Bauman v. Saxe Management LLC et al

Filing 54

ORDER Granting 52 Stipulation to Continue Discovery and Class Certification Deadlines. Signed by Magistrate Judge Peggy A. Leen on 5/5/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:14-cv-01125-RFB-PAL Document 52 Filed 05/05/15 Page 1 of 5

1 JEFF SILVESTRI, ESQ.
Nevada Bar No. 5779
2 McDONALD CARANO WILSON LLP
2300 W. Sahara Avenue, Suite 1200
3 Las Vegas, NV 89102
Telephone: [phone]
4 Facsimile: 702.873.9966
E-mail: [e-mail]
5
Kenneth E. Payson, Esq.
6 Washington Bar No. 26369
Pro Hac Vice to be submitted
7 James Harlan Corning, Esq.
Washington Bar No. 45177
8
Pro Hac Vice to be submitted
9 DAVIS WRIGHT TREMAINE LLP
1201 Third Avenue, Suite 2200
10 Seattle, WA 98101
11 Attorneys for Defendants
12

UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA

14 JEREMY BAUMAN, individually and on behalf
of all persons similarly situated,
15
Plaintiff,
16
v.
17
V THEATER GROUP, LLC; SAXE
18 MANAGEMENT, LLC; DAVID SAXE; DOES
I through X, inclusive; and ROE
19 CORPORATIONS I through X, inclusive,

STIPULATION; ORDER TO
CONTINUE DISCOVERY AND
CLASS CERTIFICATION
DEADLINES (Consolidated with Case
No. 2:14-cv-01160-RCJ-(PAL))
(SECOND REQUEST)

Defendants.

20

STIPULATION

21

22

Case No. 2:14-cv-01125-RFB-(PAL)

Pursuant to Local Rules 6-1, 6-2 and 7-1, all parties through their counsel of record enter

23 into this Stipulation to extend the current scheduling order deadlines for discovery and for
24 Plaintiffs to file a motion for class certification. This is the second request for an extension. In
25 support of this request, the parties represent the following to the Court:
26

1.

On April 10, 2015, the parties filed their Stipulation; Order to Continue Discovery

27 and Class Certification Deadlines; and Protective Order (Dkt. 48), explaining that they had been
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1 diligently and productively engaged in discovery, including third-party discovery, and requesting a
2 short continuance of certain discovery and class certification deadlines to allow them to complete
3 class-related discovery and participate in a mediation in hopes of possibly avoiding burdening the
4 parties and the Court with the need to brief and decide class certification if settlement efforts are
5 successful.
6

2.

On April 13, 2015, the Court approved the parties’ stipulation and proposed schedule

7 (Dkt. 49) and set the following dates:
8

a. Close of Class Discovery Phase is July 31, 2015;

9

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

10

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

11
12

May 14, 2015.
3.

Among other reasons, in order to ensure the best chance of potentially resolving this

13 dispute through settlement, defendants recently retained the law firm of Davis Wright Tremaine LLP
14 as lead counsel in this matter. Davis Wright Tremaine has defended dozens of Telephone Consumer
15 Protection Act (“TCPA”) class actions throughout the nation, has successfully settled many such
16 class actions, and has a good working relationship with some of Plaintiffs’ counsel from representing
17 opposing parties in other TCPA class actions.
18

4.

Additionally, Plaintiffs continue in their efforts to compel production of documents

19 requested from Twilio, Inc. through proceedings now pending before Magistrate Judge Jacqueline
20 Scott Corley of the United States District Court for the Northern District of California. Materials
21 sought by Plaintiffs may assist the Parties to reach a settlement or otherwise resolve the case.

22 Magistrate Judge Corley has ordered further briefing which will not be completed until May 6, 2015.
23

5.

In order to allow time for Plaintiffs to compel production of documents from Twilio,

24 Inc., and in order to allow Davis Wright Tremaine sufficient time to prepare for the Saxe and Schaaf
25 depositions, provide additional information and documents responsive to Plaintiffs’ discovery
26 requests, and to prepare for the mediation, the parties stipulate and jointly ask the Court for a short
27 continuance of the above deadlines as follows:
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1

a.

The current July 31, 2015, Close of Class Discovery should be continued to

2 August 31, 2015;
3

b.

The current August 31, 2015, Deadline to file Motion to Certify Class should

4 be continued to September 30, 2015;
5

c.

The current depositions of witnesses David Saxe and Ric Schaaf should be

6 conducted by June 5, 2015, or another date mutually agreeable to the parties.
7

6.

In light of the above the parties anticipate rescheduling the mediation with Hon.

8 William C. Pate (Ret.) of JAMS in San Diego, California, from May 27, 2015, to June 25, 2015.
9

7.

To allow the parties the time necessary to prepare for and have a productive

10 mediation, and to potentially avoid the need to further burden themselves or the Court with further
11 litigation if settlement efforts succeed, the parties respectfully request the Court to approve the
12 foregoing stipulation.
Stipulated and respectfully submitted this 5th day of May 2015 by:

13
14

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

/s/ Jeff Silvestri, Esq.
Jeff Silvestri, Esq.
Nevada Bar No. 5779
McDONALD CARANO WILSON LLP
2300 W. Sahara Avenue, Suite 1200
Las Vegas, NV 89102
and

19 and
20 Philip S. Aurbach, Esq.
Nevada Bar No. 1501
21
Candice E. Renka, Esq.
22 Nevada Bar No. 11447
MARQUIS AURBACH COFFING
23 10001 Park Run Drive
Las Vegas, Nevada 89145
24
Attorneys for Plaintiff Jeremy Bauman
25

Kenneth E. Payson, Esq.
Washington Bar No. 26369
Pro Hac Vice to be submitted
James Harlan Corning, Esq.
Washington Bar No. 45177
Pro Hac Vice to be submitted
DAVIS WRIGHT TREMAINE LLP
1201 Third Avenue, Suite 2200
Seattle, WA 98101
Attorneys for Defendants

26
27
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/s/ Matthew R. Mendelsohn, Esq.
1 Matthew R. Mendelsohn, Esq.
2 New Jersey Bar No. 015582005
Admitted Pro Hac Vice
3 MAZIE SLATER KATZ & FREEMAN, LLC
103 Eisenhower Parkway
4 Roseland, New Jersey 07068

5 and
6 Payam Shahian, Esq.
California Bar No. 228406
7
Admitted Pro Hac Vice
8 STRATEGIC LEGAL PRACTICES, APC
1875 Century Park East, Suite 700
9 Los Angeles, California 90067
10 and
11 Dennis L. Kennedy, Esq.
Nevada Bar No. 14625
12 Paul C. Williams, Esq.
13 Nevada Bar No. 12524
BAILEY KENNEDY
14 8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148
15
Attorneys for Plaintiff Bijan Razilou
16
17
18
19

For the reasons stated in the parties’ Stipulation, the Court approves the parties’ Stipulation
and Orders as follows:
1.

20

23
24

The discovery deadlines for the Class Discovery Phase are:
a.

2.

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

b.

21

22

ORDER

Deadline to file Motion to Certify Class is September 30, 2015.

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

June 5, 2015, or another date mutually agreeable to the parties.

IT IS SO ORDERED.

25
26

UNITED STATES MAGISTRATE JUDGE
DATED: May 5, 2015

27

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1 Respectfully submitted by:
2 /s/ Jeff Silvestri, Esq.
3 Jeff Silvestri, Esq.
Nevada Bar No. 5779
4 McDONALD CARANO WILSON LLP
2300 W. Sahara Avenue, Suite 1200
5 Las Vegas, NV 89102
6 and
7 Kenneth E. Payson, Esq.
Washington Bar No. 26369
8
Pro Hac Vice to be submitted
9 James Harlan Corning, Esq.
Washington Bar No. 45177
10 Pro Hac Vice to be submitted
DAVIS WRIGHT TREMAINE LLP
11 1201 Third Avenue, Suite 2200
Seattle, WA 98101
12
13 Attorneys for Defendants
14
15
16
17
18
19
20
21

22
23
24
25
26
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