United States et al v. Jaynes Corporation et al

Filing 84

ORDER Granting 83 Stipulation to Extend Time. Discovery due by 6/30/2015. Motions due by 7/30/2015. Proposed Joint Pretrial Order due by 8/31/2015. Signed by Magistrate Judge Nancy J. Koppe on 4/15/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:13-cv-01907-APG-NJK Document 83 Filed 04/14/15 Page 1 of 7

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Leon F. Mead II, Esq.
Nevada Bar No. 5719
Robin E. Perkins, Esq.
Nevada Bar No. 9891
Bryan M. Gragg, Esq.
Nevada Bar No. 13134
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Jaynes Corporation and Western Surety Company

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0

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UNITED STATES FOR THE USE AND
BENEFIT OF AGATE STEEL, INC.;
AGATE STEEL, INC., an Arizona
corporation,
Plaintiffs,

CASE NO. 2:13-cv-01907-APG-NJK
AMENDED STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
DISCOVERY DEADLINES 1

vs.
(Sixth Request)
JAYNES CORPORATION, a New Mexico
corporation; WESTERN SURETY
COMPANY, a South Dakota corporation,
Defendants.
JAYNES CORPORATION, a New Mexico
corporation,

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Third-Party Plaintiff,

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vs.

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AMERICAN STEEL CORPORATION, a
Nevada corporation, THE OHIO
CASUALTY INSURANCE COMPANY, a
foreign corporation,

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Third-Party Defendants.

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On April 13, 2015, in compliance with LR 26-4, more than twenty-one days before the relevant deadline, the Parties
filed a Stipulation and [Proposed] Order to Continue Discovery Deadlines. [Doc. No. 81.] Per the Court’s order
denying that Stipulation [Doc. No. 82], because the signature blocks were on separate pages, the Parties file this
Amended Stipulation.

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Case 2:13-cv-01907-APG-NJK Document 83 Filed 04/14/15 Page 2 of 7

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Defendant/Third-Party Plaintiff Jaynes Corporation, Inc. (“Jaynes”) and Defendant

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Western Surety Company (“Western”); Plaintiff United States for the Use and Benefit of Agate

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Steel, Inc. (“Agate”); and Third-Party Defendants American Steel Corporation (“American

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Steel”) and the Ohio Casualty Insurance Company (“Ohio”), by and through their respective

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counsel (collectively the “Parties”), hereby file this Stipulation to Continue Discovery Deadlines.

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This request complies with Local Rule (“LR”) 6-1, 6-3, 7-1, and 26-4, and is based on good cause

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because the litigation of this matter will be best served by the proposed extension.

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I.

GOOD CAUSE FOR EXTENSION TO COMPLETE DISCOVERY

Station, located at Creech Air Force Base (the “Project”). Agate asserted a Miller Act claim

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Snell & Wilmer

This matter involves a federal work of improvement known as the Fire Crash Rescue

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L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0

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against Jaynes related to the Project, Jaynes asserted third party claims against American Steel,

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and American Steel asserted counterclaims against Jaynes.

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The parties have previously stipulated to continue discovery deadlines in order to provide

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reasonable time for all parties to review documents, for experts to review the file, and to complete

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discovery. This request is not made less than twenty-one days before the discovery deadline, thus

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excusable neglect need not be demonstrated per LR 26-4.

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In light of the Court’s recent order granting American Steel’s Motion for Leave to

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Substitute Expert and to Supplement Expert Disclosure Pursuant to Federal Rule of Civil

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Procedure 26, the Parties desire to extend the remaining discovery deadlines by sixty (60) days.

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[Doc. Nos. 77 and 80.]

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designated experts will need sufficient time to review the new report, possibly prepare a rebuttal

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report, prepare for their expert depositions, and for all parties to take the remaining depositions in

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this matter.

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The Parties believe the requested extension is necessary because the

Accordingly, good cause exists for this requested extension.
II.

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DISCOVERY COMPLETED TO DATE
To date the Parties have completed the following discovery:

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•

The Parties attended the initial FRCP 26(f) conference on January 23, 2014.

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•

Jaynes and Western made their initial FRCP 26(a)(1) disclosure on February 22,
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Case 2:13-cv-01907-APG-NJK Document 83 Filed 04/14/15 Page 3 of 7

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2014 along with supplemental disclosures on September 19, 2014, November 7,

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2014, December 19, 2014, December 22, 2014 and February 5, 2015.
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Agate made its initial FRCP 26(a)(1) disclosure on February 24, 2014, along with
supplemental disclosures on November 4, 2014 and November 5, 2014.

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American Steel and Ohio issued their initial FRCP 26(a)(1) disclosure on February

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24, 2014, along with supplemental disclosures on June 4, 2014, July 21, 2014,

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September 12, 2014, December 26, 2014 and February 5, 2015.
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2014 and June 17, 2014.
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L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0

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Snell & Wilmer

Agate served written discovery on Jaynes and American Steel on or about June 13,

American Steel served responses to Agate’s written discovery on or about July 16,
2014.

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American Steel and Ohio served written discovery on Jaynes on or about July 18,
2014.

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Jaynes served responses to Agate’s written discovery on or about July 21, 2014.

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Jaynes served responses to American Steel’s written discovery on or about August

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20, 2014 and supplemental responses on September 19, 2014.
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Jaynes served written discovery on Agate and American Steel on September 16,
2014.

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American Steel served written discovery on Jaynes on October 24, 2014.

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American Steel served responses to Jaynes’ written discovery on November 4,

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2014.
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Jaynes served responses to American Steel’s written discovery on November 26,
2014.

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Jaynes served its expert disclosure on September 15, 2014, and its rebuttal
exporter disclosure on December 22, 2014.

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American Steel served its expert disclosure on September 8, 2014.

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Jaynes has noticed the depositions of Agate’s relevant fact witnesses for April 28

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and April 29, 2015.
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The parties are currently coordinating schedules with counsel and all necessary
witnesses, who are in various states, to set all remaining depositions.

III.

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DISCOVERY TO BE COMPLETED
The parties anticipate that the following discovery still needs to be completed:

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Depositions of the Parties’ respective corporate representatives.

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Depositions of additional witnesses to be designated.

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Expert depositions.

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Any additional discovery that may be necessary.

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IV.

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PROPOSED NEW DEADLINES
A.

Deadline to Conclude All Discovery:

Snell & Wilmer

L.L.P.
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LAS VEGAS, NEV ADA 89 169
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Currently: May 4, 2015

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Proposed: June 30, 2015

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B.

Deadline for Parties to File Dispositive Motions:

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Currently: June 8, 2015

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Proposed: July 30, 2015

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C.

Deadline to File Pretrial Order:

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Currently: July 6, 2015

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Proposed: August 31, 2015

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Case 2:13-cv-01907-APG-NJK Document 83 Filed 04/14/15 Page 5 of 7

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V.

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CONCLUSION
For the foregoing reasons, the Parties respectfully request that the Court grant their

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request to continue the discovery deadlines detailed herein.

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Dated: April 14, 2015

Dated: April 14, 2015

SNELL & WILMER L.L.P.

LAW OFFICES OF TIMOTHY D. DUCAR,
PLC

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By: /s/ Robin E. Perkins
Leon F. Mead II, Esq.
Nevada Bar No. 5719
Robin E. Perkins, Esq.
Nevada Bar No. 9891
Bryan M. Gragg, Esq.
Nevada Bar No. 13134
3883 Howard Hughes Parkway
Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Attorneys for Jaynes Corporation and
Western Surety Company

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Dated: April 14, 2015

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0

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By: /s/ Timothy D. Ducar
Timothy D. Ducar, Esq.
Nevada Bar No. 10572
P.O. Box 72645
Phoenix, Arizona 85050
Telephone: [phone]
Facsimile: [phone]
Attorneys for United States for Use and
Benefit of Agate Steel, Inc. and Agate
Steel, Inc.

CHEIFETZ IANNITELLI MARCOLINI, P.C.

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By: /s/ Chase E. Halsey
Claudio E. Iannitelli, Esq.
(Admitted Pro Hac Vice)
Chase E. Halsey, Esq.
(Admitted Pro Hac Vice)
111 West Monroe Street, 17th Floor
Phoenix, AZ 85003
Telephone: [phone]
Facsimile: [phone]
Attorneys for United States for Use and
Benefit of American Steel Corporation;
American Steel Corporation; and the Ohio
Casualty Insurance Corporation
ORDER

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IT IS SO ORDERED.

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15th
DATED this ______ day of April, 2015.

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U.S. DISTRICTMagistrate Judge
United States COURT JUDGE

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