Tessema v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union

Filing 83

ORDER ON STIPULATION Granting, as amended, 80 STIPULATION to Extend Deadlines re 74 Scheduling Order. Discovery due by 4/1/2015. Motions due by 5/1/2015. Proposed Joint Pretrial Order due by 6/1/2015. Signed by Magistrate Judge Cam Ferenbach on 11/4/14. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:13-cv-01782-APG-VCF Document 80 Filed 11/03/14 Page 1 of 4

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DAN M. WINDER, ESQ.
Nevada State Bar No. 01569
LAW OFFICE OF DAN M. WINDER, P.C.
3507 W. Charleston Blvd.
Las Vegas, NV 89102
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Plaintiffs
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TADIOS TESSEMA, INDIVIDUALLY, and
as the former UNIT CHAIR of the FRIAS
TRANSPORTATION BATGAINING
UNIT, LOCAL 711A, UNITED STEEL,
PAPER AND FORESTRY, RUBBER,
MANUFACTURING, ENERGY, ALLIED
INDUSTRIAL AND SERVICE WORKERS
INTERNATIONAL UNION,
Plaintiff,

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STIPULATED AND ORDER TO
EXTEND DISCOVERY AND
DISPOSITIVE MOTION DEADLINES

v.

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Case No.: 2:13-cv-01782-APG-VCF

UNITED STEELWORKERS, PAPER AND
FORESTRY, RUBBER,
MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL AND SERVICE
WORKERS INTERNATIONAL UNION;
LEO W. GERARD; ROBERT LaVENTURE;
MANUEL ARMENTA; CHRIS
YOUNGMARK;
ACE CAB INC.; UNION CAB CO.;
VEGASWESTERN CAB INC.; A-N.L.V. CAB CO.;
VIRGIN VALLEY CAB COMPANY, INC.;
FRIAS TRANSPORTATION
MANAGEMENT
DOES I-X and ROES XI-XX,

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(First Request)

Defendants.

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The parties, by and through their respective counsel of record hereby stipulate and agree
as follows:
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On June 16, 2014, this Court entered its Order setting out the discovery plan and

scheduling order dates (Dkt. #74).

Case 2:13-cv-01782-APG-VCF Document 80 Filed 11/03/14 Page 2 of 4

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2.

This is the first request by the parties to amend the Court’s June 16, 2014 scheduling

3.

The parties deferred significant discovery until the Court ruled on Defendants’

order.

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Frias Transportation Management; Virgin Valley Cab Company, Inc.: Ace Cab, Inc.; A-N.L.V. Cab

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Co.; Union Cab Co.; and Vegas-Western Cab, Inc., Partial Motion to Dismiss (Dkt. #31) Union

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Defendants’ Motion for Partial Judgment on the Pleadings (Dkt. #47) and Plaintiff’s Motion for

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Expedited Declaratory Relief (Dkt. #37). The Union Defendants propounded discovery on August

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8, 2014.

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4.

On September 9, 2014, the Court conducted a hearing respecting the aforementioned

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motions and entered its Order (Dkt. #77) there upon on September 17, 2014. The Plaintiff filed a

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Motion to Alter or Amend Judgment or in the Alterative Relief from Final Judgment (Dkt. #78) and

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responses by the Defendants are due on or before November 4, 2014.

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5.

This extension is necessary based on counsels’ schedules, the availability of

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witnesses, the time needed to complete all reasonable discoveries and the opportunity to consider

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the Court’s ruling on the Plaintiff’s motion for reconsideration.

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For the above-stated reasons, the parties request that the discovery deadline be extended four

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(4) months from December 1, 2014 to April 1, 2015 to accord time for the Court’s ruling on

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Plaintiff’s Motion to Alter or Amend Judgment or in the Alterative Relief from Final Judgment and

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to allow discovery to be completed.

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PROPOSED SCHEDULE
1.

Discovery. The parties stipulate and agree that the discovery period shall be

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extended four (4) months from December 1, 2014 to April 1, 2015 with all written discovery to be

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propounded in time such that responses shall be due no later than April 1, 2015.

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2.

Expert Disclosures. The disclosure of experts and experts reports shall be due no

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later than February 2, 2015, which is not later than sixty (60) days before the proposed discovery

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deadline. The disclosure of rebuttal experts and their reports shall be due no later than March 3,

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2015, which is not later than thirty (30) days after expert disclosures.

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3.

Interim Status Report. An Interim Status report shall be filed no later than
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Case 2:13-cv-01782-APG-VCF Document 80 Filed 11/03/14 Page 3 of 4
February 2, 2015, which is sixty (60) days before the proposed discovery deadline.

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4.

Dispositive Motions. The parties shall have through and including May 1, 2015 to

file dispositive motions, which is thirty (30) days after the proposed discovery deadline.

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5.

Pretrial Order. If no dispositive motions are filed, the Joint Pretrial Order shall be

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file June 1, 2015, which is thirty (30) days after the date set for the filing of dispositive motion. In

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the event dispositive motions are filed, the date for filing the Joint Pretrial Order shall be suspended

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until thirty (30) days after decision on the dispositive motions or by further order of the Court.

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6.

Amending the Pleadings and Adding Parties. The last day to file motions to

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amend pleadings or to add parties shall be sixty (60) days before the close of discovery or sixty (60)

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days after the filing of the Defendants’ Frias Transportation Management; Virgin Valley Cab

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Company, Inc.: Ace Cab, Inc.; A-N.L.V. Cab Co.; Union Cab Co.; and Vegas-Western Cab, Inc.,

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Answer which ever occurs later.

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7.

Extensions or Modifications of the Discovery Plan and Scheduling Order. LR

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26-4 governs modifications or extensions of this discovery plan and scheduling order. Any

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stipulation or motion must be made not later than March 11, 2015, which is twenty-one (21) days

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before the discovery cut-off date of April 1, 2015, expiration of the subject deadline. All requests

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for extension shall fully comply with LR 26-4.

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Case 2:13-cv-01782-APG-VCF Document 80 Filed 11/03/14 Page 4 of 4
This stipulation and order is sought in good faith and not for the purpose of delay. No prior
request for any extension of scheduling deadlines has been made.
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DATED this 3rd day of November, 2014.

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LAW OFFICE OF DAN M. WINDER, P.C.

JACKSON LEWIS P.C.

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/s/Dan M. Winder
DAN M. WINDER, ESQ.
3507 W. Charleston Blvd.
Las Vegas, NV 89102
Attorney for Plaintiffs

/s/Paul T. Trimmer
PAUL T. TRIMMER
3800 Howard Hughes Pkwy, Ste. 600
Las Vegas, NV 89169
Attorney for Defendants
Frias Transportation Management;
Virgin Valley Cab Company, Inc.: Ace
Cab, Inc.; A-N.L.V. Cab Co.; Union
Cab Co.; and Vegas-Western Cab, Inc.

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GILBERT & SACKMAN
A Law Corporation
/s/Joshua F. Young
JOSHUA F. YOUNG
3699 Wilshire Boulevard, Suite 1200
Los Angeles, CA 90010-2732
Attorneys for Union Defendants
IT IS SO ORDERED.

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_________________________________________
JUDGE/MAGISTRATE, U.S. District Court

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11-4-2014
Dated_____________________________________

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