Doe v. RentGrow, Inc., No. 2:2023cv00860 - Document 15 (D. Nev. 2023)
Court Description: ORDER Granting 14 Stipulated Discovery Plan. Discovery due by 1/15/2024. Motions due by 2/13/2024. Proposed Joint Pretrial Order due by 3/14/2024. Signed by Magistrate Judge Elayna J. Youchah on 9/5/2023. (Copies have been distributed pursuant to the NEF - AMMi)
Download PDF
<![CDATA[
Doe v. RentGrow, Inc. Doc. 15 Case 2:23-cv-00860-ART-EJY Document 15 Filed 09/05/23 Page 1 of 7 1 2 3 4 5 6 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 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 8 9 JOHN DOE, Plaintiff, 10 11 12 Case No.: 2:23-cv-00860-ART-EJY JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER v. RENTGROW, INC., SUBMITTED IN COMPLIANCE WITH LR26-1(b) Defendant. 13 14 15 16 Plaintiff John Doe (“Plaintiff” or “Mr. Doe”) and Defendant RentGrow, Inc. 17 (“Defendant” or “RentgGrow”) (together, the Parties”), by and through their counsel of 18 record, hereby submit their Joint Proposed Discovery Plan Scheduling Order pursuant to 19 Federal Rule of Civil Procedure 16 and 26, as well as LR II 26-1. It is hereby requested 20 that the Court enter the following discovery plan and scheduling order. 1 Dockets.Justia.com Case 2:23-cv-00860-ART-EJY Document 15 Filed 09/05/23 Page 2 of 7 Pursuant to Fed. R. Civ. P. 26(f) and LR 26-1(a), a telephonic meeting was held on 1 2 August 16, 2023. I. 3 4 5 Whether the Parties have exchanged initial disclosure statements under Rule 26(a) The Parties have not exchanged initial disclosures. The Parties have agreed to exchange initial disclosures no later than August 30, 2023, fourteen (14) days after the 6 Fed. R. Civ. P. 26(f) conference. 7 II. Discovery Cut-Off Date 8 Discovery will take 180 days, measured from the appearance of the first Defendant, 9 10 which was on July 19, 2023. (Doc. 8) The discovery cut-off date, therefore, will be January 15, 2024. 11 III. 12 Pursuant to LR 26-1(b)(2), the deadline for filing motions to amend the pleadings 13 or to add parties is 90 days before the close of discovery, therefore the deadline will be 14 October 16, 2023. 15 IV. 16 Pursuant to LR 26-1(b)(3), unless the discovery plan otherwise provides and the 17 18 19 Amending the Pleadings and Adding Parties Fed. R. Civ. P. 26(a)(2) Disclosures (Experts) court so orders, the deadlines in Fed. R. Civ. P. 26(a)(2)(D) for expert disclosures are modified to require that the disclosures be made 60 days before the discovery cut-off date and that rebuttal-expert disclosures be made 30 days after the initial disclosure of experts. Therefore, expert disclosures deadline will be November 15, 2023. 20 Rebuttal expert disclosures deadline will be December 15, 2023. 2 Case 2:23-cv-00860-ART-EJY Document 15 Filed 09/05/23 Page 3 of 7 1 V. 2 Pursuant to LR 26-1(b)(4), unless the discovery plan otherwise provides and the 3 court so orders, the deadline for filing dispositive motions is 30 days after the discovery 4 5 Dispositive Motions cut-off date. Therefore, the deadline for filing dispositive motions is February 13, 2024. VI. Pretrial Order 6 Pursuant to LR 26-1(b)(5), unless the discovery plan otherwise provides and the 7 court so orders, the deadline for the joint pretrial order is 30 days after the dispositive- 8 motion deadline. 9 10 If no dispositive motions are filed, the deadline for the joint pretrial order, Fed. R. Civ. P. 26(a)(3) disclosures, and any objections to them is March 14, 2024. 11 If dispositive motions are filed, the deadline for filing the joint pretrial order, Fed. 12 R. Civ. P. 26(a)(3) disclosures, and any objections to them will be suspended until 30 days 13 after decision on the dispositive motions or further court order. 14 VII. 15 In accordance with LR 26-1(b)(6), the disclosures required by Fed. R. Civ. P. 16 17 18 19 Fed. R. Civ. P. 26(a)(3) Disclosures 26(a)(3) and any objections to them must be included in the joint pretrial order. If dispositive motions are filed, the deadline for filing the joint pretrial order, Fed. R. Civ. P. 26(a)(3) disclosures, and any objections to them will be suspended until 30 days after decision on the dispositive motions or further court order. VIII. Alternative Dispute Resolution 20 The parties certify that they met and conferred about the possibility of using 3 Case 2:23-cv-00860-ART-EJY Document 15 Filed 09/05/23 Page 4 of 7 1 alternative dispute-resolution processes including mediation, arbitration, and if applicable, 2 early neutral evaluation, but have not come to any agreement at this time. 3 4 5 The assistance of a magistrate judge in facilitating a settlement conference after the Parties engage in initial discovery may be useful. Other than that, the Parties do not believe that this case is suitable for reference to arbitration or early neutral evaluation. IX. Alternative Forms of Case Disposition 6 The parties further certify that they considered consent to trial by a magistrate judge 7 under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73 and the use of the Short Trial Program 8 (General Order 2013-01). 9 10 The parties do not consent to trial by a Magistrate Judge. The parties do not consent to the use of the Short Trial Program (General Order 11 2013-01). 12 X. 13 The parties certify that they intend to present evidence in electronic format to jurors 14 for the purposes of jury deliberations. The parties will consult the court’s website or contact 15 the assigned judge’s courtroom administrator for instructions about how to prepare 16 evidence in an electronic format and other requirements for the court’s electronic jury 17 18 19 Electronically Stored Information (“ESI”) and Electronic Evidence evidence display system. The parties have discussed the retention and production of electronic data. Subject to the entry of a stipulated protective order limiting the use of any information discovered throughout this course of this action, the parties agree to produce ESI in PDF format, and 20 to the extent possible, in searchable PDF format. The parties agree that service of discovery 4 Case 2:23-cv-00860-ART-EJY Document 15 Filed 09/05/23 Page 5 of 7 1 via electronic means, including electronic files copied to compact disc, pursuant to Fed. R. 2 Civ. 5(b), is sufficient, and the parties retain the right to serve by mail and receive three 3 additional days for mailing provided for in Fed. R. Civ. P. 6(d). The parties reserve the 4 5 right to revisit this issue if a dispute or need arises. The parties further intend to present evidence in electronic format to jurors for the purposes of jury deliberations. To the extent discovery requests are served on a Saturday, Sunday, or legal holiday, service will be 6 deemed effective on the next day that is not a Saturday, Sunday, or legal holiday. 7 XI. Protection of Privileged/Trial Preparation Material: 8 If a party discovers it has inadvertently disclosed privileged or trial preparation 9 10 material, it agrees to notify the opposing party in writing within 30 days of the discovery that such document(s) have been disclosed, which written notification will set forth the 11 basis for the claim that the items disclosed are privileged or trial preparation material. If 12 the party receiving the disclosure agrees that the inadvertently produced items are 13 privileged or trial preparation material, it will return all such items to the producing party 14 without the retention of any copies. 15 If the receiving party disputes that the items are privileged or trial preparation 16 materials, it will within 30 days of written notification of the inadvertent disclosure, present 17 18 19 the disputed items inadvertently disclosed to the court under seal for a decision with respect thereto (without the retention of copies), including with such submission the producing party’s written notification and any statement the receiving party wishes to make in support of its position that the items are not privileged or trial preparation material. If the receiving 20 party disclosed the inadvertently produced privileged or trial preparation materials before 5 Case 2:23-cv-00860-ART-EJY Document 15 Filed 09/05/23 Page 6 of 7 1 being notified of the inadvertent disclosure, it will take reasonable steps to retrieve the 2 materials pending resolution of the matter. XII. 3 The Parties agree that pursuant to Rule 5(b)(2)(E) of the Federal Rules of Civil 4 5 Electronic Service of Discovery Procedure, the exchange of pleadings and other papers, including discovery requests, responses, and ESI, shall be in PDF format, and served via email or a secure file transfer 6 protocol, rather than US Mail. All documents served electronically will be deemed as if 7 served by mail. 8 The parties also agree, upon request, to promptly (no later than the second business 9 10 day after the day of service) provide the sending party with confirmation of receipt of the service by email. The format to be used for attachments to any email message shall be 11 Adobe Acrobat (.pdf). The parties agree to serve their written discovery requests in both 12 Microsoft Word (.docx) and Adobe Acrobat (.pdf) format. If an error or delayed delivery 13 message is received by the sending party, that party shall promptly (within one business 14 day of receipt of such message) notify the intended recipient of the message and serve the 15 pleading or other papers by other authorized means, including mail service. The parties will determine the manner of depositions based on the circumstances 16 17 prevailing when the parties confer to schedule depositions. XIII. Extension of Discovery Deadline 18 LR 26-3 governs modifications or extensions to this discovery plan and scheduling 19 order. 20 6 Case 2:23-cv-00860-ART-EJY Document 15 Filed 09/05/23 Page 7 of 7 1 IT IS SO ORDERED: 2 3 4 UNITED STATES MAGISTRATE JUDGE 5 DATED: September 5, 2023 6 7 Respectfully submitted this 1st day of September 2023, 8 9 10 11 12 13 /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 14 15 16 17 18 /s/ Joseph G. Went Joseph G. Went, Bar No. 9220 Sydney R. Gambee, Bar No. 14201 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 Phone: (702) 222-2539 Fax: (702) 669-4650 jgwent@hollandhart.com srgambee@hollandhart.com 19 20 Attorneys for Defendant RentGrow, Inc. 7
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
