Williamson v. Gunvalson et al

Filing 139

ORDER Granting 138 Fourth Amended Motion to Extend Time re Discovery Plan and Scheduling Order. Discovery due by 3/2/2018. Motions due by 3/20/2018. Proposed Joint Pretrial Order due by 4/19/2018. Signed by Magistrate Judge George Foley, Jr on 11/6/17. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:13-cv-01019-JAD-GWF Document 138-1 Filed 11/03/17 Page 1 of 4

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THE WESBROOKS LAW FIRM, P.L.L.C.
MARK WESBROOKS (AZ State Bar No. 018690)
15396 N. 83rd Ave., Ste. C100
Peoria, Arizona 85381
Phone: [phone]
Fax: [phone]
[e-mail]
(Admitted Pro Hac Vice)
Attorney for Robert Williamson, III and Cate Waken-Williamson

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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ROBERT WILLIAMSON, III an individual,

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BASE CASE NO.:
2:13-cv-01019-JAD- GWF

Plaintiff,
MEMBER CASE NO.:
2:13-cv-02022-JAD-GWF

vs.

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VICTORIA L. GUNVALSON, an individual;
DAVID BROOKS AYERS, an individual,
Defendants.
DAVID BROOKS AYERS, an individual,
Counterclaimant,

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FOURTH AMENDED DISCOVERY
PLAN AND SCHEDULING ORDER

vs.
ROBERT WILLIAMSON, III, an individual;
CATE WAKEN-WILLIAMSON, an
individual; and ANGELA TORRES, an
individual,
Counterdefendants.

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Plaintiff and cross-defendant Robert Williamson, III, cross-defendant Cate-Wakem

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Williamson, and Plaintiff Vicki’s Vodka, LLC, by and through their counsel of record, A. Mark

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Wesbrooks, Esq. of The Wesbrooks Law Firm, P.L.L.C., defendant and cross-complainant

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Victoria L. Gunvalson, and defendant Woo-Hoo Productions, LLC, by and through their counsel
FOURTH AMENDED DISCOVERY PLAN AND SCHEDULING ORDER 1

Case 2:13-cv-01019-JAD-GWF Document 138-1 Filed 11/03/17 Page 2 of 4

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of record, Sean P. Reis, Esq. of The Reis Law Firm, A.P.C.; and cross-complainant David

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Brooks Ayers, in pro per, hereby submit the following modified discovery plan and scheduling

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order for application to the entire consolidated case (both the base and member case):

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1.

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The parties recently appeared before the court to discuss case status. For a period of time,

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HISTORY OF CASE / CASE STATUS

certain claims in the present action were stayed as a result of bankruptcy proceedings. The
United States Bankruptcy Court for the District of Arizona modified the automatic stay of
bankruptcy to allow the entirety of the present case to proceed through full adjudication of all

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claims through final judgment. The parties appeared at status conference with the Court on
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January 17, 2017, informing the court of the full bankruptcy stay removal, which occurred on the
same date. The parties advised that an amended discovery plan and scheduling order is necessary
to allow completion of required discovery and development of the evidence for trial.

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2.

DEADLINES

FOR

RULE

26(F)

CONFERENCE

AND

INITIAL

DISCLOSURES

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The parties have conducted their Rule 26(f) conference for the consolidated case and

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exchanged initial disclosures, except for defendant and cross-complainant Michael Nicholson

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and defendant Cougar Juice Vodka in pro per (the “Nicholson Defendants”), who have not
provided disclosures.
3.

DISCOVERY CUT-OFF DATE

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The parties now respectfully request the Court to specially set a new discovery cut-off
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date of March 2, 2018. The parties anticipate that this will allow enough time for the parties to
complete their discovery.

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4.

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The last day to amend pleadings or add parties shall be amended to August 1, 2017 (90

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AMENDING THE PLEADINGS AND ADDING PARTIES

days before the proposed discovery cut-off date).

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5.

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The last day to disclose experts shall be September 1, 2017 (60 days before the proposed

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FRCP 26(a)(2) EXPERT DISCLOSURES

discovery cut-off date). The last day to disclose rebuttal experts shall be October 2, 2017 (30
days before the proposed discovery cut-off date).
///

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FOURTH AMENDED DISCOVERY PLAN AND SCHEDULING ORDER 2

Case 2:13-cv-01019-JAD-GWF Document 138-1 Filed 11/03/17 Page 3 of 4

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6.

DISPOSITIVE MOTIONS

The last day to file dispositive motions shall be March 20, 2018 (30 days after the
proposed discovery cut-off date).

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7.

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The parties shall file a joint pretrial order on or before April 19, 2018 (30 days after the

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JOINT PRETRIAL ORDER

date for filing dispositive motions). If a dispositive motion is filed, this date shall be suspended
until thirty (30) days after the decision on that dispositive motion. The disclosures required by
FRCP 26(a)(3) and any objections thereto shall be included in the pretrial order.

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Dated: October 10, 2017

ABIR COHEN TREYZON SALO, LLP

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By:

___________________
Boris Treyzon
Attorneys for Victoria L. Gunvalson, and
Woo Hoo Productions, LLC

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Dated: October 10, 2017

THE WESBROOKS LAW FIRM, P.L.L.C.

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By:

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IT IS SO ORDERED.

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DATED: __________________
11/06/2017

/s/ A. Mark Wesbrooks
Wesbrooks Law Firm, PLLC
Attorneys for Robert Williamson, CateWakem Williamson and Vicki’s Vodka,
LLC

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________________________________________
UNITED STATES MAGISTRATE JUDGE

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FOURTH AMENDED DISCOVERY PLAN AND SCHEDULING ORDER 3

Case 2:13-cv-01019-JAD-GWF Document 138-1 Filed 11/03/17 Page 4 of 4

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CERTIFICATE OF SERVICE

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I, Mark Wesbrooks, hereby certify that on October 12, 2017, I filed through the Court’s
ECF system and served either through the ECF system or by electronic mail the foregoing
document described as: FOURTH AMENDED DISCOVERY PLAN AND SCHEDULING
ORDER, and reference Bankruptcy Court Order using the Court’s electronic filing system.
A copy of the foregoing document(s) will be served via the Court’s electronic filing system on
interested parties in this action, or by email/regular mail as follows:

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2:13-cv-01019-JAD-GWF Notice has been electronically mailed to:

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Edward Randall Miley
[e-mail]
Sean Patrick Reis
[e-mail]
Tony L. Abbatangelo
[e-mail]
Boris Treyzon
[e-mail]

Regular First Class Mail, and as Indicated on same date:

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Brooks Ayers
8594 E. 116th Street, #246
Fishers IN 46038

via US Mail and via email

Angela Torres
6715 Rim Rock Circle, Northwest
Albuquerque, NM 87120

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Michael Nicholson
P.O. Box 32
Calistoga, CA 94515
/s/Mark Wesbrooks

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FOURTH AMENDED DISCOVERY PLAN AND SCHEDULING ORDER 4