Weatherspoon v. First Advantage Background Services Corp., No. 2:2023cv00548 - Document 16 (D. Nev. 2023)
Court Description: SCHEDULING ORDER granting 15 Discovery Plan and Scheduling Order. Discovery due by 12/29/2023. Motions due by 1/26/2024. Proposed Joint Pretrial Order due by 2/23/2024. Signed by Magistrate Judge Daniel J. Albregts on 8/8/2023. (Copies have been distributed pursuant to the NEF - CT)
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Weatherspoon v. First Advantage Background Services Corp. Doc. 16 Case 2:23-cv-00548-GMN-DJA Document 16 Filed 08/08/23 Page 1 of 9 1 2 3 4 5 Michael Yancey, NV #16158 Consumer Attorneys 2300 West Sahara Ave. Suite 800 Las Vegas, NV 89102 E: myancey@consumerattorneys.com T: (480) 573-9272 F: (718) 715-1750 Attorney for Plaintiff Sara L. Weatherspoon 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 7 8 SARA L. WEATHERSPOON, Case No.: 2:23-cv-00548-GMN-DJA 9 Plaintiff, 10 JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER v. 11 12 13 FIRST ADVANTAGE BACKGROUND SERVICES CORP., SPECIAL SCHEDULING REVIEW REQUESTED Defendant. 14 15 16 17 18 19 20 Plaintiff Sara L. Weatherspoon (“Plaintiff” or “Ms. Weatherspoon”) and Defendant First Advantage Background Services Corp. (“Defendant” or “First Advantage”) (together, the Parties”), by and through their counsel of record, hereby submit their Joint Proposed Discovery Plan Scheduling Order pursuant to Federal Rule of Civil Procedure 16 and 26, as well as LR II 26-1. It is hereby requested that the Court enter the following discovery plan and 1 Dockets.Justia.com Case 2:23-cv-00548-GMN-DJA Document 16 Filed 08/08/23 Page 2 of 9 1 2 3 4 5 scheduling order. Pursuant to Fed. R. Civ. P. 26(f) and LR 26-1(a), a telephonic meeting was held on June 28, 2023. I. Whether the Parties have exchanged initial disclosure statements under Rule 26(a). 6 The Parties exchanged initial disclosures on July 12, 2023. 7 II. 8 Discovery will take 240 days, measured from the appearance of the first 9 Defendant, which was on May 3, 2023. (Doc. 7) The discovery cut-off date, 10 Discovery Cut-Off Date therefore, will be December 29, 2023. 11 Special Statement of Reason for Additional Time Period: The Parties 12 respectfully request a time period of 60 days longer than the prescribed time period 13 for completion of discovery, which is prescribed as 180 days from the appearance 14 of the first Defendant, which was on May 3, 2023. Complying with this requirement 15 would place the discovery deadline as approximately October 29, 2023, which 16 would not give the Parties sufficient time to complete the necessary discovery. 17 Accordingly, the Parties request a time period of 240 days, with the cut-off date 18 scheduled as noted above for December 29, 2023. 19 III. Amending the Pleadings and Adding Parties 20 Pursuant to LR 26-1(b)(2), the deadline for filing motions to amend the 2 Case 2:23-cv-00548-GMN-DJA Document 16 Filed 08/08/23 Page 3 of 9 1 pleadings or to add parties is 90 days before the close of discovery, therefore the 2 deadline will be September 30, 2023. 3 IV. Fed. R. Civ. P. 26(a)(2) Disclosures (Experts) 4 Pursuant to LR 26-1(b)(3), unless the discovery plan otherwise provides and 5 the court so orders, the deadlines in Fed. R. Civ. P. 26(a)(2)(D) for expert disclosures 6 are modified to require that the disclosures be made 60 days before the discovery 7 cut-off date and that rebuttal-expert disclosures be made 30 days after the initial 8 disclosure of experts. 9 Therefore, expert disclosures deadline will be October 30, 2023. 10 Rebuttal expert disclosures deadline will be November 29, 2023. 11 V. 12 Pursuant to LR 26-1(b)(4), unless the discovery plan otherwise provides and 13 the court so orders, the deadline for filing dispositive motions is 30 days after the 14 discovery cut-off date. Dispositive Motions 15 Therefore, the deadline for filing dispositive motions is January 26, 2024. 16 VI. 17 Pursuant to LR 26-1(b)(5), unless the discovery plan otherwise provides and 18 the court so orders, the deadline for the joint pretrial order is 30 days after the 19 dispositive-motion deadline. 20 Pretrial Order If no dispositive motions are filed, the deadline for the joint pretrial order, 3 Case 2:23-cv-00548-GMN-DJA Document 16 Filed 08/08/23 Page 4 of 9 1 Fed. R. Civ. P. 26(a)(3) disclosures, and any objections to them is February 2 23, 2024. 3 If dispositive motions are filed, the deadline for filing the joint pretrial order, 4 Fed. R. Civ. P. 26(a)(3) disclosures, and any objections to them will be suspended 5 until 30 days after decision on the dispositive motions or further court order. 6 VII. Fed. R. Civ. P. 26(a)(3) Disclosures 7 In accordance with LR 26-1(b)(6), the disclosures required by Fed. R. Civ. P. 8 26(a)(3) and any objections to them must be included in the joint pretrial order. 9 If dispositive motions are filed, the deadline for filing the joint pretrial order, 10 Fed. R. Civ. P. 26(a)(3) disclosures, and any objections to them will be suspended 11 until 30 days after decision on the dispositive motions or further court order. 12 VIII. Alternative Dispute Resolution 13 The parties certify that they met and conferred about the possibility of using 14 alternative dispute-resolution processes including mediation, arbitration, and if 15 applicable, early neutral evaluation, but have not come to any agreement at this time. 16 The assistance of a magistrate judge in facilitating a settlement conference 17 after the Parties engage in initial discovery may be useful. Other than that, the Parties 18 do not believe that this case is suitable for reference to arbitration or early neutral 19 evaluation. 20 IX. Alternative Forms of Case Disposition 4 Case 2:23-cv-00548-GMN-DJA Document 16 Filed 08/08/23 Page 5 of 9 1 The parties further certify that they considered consent to trial by a 2 magistrate judge under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73 and the use of 3 the Short Trial Program (General Order 2013-01). 4 The parties do not consent to trial by a Magistrate Judge. 5 The parties do not consent to the use of the Short Trial Program (General 6 Order 2013-01). 7 X. 8 Electronically Stored Information (“ESI”) and Electronic Evidence 9 The parties certify that they intend to present evidence in electronic format to 10 jurors for the purposes of jury deliberations. The parties will consult the court’s 11 website or contact the assigned judge’s courtroom administrator for instructions 12 about how to prepare evidence in an electronic format and other requirements for 13 the court’s electronic jury evidence display system. 14 The parties have discussed the retention and production of electronic data. The 15 parties agree that service of discovery via electronic means, including electronic files 16 copied to compact disc, pursuant to Fed. R. Civ. 5(b), is sufficient, and the parties 17 retain the right to serve by mail and receive three additional days for mailing 18 provided for in Fed. R. Civ. P. 6(d). The parties reserve the right to revisit this issue 19 if a dispute or need arises. The parties further intend to present evidence in electronic 20 format to jurors for the purposes of jury deliberations. To the extent discovery 5 Case 2:23-cv-00548-GMN-DJA Document 16 Filed 08/08/23 Page 6 of 9 1 requests are served on a Saturday, Sunday, or legal holiday, service will be deemed 2 effective on the next day that is not a Saturday, Sunday, or legal holiday. 3 XI. Protection of Privileged/Trial Preparation Material: 4 If a party discovers it has inadvertently disclosed privileged or trial 5 preparation material, it agrees to notify the opposing party in writing within 30 days 6 of the discovery that such document(s) have been disclosed, which written 7 notification will set forth the basis for the claim that the items disclosed are 8 privileged or trial preparation material. If the party receiving the disclosure agrees 9 that the inadvertently produced items are privileged or trial preparation material, it 10 will return all such items to the producing party without the retention of any copies. 11 If the receiving party disputes that the items are privileged or trial preparation 12 materials, it will within 30 days of written notification of the inadvertent disclosure, 13 present the disputed items inadvertently disclosed to the court under seal for a 14 decision with respect thereto (without the retention of copies), including with such 15 submission the producing party’s written notification and any statement the 16 receiving party wishes to make in support of its position that the items are not 17 privileged or trial preparation material. If the receiving party disclosed the 18 inadvertently produced privileged or trial preparation materials before being notified 19 of the inadvertent disclosure, it will take reasonable steps to retrieve the materials 20 pending resolution of the matter. 6 Case 2:23-cv-00548-GMN-DJA Document 16 Filed 08/08/23 Page 7 of 9 1 XII. Electronic Service of Discovery 2 The Parties agree that pursuant to Rule 5(b)(2)(E) of the Federal Rules of Civil 3 Procedure, the exchange of pleadings and other papers, including discovery requests, 4 responses, and ESI, shall be in PDF format, and served via email or a secure file 5 transfer protocol, rather than US Mail. All documents served electronically will be 6 deemed as if served by mail. 7 The parties also agree, upon request, to promptly (no later than the second 8 business day after the day of service) provide the sending party with confirmation of 9 receipt of the service by email. The format to be used for attachments to any email 10 message shall be Adobe Acrobat (.pdf). The parties agree to serve their written 11 discovery requests in both Microsoft Word (.docx) and Adobe Acrobat (.pdf) format. 12 If an error or delayed delivery message is received by the sending party, that party 13 shall promptly (within one business day of receipt of such message) notify the 14 intended recipient of the message and serve the pleading or other papers by other 15 authorized means, including mail service. 16 PARTY: E-MAIL SERVICE ADDRESSES: 17 Plaintiff myancey@consumerattorneys.com jristvedt@consumerattorneys.com nclark@consumerattorneys.com Jason.Spak@fisherbroyles.Com Taylor.Buono@wilsonelser.Com 18 Defendant 19 20 The parties anticipate that depositions, if any, will take place remotely via 7 Case 2:23-cv-00548-GMN-DJA Document 16 15 Filed 08/08/23 08/07/23 Page 8 of 9 1 videoconference or as all parties, including the deponents, otherwise agree. The 2 parties will determine the manner of depositions based on the circumstances 3 prevailing when the parties confer to schedule depositions. 4 XIII. Extension of Discovery Deadline 5 LR 26-3 governs modifications or extensions to this discovery plan and 6 scheduling order. 7 8 IT IS SO ORDERED: 9 10 DANIEL J. STATES ALBREGTS UNITED DISTRICT JUDGE 11 UNITED STATES MAGISTRATE JUDGE 12 DATED: August 8, 2023 13 14 Respectfully submitted this 7th day of August 2023, 15 16 17 18 19 20 /s/Michael Yancey Michael Yancey, NV #16158 Consumer Attorneys 2300 West Sahara Ave. Suite 800 Las Vegas, NV 89102 8245 N. 85th Way Scottsdale, AZ 85258 E: myancey@consumerattorneys.com T: (480) 573-9272 F: (718) 715-1750 Attorney for Plaintiff John Doe 8 Case 2:23-cv-00548-GMN-DJA Document 16 15 Filed 08/08/23 08/07/23 Page 9 of 9 1 2 3 4 /s/ Jason Spak Jason Spak FisherBroyles, LLP P.O. Box 5262 Pittsburgh, PA 15206 T: (412) 230-8555 E: Jason.Spak@fisherbroyles.Com 5 6 7 8 Taylor Buono Wilson Elser Moskowitz Edelman & Dicker LLP 6689 Las Vegas Blvd South Suite 200 Las Vegas, NV 89119 T: (702) 727-1400 E: Taylor.Buono@wilsonelser.Com 9 10 Counsel for Defendant First Advantage Background Services Corp. 11 12 CERTIFICATE OF SERVICE 13 I hereby certify that on August 7, 2023, I electronically filed the foregoing 14 with the Clerk of the Court using the ECF system, which will send notice of such 15 filing to all attorneys of record in this matter. 16 /s/ Nataly Clark 17 18 19 20 9
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