Risinger v. SOC LLC et al

Filing 205

ORDER granting ECF No. 202 Post Class Certification Scheduling Order. Signed by Magistrate Judge Peggy A. Leen on 2/2/2018. (Copies have been distributed pursuant to the NEF - LH)

Case 2:12-cv-00063-MMD-PAL Document 204 Filed 02/01/18 Page 1 of 7

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Scott E. Gizer, Esq., Nevada Bar No. 12216
[e-mail]
EARLY SULLIVAN WRIGHT
GIZER & McRAE LLP
601 South Seventh Street, 2nd Floor
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]

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Devin A. McRae, Pro Hac Vice
[e-mail]
EARLY SULLIVAN WRIGHT
GIZER & MCRAE LLP
6420 Wilshire Boulevard, 17th Floor
Los Angeles, California 90048
Telephone: [phone]
Facsimile: [phone]
Erik C. Alberts, Pro Hac Vice
[e-mail]
LAW OFFICES OF ERIK C. ALBERTS
5900 Wilshire Boulevard, 26th Floor
Los Angeles, California 90036
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
KARL E. RISINGER, and those similarly situated

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TARA LEE (Admitted Pro Hac Vice)
KEITH H. FORST (Admitted Pro Hac Vice)
DANIEL P. MACH (Admitted Pro Hac Vice)
QUINN EMANUEL URQUHART & SULLIVAN, LLP
777 6th Street, NW, 11th Floor
Washington, DC 20001
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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E. LEIF REID, SBN 5750
KRISTEN L. MARTINI, SBN 11272
LEWIS ROCA ROTHGERBER CHRISTlE LLP
One East Liberty Street, Suite 300
Reno, NV 89501-2128
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants

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201796.1

POST-CLASS CERTIFICATION SCHEDULING ORDER

Case 2:12-cv-00063-MMD-PAL Document 204 Filed 02/01/18 Page 2 of 7

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KARL E. RISINGER, an individual, on
behalf of himself and all others similarly
situated,

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POST-CLASS CERTIFICATION
SCHEDULING ORDER

Plaintiff,

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Case No.: 2:12-cv-00063-MMD-PAL

vs.
SOC LLC, a Delaware limited liability
company registered and doing business in
Nevada as SOC NEVADA LLC; SOC-SMG,
INC., a Nevada corporation; DAY &
ZIMMERMANN, INC., a Maryland
corporation; and DOES 1-20, inclusive,
Defendants.

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201796.1

POST-CLASS CERTIFICATION SCHEDULING ORDER

Case 2:12-cv-00063-MMD-PAL Document 204 Filed 02/01/18 Page 3 of 7

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WHEREAS, on September 29, 2017, this Court ordered a schedule for post-certification
discovery, class notice, and pretrial deadlines (Dkt. 191);

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WHEREAS, on January 17, 2018, this Court granted the parties’ stipulation for an
extension of time to submit a joint notice plan and for mailing notice (Dkt. 196);

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WHEREAS, on January 25, 2018, the parties filed a joint motion for approval of a clsas
notice plan (Dkt. 198);

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NOW THEREFORE, the parties, by and through their counsel of record, hereby stipulate
and agree to the following:

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CLASS NOTICE

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1.

Notice to class members will be sent within two days after the Court grants the

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parties’ joint motion for approval of class notice procedures. The class notice will specify a 60-

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day opt-out period to begin after the date of the mailing.

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CLASS MEMBER AND PUNITIVE DAMAGES DISCOVERY

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2.

All class member damages and punitive damages fact discovery must be

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completed by February 28, 2018. Written discovery shall be responded to within 30 days of

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service. Depositions shall be noticed per code. Regarding Defendants’ liability for punitive

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damages, Defendants may only serve a total of 10 interrogatories on the issues of the Class’

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ability to recover punitive damages from Defendants and the measure of punitive damages. No

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other liability discovery (fact or expert) will be permitted. Defendants will also be permitted to

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supplement their prior discovery responses without waiver of Plaintiffs’ right to seek to exclude

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any information or documents not previously produced in discovery.

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3.

than March 13, 2018.

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Any expert witness disclosures on the issue of damages must be made by no later

4.

Any rebuttal expert witness disclosures on the issue of damages must be made by

no later than March 28, 2018.

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5.

All expert witness depositions on the issue of damages must be completed by no

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later than April 11, 2018.

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POST-CLASS CERTIFICATION SCHEDULING ORDER

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6.

Any disputes regarding fact or expert discovery shall be resolved by submitting a

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joint letter to the Magistrate Judge Leen’s chambers, who will then schedule a conference call to

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resolve the dispute.

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TRIAL DEADLINES

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1.

Plaintiff and Defendants will file a joint pretrial order on May 11, 2018.

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2.

Plaintiff shall submit its trial plan on or before April 6, 2018.

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3.

Any motions in limine or other pretrial motions, including Daubert motions, must

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be filed and served by no later than 30 days before trial.

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4.

motions, must be filed and served by no later 15 days before trial.

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Any oppositions to motions in limine or other pretrial motions, including Daubert

5.

No replies to motions in limine or other pretrial motions, including Daubert

motions, shall be filed unless expressly authorized by the Court.

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Approved as to Form and Content,
Dated: February 1, 2018

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EARLY SULLIVAN WRIGHT
GIZER & McRAE LLP

By: /s/--Scott E. Gizer
SCOTT E. GIZER
DEVIN A. MCRAE
Attorneys for Plaintiff

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POST-CLASS CERTIFICATION SCHEDULING ORDER

Case 2:12-cv-00063-MMD-PAL Document 204 Filed 02/01/18 Page 5 of 7

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Dated: February 1, 2018

QUINN EMANUEL URQUHART & SULLIVAN

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LLP

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By: /s/--Tara Lee
TARA LEE
KEITH H. FORST
DANIEL P. MACH
Attorneys for Defendants

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In association with:
E. LEIF REID
KRISTEN L. MARTINI
Attorneys for Defendants

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IT IS SO ORDERED.

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Dated this 2nd day of February, 2018

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HON. PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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201796.1

POST-CLASS CERTIFICATION SCHEDULING ORDER