Greene v. Executive Coach & Carriage

Filing 305

ORDER Granting 301 Stipulation to Modify Scheduling Order. Discovery due by 4/14/2018. Motions due by 5/14/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/4/2018. (Copies have been distributed pursuant to the NEF - MMM)

1

MARIO P. LOVATO
Nevada Bar No. 7427
LOVATO LAW FIRM, P.C.
7465 W. Lake Mead Blvd Ste 100
Las Vegas, Nevada 89128
T: 702 979 9047
F: 702 554 3858
E: [e-mail]

8

Mark R. Thierman, Nev. Bar No. 8285
[e-mail]
Joshua D. Buck, Nev. Bar No. 12187
[e-mail]
Leah L. Jones, Nev. Bar No. 13161
[e-mail]
Joshua Hendrickson, Nev. Bar No. 12225
[e-mail]
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, Nevada 89511
Tel. [phone]
Fax. [phone]

9

Attorneys for Plaintiffs

2
3
4
5
6

Attorneys for Defendants

7

10
11
12

UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA

14
15
16
17
18
19
20

ROBERT G. GREENE, on behalf of himself
and all others similarly situated,

) CASE NO.: 2:09-CV-466-GMN-CWH
)
)
Plaintiff,
)
)
v.
) Consolidated with:
) Case No. 2:11-CV-355
JACOB TRANSPORTATION SERVICES, LLC, )
a Nevada Corporation dba Executive las Vegas;
)
JIM JIMMERSON; and CAROL
)
JIMMERSON,
)
)
Defendant.
)
_________________________________________ )

21
22

STIPULATION TO MODIFY SCHEDULING ORDER
(SIXTH REQUEST POST-APPEAL)

23
24
25

Plaintiffs and Defendants (collectively “The Parties), by and through their respective
counsel of record, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure (“FRCP”), Local

26

Rule 6-1, 26-1, and 26-4, stipulate and agree to modify the deadline in the Discovery Plan and

27

Scheduling Order and the subsequent Order granting prior requested extension (Docket Nos. 227,

28

233, 254, 264, and 297).

1
2
3
4
5
6

Pursuant to the direction of the Court at the hearing occurring on December 14, 2017
before Magistrate Judge Hoffman, and as reflected in the Minutes of Proceedings (#297), the
Parties hereby stipulate and agree to an extension and continuance of approximately four months
from this Court’s December 14, 2017 Minute Order (Docket No. 297) to the discovery cut-off
date, as further stated below.

7

I.

8

DISCOVERY THAT HAS BEEN COMPLETED

9
10
11
12
13

Initial disclosures, and several rounds of written discovery occurred in the Robert Greene
case in 2010 and thereafter. The case proceeded to final judgment, to appeal that resulted in certain
reversals as stated in the Memorandum of Decision, and the case was remanded back to the District
Court for further proceedings.

14

In the consolidated case, 2:11-CV-355, there have been numerous depositions by both

15

Plaintiffs and Defendant. By Order of the court in consolidating the cases, discovery in such case

16

was stayed. (Case No. 2:11-cv-00355-GMN-CWH, ECF # 26.)

17
18
19
20
21
22

Since remand of the Robert Greene case to this District in 2015, Plaintiffs have served
various items of written discovery. Plaintiffs have also served an expert report. Defendants have
served a rebuttal expert report.
On February 3, 2017, the Court entered an Order (#245) that dismissed several claims,
including several claims against the Jimmersons, while leaving other claims in the case.

23

On September 19, 2017, this Court granted Plaintiffs’ motion for class certification of

24

Plaintiffs’ state-law Constitutional claim (#266), and on October 27, 2017, this Court granted

25

Plaintiffs’ motion to approve the form of notice for Plaintiffs’ FLSA and Rule 23 actions.

26
27
28

II.
DISCOVERY THAT REMAINS TO BE COMPLETED
Following this Court’s orders granting certification (#266) and approving the form of
notice for Plaintiffs’ FLSA and Rule 23 actions, The Parties intend to conduct class-wide discovery
2

1
2
3
4

into the merits of Plaintiffs’ claims and Defendants’ defenses. The parties dispute the proper scope
of discovery, and are currently engaged in meet-and-confer efforts on this issue, which may result
in future motion practice to compel and/or for protection, if the issues are not resolved.
III.

5

REASONS DISCOVERY WAS NOT COMPLETED

6
7

The Parties have been engaged in extensive motion practice in this case, both prior to

8

appeal and post-appeal. During the earlier discovery periods, Defendants objected to providing

9

class-wide discovery on the ground that class-wide discovery is inappropriate prior to certification.

10

Defendants contend that they did not conduct any class discovery for this same reason.

11

IV.

12

PROPOSED SCHEDULE FOR COMPLETING REMAINING
DISCOVERY AND DISPOSITIVE MOTIONS

13
14

Based on the above, the Parties stipulate and agree to the following deadlines:

15

Discovery Cut-Off Date. The Parties propose a discovery cut-off date of: April 14, 2018.

16

Amendment of Pleadings and Addition of Parties. The most recent date of amending

17
18

claims and adding parties has expired.

19

Dispositive Motions. The dispositive motion deadline shall be May 14, 2018.

20

Disclosure of supplemental expert reports. Any supplemental expert reports must be

21

disclosed by March 14, 2018.

22
23
24

Disclosure of rebuttal expert reports. Any rebuttal expert reports must be disclosed by
April 14, 2018.
Pre-Trial Order. The joint pretrial order must be filed no later than thirty (30) days after

25
26

the Court’s decision on any Dispositive Motions.

27

/ / /

28

/ / /

3

1
2
3
4
5
6
7
8
9
10

FRCP 26(a)(3) Disclosures. The disclosures shall be included in the joint pretrial order.
Dated: January 2, 2018.

Dated: January 2, 2018.

THIERMAN BUCK LLP

LOVATO LAW FIRM, PC.

/s/Joshua D. Buck
Mark R. Thierman, Esq. Bar No. 8285
Joshua D. Buck, Esq., Bar No. 12187
Leah L. Jones, Esq., Bar No. 13161
7287 Lakeside Dr.
Reno, NV 89511

/s/Mario P. Lovato
MARIO P. LOVATO, Bar No. 7427
7465 W. Lake Mead Blvd. Ste. 100
Las Vegas, NV 89128
Attorney for Defendants

Attorneys for Plaintiffs

11
12
ORDER

13
14

IT IS SO ORDERED.

15

January 4, 2018
DATED: _________________________

16
17
18

UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28

4