Federal Deposit Insurance Corporation v. Johnson et al

Filing 75

ORDER Granting 73 Motion for Magistrate Judge to Reconsider 69 Order. Signed by Magistrate Judge Peggy A. Leen on 12/12/2012. (Copies have been distributed pursuant to the NEF - SLR)

Case 2:12-cv-00209-KJD-PAL Document 73

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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Case No.: 2:12-CV-209

FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER OF
SILVER STATE BANK

JOINT MOTION FOR
RECONSIDERATION OF ORDER
DENYING STIPULATION TO MODIFY
SCHEDULING ORDER REGARDING
EXPERT DISCLOSURES

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Plaintiffs,
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vs.
COREY L. JOHNSON; DOUGLAS E.
FRENCH; GARY A. GARDNER; and
TIMOTHY S. KIRBY

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Defendants,

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I.

Introduction

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The parties jointly move for reconsideration of the Court's Order of November 19, 2012

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(Dkt. No. 69), which denied the parties’ November 15, 2012 stipulation (Dkt. No. 67) to amend

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the present Scheduling Order (Dkt. No. 58) regarding expert disclosures.

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II.

Discussion

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The November 15, 2012 stipulation should have more clearly stated that the parties'

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requested amendment of the scheduling order does not seek to lengthen the discovery period,

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postpone the trial date, or extend any deadline except the expert disclosure deadline. That is, all

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dates other than the expert disclosure deadline would remain unchanged under the parties'

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proposal, and the expert disclosures would simply move to a later date within the existing
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discovery period.

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Under the current schedule, the parties must both disclose their experts and serve reports

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by January 22, 2013. The parties cannot meet this schedule due to the ongoing, but incomplete,

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review of the voluminous document production, the need to coordinate the schedules of many

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attorneys and witnesses for depositions, and the expert witnesses' need for time to process the

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information resulting from these discovery efforts. To be more precise, the FDIC has produced

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12,305 documents, consisting of 165,478 pages, 1 including a 36,540-page production on or

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about November 13, 2012. The latter production, consisting of 3,261 documents, consists of the

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original files of the loans at issue.
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The parties therefore request that the expert disclosure deadline be amended so that initial

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disclosures are exchanged by March 26, 2013, with responses exchanged by April 23, 2013.

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The parties expect that this modification of the schedule will allow them to complete fact

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discovery in sufficient time to enable the experts to prepare their reports. The modification

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further leaves time within the existing schedule to complete expert depositions.
Specifically, the parties wish to amend Paragraph 2(E) of the current Scheduling Order to

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read as follows:

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The parties shall exchange the information and reports required by Fed. R.
Civ. P. 26(a)(2)(B) and (a)(2)(C) by March 26, 2013. Rebuttal reports shall
be exchanged by April 23, 2013.

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Again, the parties do not seek to extend the discovery period or move any date other than

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the expert disclosure deadlines, and then only to postpone expert disclosures. The stipulation

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does not affect other deadlines stated in the present Scheduling Order.

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The FDIC’s production includes documents under the following Bates prefixes: FDIC 1-74407, SSB 1-90462, and
SSB-DF 1 -609.
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For these reasons, which the parties did not fully articulate in their November 15, 2012

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stipulation, the parties respectfully request that the Court reconsider its November 19, 2012

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Order denying the stipulation.

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Respectfully submitted,

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OSBORN MALEDON, P.A.
By /s/ Maureen Beyers
Attorney for Kirby

FOX ROTHSCHILD LLP
By /s/ Eric E. Reed
Attorney for French

EMMEL & KLEGEMAN, PC
By /s/ Allen D. Emmel
Attorney for Gardner

FLANGAS MCMILLAN LAW GROUP
By /s/ John R. McMillan
Attorney for Johnson

MULLIN HOARD & BROWN, LLP
By /s/ Anthony W. Kirkwood
Attorney for the FDIC

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IT IS SO ORDERED this 12th day
of December, 2012.

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_______________________________
Peggy A. Leen
United States Magistrate Judge

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CERTIFICATE OF SERVICE

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The undersigned certifies that he filed the foregoing with the Court on December 10,

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2012 using the ECF System, which will provide notice and a copy to the following:

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Stanley W. Parry
Ballard Spahr LLP
100 N. City Parkway, Suite 1750
Las Vegas, NV 89106
702-471-7000
Fax: [phone]
[e-mail]

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John R. McMillan
Jessica K Peterson
Flangas McMillan Law Group
3275 S. Jones Boulevard, Suite 105
Las Vegas, NV 89146
702-307-9500
Fax: [phone]
[e-mail]
[e-mail]

David Mullin
Anthony W. Kirkwood
Mullin Hoard & Brown, LLP
500 South Taylor, Suite 800
Amarillo, Texas 79101
806-372-5050
Fax: [phone]
[e-mail]
[e-mail]

Maureen Beyers
Grace E Rebling
Osborn Maledon
2929 North Central Avenue
Phoenix, AZ 85012
602-248-9309
Fax: [phone]
[e-mail]

Allen D. Emmel
Emmel & Klegerman PC
5586 S. Fort Apache
Suite 230
Las Vegas, NV 89148
702-473-9842
Fax: [phone]
[e-mail]

Martha J. Ashcraft
Law Offices of Martha J. Ashcraft
7251 West Lake Mead Blvd., Suite 300
Las Vegas, NV 89128
702-562-4010
Fax: [phone]
[e-mail]

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/s/ Eric E. Reed

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