV-00529-GMN-NJK Case 2:22-cv-00529-GMN-NJK Document 77 Filed 03/21/23 Page 6 of 7 1 2 By: /s/ Jason K. Kellogg Jeffrey C. Schneider (pro hac vice) Jason K. Kellogg (pro hac vice) Marcelo Diaz-Cortes (pro hac vice) LEVINE KELLOGG LEHMAN SCHNEIDER + GROSSMAN LLP 100 SE 2nd Street Miami Tower, 36th Floor Miami, FL 33131 Telephone: (305) 403-8788 Facsimile: (305) 403-8789 jcs@lklsg.com jk@lklsg.com md@lklsg.com 3 4 5 6 7 8 9 10 By: /s/ Robert L. Brace Robert L. Brace (pro hac vice) LAW OFFICES OF ROBERT L. BRACE 1807 Santa Barbara St. Santa Barbara, CA 93101 Telephone: (805) 886-8458 rlbrace@rusty.lawyer Interim Co-Lead Counsel 11 12 13 14 15 By: /s/ Miles N. Clark Miles N. Clark (NBN 13848) LAW OFFICES OF MILES N. CLARK, LLC 5510 S. Fort Apache Rd., Suite 30 Las Vegas, NV 89148-7700 (702) 856-7430 miles@milesclarklaw.com Liaison Counsel 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated March 20, 2023 By: /s/ Joseph G. Went Joseph G. Went Nevada Bar No. 9220 Sydney R. Gambee Nevada Bar No. 14201 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 Phone: 702.669.4600 Fax: 702.669.4650 6 STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO. 2:22-CV-00529-GMN-NJK Case 2:22-cv-00529-GMN-NJK Document 77 Filed 03/21/23 Page 7 of 7 1 2 3 4 5 6 7 8 9 10 jgwent@hollandhart.com srgambee@hollandhart.com By: /s/ K. Issac deVyver K. Issac deVyver (pro hac vice) Alicia A. Baiardo (pro hac vice) Anthony Q. Le (pro hac vice) MCGUIREWOODS 1800 Century Park East, 8th Floor Los Angeles, CA 90067 Phone: 310.315.8200 Fax: 310.315.8210 KdeVyver@mcguirewoods.com ABaiardo@mcguirewoods.com ALe@mcguirewoods.com 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO. 2:22-CV-00529-GMN-NJK
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