Bauman v. Saxe Management LLC et al

Filing 49

ORDER Granting 48 Stipulation to Continue Discovery and Class Certification Deadlines; and Protective Order. Signed by Magistrate Judge Peggy A. Leen on 4/13/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:14-cv-01125-RFB-PAL Document 48 Filed 04/10/15 Page 1 of 7

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CARRIE MCCREA HANLON, ESQ.
Nevada Bar No. 003902
CHRISTOPHER A. TURTZO, ESQ.
Nevada Bar No. 10253
MORRIS, SULLIVAN, LEMKUL & PITEGOFF
3770 Howard Hughes Parkway, Suite 170
Las Vegas, NV 89169
Telephone [phone]
Fax [phone]
[e-mail]
[e-mail]
Attorney for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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JEREMY BAUMAN, individually and on
behalf of all persons similarly situated,

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Plaintiffs,
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v.
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V THEATER GROUP, LLC; SAXE
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MANAGEMENT, LLC; DAVID SAXE;
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DOES I through X inclusive and ROE
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CORPORATIONS I through X, inclusive,
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Defendants.
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BIJAN RAZILOU, individually, and on
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behalf of all others similarly situated,
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Plaintiff,
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v.
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V THEATER GROUP, LLC, a Nevada
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Limited Liability Company; SAXE
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PRODUCTIONS, INC., a Nevada
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Corporation; DAVID SAXE
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PRODUCTIONS, LLC, a Nevada Limited
Liability Company; SAXE MANAGEMENT, )
LLC, a Nevada Limited Liability Company; )
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DAVID SAXE, an individual,
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Defendants.
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Case No. 2:14-cv-01125-RFB-PAL
(Consolidated with Case No. 2:14-cv-01160RCJ-PAL )
STIPULATION; ORDER TO CONTINUE
DISCOVERY AND CLASS
CERTIFICATION DEADLINES; AND
PROTECTIVE ORDER
(FIRST REQUEST)

STIPULATION AND ORDER
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Case 2:14-cv-01125-RFB-PAL Document 48 Filed 04/10/15 Page 2 of 7

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STIPULATION

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All parties through their counsel of record enter into this Stipulation to extend the current

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scheduling order deadlines for discovery and for plaintiffs to file a motion for class certification

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pursuant to the provisions local Rules 6-1, 6-2 and 7-1. This is the first request for an extension.

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The parties through their counsel of record also enter into this Stipulation to obtain a
protective order to permit the completion of certain discovery.
I.

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Discovery Conducted to Date and Reason for Protective Order
The parties have diligently conducted document and written discovery. All parties have

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made initial disclosures of witnesses and documents pursuant to Fed. R. Civ. P. 26. Plaintiffs

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also have propounded multiple sets of written interrogatories and requests for production to

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which defendants have served original and supplemental responses. However, production of

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certain discovery materials has not yet occurred. Through meeting and conferring, the parties

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have reached an agreement whereby these materials and relevant materials possessed by third-

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parties can be produced to plaintiffs subject to a protective order.

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The plaintiffs also have served a document request on non-party Twilio, Inc. via

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subpoena. Twilio has not responded, and the plaintiffs filed an Application for an Order to Show

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Cause Why Twilio should not be held in contempt in the U.S. District Court for Northern

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California, San Francisco Division. The Order to Show Cause has been issued, and a hearing is

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scheduled for this matter on April 16, 2015 in San Francisco.

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The parties have conferred extensively regarding the relative merits of the claims and

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defenses and other issues relating to the lawsuit.

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II.

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Reason for Request for Continuance / Extension
The current class discovery deadline is April 30, 2015, and the current deadline for

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plaintiffs to file a motion for class certification is May 30, 2015. See ECF Doc. # 35. The

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purpose of the requested extension is to permit the parties to engage in mediation before

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incurring the significant costs and expense associated with completing the class discovery phase

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and filing briefs regarding class certification. The parties have agreed to participate in Mediation

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on May 27, 2015, with Hon. William C. Pate (Ret) of JAMS in San Diego, California.
STIPULATION AND ORDER
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Case 2:14-cv-01125-RFB-PAL Document 48 Filed 04/10/15 Page 3 of 7

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To facilitate mediation and to continue advancing resolution of this case, the parties also

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have agreed to the taking of two of defendants’ witnesses, David Saxe and Ric Schaaf prior to

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the mediation date. The parties are targeting May 12, 13, and 14 for these depositions.

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Depositions on these dates should allow for plaintiffs to prepare for the depositions in light of

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materials to be produced subject to the proposed protective order and as may be ordered in

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connection with the current Order to Show Cause proceedings now pending against third-party

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Twilio, Inc. in San Francisco.

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Accordingly, the parties have agreed to continue all dates in the current scheduling order
by three months and respectfully request the Court to approve this request.

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PROPOSED AMENDMENTS TO SCHEDULING ORDER
Based on the foregoing, the parties stipulate to the following amendments to the
Stipulated Discovery Plan and Scheduling Order currently on file. See ECF Doc. # 35.
1.

The discovery deadlines for the Class Discovery Phase should be amended as

follows:

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a.

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continued to July 31, 2015; and

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b.

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The current April 30, 2015 Close of Class Discovery Phase should be

The current May 30, 2015 Deadline to file Motion to Certify Class should
be continued to August 31, 2015.

2.

No amendment should be necessary for the Merits Discovery Phase which is

contingent upon the Court’s decision regarding the Motion for Class Certification.

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3.

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by May 14, 2015.

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The parties should conduct depositions of witnesses David Saxe and Ric Schaaf

PROPOSED PROTECTIVE ORDER

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For reasons referenced above, the parties also stipulate to the following Protective Order:

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1.

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Any document or thing which the parties mutually agree in writing to be

confidential shall not be used for any purpose that is not related to the present litigation.

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STIPULATION AND ORDER
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Case 2:14-cv-01125-RFB-PAL Document 48 Filed 04/10/15 Page 4 of 7

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2.

Personal, identifying information of Defendants’ customers will be redacted from

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such confidential documents and things when filed with the Court except when filed under seal

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together with a motion requesting the filing to remain under seal.

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3.

At present, the following documents and things are agreed to be confidential:

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a.

Text message transmission records obtained from Twilio, Inc.; and

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b.

The three executable scripts and programs mentioned in Defendants’

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Supplemental Response to Interrogatory No. 1 together with the source

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code for these scripts and programs.

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4.

A party’s agreement to treat any document or thing as confidential in no respect

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prejudices the ability of that party from later challenging such a designation of confidentiality.

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However, all parties must continue treating such documents and things as confidential under this

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Stipulation until a court determines that such documents and things are not confidential.

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Dated: _April 10, 2015_

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_/s/ Albert H. Kirby, Esq._____________
Albert H. Kirby, Esq.
Washington Bar No. 40187
Admitted Pro Hac Vice
SOUND JUSTICE LAW GROUP, PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103

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and

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Philip S. Aurbach, Esq.
Nevada Bar No. 1501
Candice E. Renka, Esq.
Nevada Bar No. 11447
MARQUIS AURBACH COFFING
10001 Park Run Drive
Las Vegas, Nevada 89145

_/s/ Jeffrey I. Pitegoff, Esq._____________
Jeffrey I. Pitegoff, Esq.
Nevada Bar No. 5458
Carrie McCrea Hanlon, Esq.
Nevada Bar No. 3902
Christopher A. Turtzo, Esq.
Nevada Bar No. 10253
MORRIS SULLIVAN LEMKUL &
PITEGOFFF
3770 Howard Hughes Parkway
Suite 170
Las Vegas, Nevada 89169
Attorneys for Defendants

Attorneys for Plaintiffs Jeremy Bauman

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STIPULATION AND ORDER
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_/s/ Payam Shahian, Esq.______________
Payam Shahian, Esq.
California Bar No. 228406
Admitted Pro Hac Vice
STRATEGIC LEGAL PRACTICES, APC
1875 Century Park East, Suite 700
Los Angeles, California 90067

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and

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Matthew R. Mendelsohn, Esq.
New Jersey Bar No. 015582005
Admitted Pro Hac Vice
MAZIE SLATER KATZ & FREEMAN, LLC
103 Eisenhower Parkway
Roseland, New Jersey 07068

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and

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Dennis L. Kennedy, Esq.
Nevada Bar No. 14625
Paul C. Williams, Esq.
Nevada Bar No. 12524
BAILEY KENNEDY
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148

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Attorneys for Plaintiff Bijan Razilou

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STIPULATION AND ORDER
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ORDER
For the reasons stated in the parties’ Stipulation, the Court adopts the parties’ Proposed

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Orders as orders of this Court.

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A.

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Amendments to Discovery Scheduling Order (ECF Doc. # 35)
1.

The discovery deadlines for the Class Discovery Phase are:

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a.

Close of Class Discovery Phase is July 31, 2015; and

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b.

Deadline to file Motion to Certify Class is August 31, 2015.

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2.

The parties shall conduct depositions of witnesses David Saxe and Ric Schaaf by

May 14, 2015.
B.

Protective Order
1.

Any document or thing which the parties mutually agree in writing to be

confidential shall not be used for any purpose that is not related to the present litigation.
2.

Personal, identifying information of Defendants’ customers shall be redacted from

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such confidential documents and things when filed with the Court except when filed under seal

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together with a motion requesting the filing to remain under seal.

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3.

As agreed by the parties, the following shall be deemed confidential:

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a.

Text message transmission records obtained from Twilio, Inc.; and

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b.

The three executable scripts and programs mentioned in Defendants’

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Supplemental Response to Interrogatory No. 1 together with the source

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code for these scripts and programs.

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4.

A party’s agreement to treat any document or thing as confidential in no respect

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prejudices the ability of that party from later challenging such a designation of confidentiality.

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However, all parties must continue treating such documents and things as confidential under this

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Protective Order until a court determines that such documents and things are not confidential.

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IT IS SO ORDERED.

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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April 13, 2015
DATED: _________________________
STIPULATION AND ORDER
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Respectfully submitted by
MORRIS SULLIVAN LEMKUL &
PITEGOFFF

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_/s/ Jeffrey I. Pitegoff, Esq._________
Jeffrey I. Pitegoff, Esq.
Nevada Bar No. 5458
Carrie McCrea Hanlon, Esq.
Nevada Bar No. 3902
Christopher A. Turtzo, Esq.
Nevada Bar No. 10253
3770 Howard Hughes Parkway
Suite 170
Las Vegas, Nevada 89169
Attorneys for Defendants

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STIPULATION AND ORDER
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