PN II, Inc. et al v. Aspen Manufacturing, LTD

Filing 14

ORDER Granting 13 Stipulation to Extend Discovery Dates. Discovery due by 11/27/2015. Motions due by 12/28/2015. Proposed Joint Pretrial Order due by 1/27/2016. Signed by Magistrate Judge Cam Ferenbach on 7/14/2015. (Copies have been distributed pursuant to the NEF - DC)

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CHRISTOPHER J. CURTIS, ESQ.
Nevada Bar No. 4098
[e-mail]
PHILIP GOODHART, ESQ.
Nevada Bar No. 5332
[e-mail]
THORNDAL, ARMSTRONG, DELK,
BALKENBUSH & EISINGER
1100 Bridger Avenue
Las Vegas, Nevada 89101
MAIL TO:
P.O. BOX 2070
LAS VEGAS, NV 89125-2070
TEL: [phone]
FAX: [phone]
Attorney for Defendant,
ASPEN MANUFACTURING, LTD.

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UNITED STATE DISTRICT COURT

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DISTRICT OF NEVADA

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PN II, INC. dba PULTE HOMES OF NEVADA,
a Nevada Corporation; and PULTE HOME
CASE NO. 2:14-CV-01382-APG-VCF
CORPORATION, a Michigan corporation,

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Plaintiffs,

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vs.

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ASPEN MANUFACTURING, LTD., a Texas
Limited Liability Corporation; and DOES 1-100,

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STIPULATION AND ORDER TO
REVISE AND AMEND THE
STIPULATED DISCOVERY
PLAN AND SCHEDULING
ORDER (#12)

Defendants.
Plaintiff and Defendant, acting by and through counsel, stipulate that the

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Discovery Plan and Scheduling Order (#12) be revised and amended to reflect new

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agreed upon deadlines and dates. The reason for this revision and amendment is that

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Defendant is currently involved in state court litigation involving the same evaporator coil

THORNDAL, ARMSTRONG, DELK,
BALKENBUSH & EISINGER

Stipulation And Order To Revise And Amend The Stipulated Discovery Plan And
Scheduling Order (#12)
CASE NO. 2:14-CV-01382-APG-VCF
Page 1 of 5

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that is at issue in this matter. The state court matter is entitled The Seasons Homeowners
Association v. Richmond American Homes of Nevada, et al., Case No. A-13-676550-D. In the

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Seasons case, the Special Master has issued a Case Management Order that requires the

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Defendants in that matter, including Aspen Manufacturing, Ltd., to deposit its expert

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reports on September 11, 2015. In light of the similarity between this case and the Seasons

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case, the parties have agreed that an earlier disclosure of expert witnesses in this matter
could have a significant negative impact on the Seasons litigation.

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As the issues involving the evaporator coils are virtually identical between this
Federal Court action and the State Court action, and in order to maintain consistency

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between the two litigations, Plaintiff and Defendant, herein, respectfully request that the

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Stipulated Discovery Plan and Scheduling Order (#12) more closely track the State

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Court’s Case Management Order. As such, the parties agree to the following new

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deadlines:

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1. Date First Defendant Answered

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Unchanged.

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2. Meeting

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Unchanged

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3. Initial Disclosures

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Unchanged

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4. Discovery Plan

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Unchanged

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THORNDAL, ARMSTRONG, DELK,
BALKENBUSH & EISINGER

///
Stipulation And Order To Revise And Amend The Stipulated Discovery Plan And
Scheduling Order (#12)
CASE NO. 2:14-CV-01382-APG-VCF
Page 2 of 5

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5. Discovery Cut Off Date

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Discovery is proposed to close on November 27, 2015. This extension is

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requested so that the Federal Court action can more closely track the State Court action.

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6. Amending the Pleadings and Adding Parties

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The parties shall have ninety (90) days prior to the close of discovery within which

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to amend the pleadings or add additional parties. The last day for amending pleadings or
adding parties shall be August 27, 2015.

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7. Fed. R. Civ. Proc. 26(a)(2) and LR 26-1(e)(3) Disclosures (Experts)

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Disclosures identifying experts shall be made August 28, 2015. Disclosures

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identifying rebuttal experts shall be made September 28, 2015.

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8. Dispositive Motions

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The parties shall have until December 28, 2015 to file dispositive motions. This is

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thirty (30) days after the close of discovery.

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9. Pretrial Order

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The Joint Pretrial Order shall be filed by January 27, 2016, which is no later than

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thirty (30) days after the date set for the filing of dispositive motions. In the event

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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

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Court.

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10. Stipulation Regarding Limitations or Conditions or Additional
Discovery
Unchanged.

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THORNDAL, ARMSTRONG, DELK,
BALKENBUSH & EISINGER

Stipulation And Order To Revise And Amend The Stipulated Discovery Plan And
Scheduling Order (#12)
CASE NO. 2:14-CV-01382-APG-VCF
Page 3 of 5

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11. Interim Status Report

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An interim status report shall be submitted by the parties by September 28, 2016,

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which is no later than sixty (60) days before the discovery cut off. The interim status

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report will state the time the parties estimate will be required for trial, giving three (3)

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alternative available trial dates, and stating whether, in the opinion of counsel who will try

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the case, trial will be eliminated or its length affected by substantive motions. This status
report shall be signed by counsel for each party.

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12. Later Appearing Parties

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Unchanged.

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13. Extensions or Modifications of the Discovery Plan and Scheduling
Order Pursuant to LR 26-4

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Unchanged.

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14. Mediation

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Unchanged.

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15. Protective Order

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Unchanged.

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THORNDAL, ARMSTRONG, DELK,
BALKENBUSH & EISINGER

Stipulation And Order To Revise And Amend The Stipulated Discovery Plan And
Scheduling Order (#12)
CASE NO. 2:14-CV-01382-APG-VCF
Page 4 of 5

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DATED this 14th day of July, 2015.
THORNDAL, ARMSTRONG, DELK,
BALKENBUSH & EISINGER

KOELLER, NEBEKER, CARLSON
& HALUCK, LLP

/s/ Philip Goodhart
________________________________
CHRISTOPHER J. CURTIS, ESQ.
Nevada Bar No. 4098
PHILIP GOODHART, ESQ.
Nevada Bar No. 5332
1100 Bridger Avenue
Las Vegas, Nevada 89101
Attorney for Defendant,
ASPEN MANUFACTURING, LTD.

/s/ Alicia A. Young
________________________________
JASON W. WILLIAMS, ESQ.
Nevada Bar No. 8310
ALICIA A. YOUNG, ESQ.
Nevada Bar No. 10891
300 South Fourth Street
Suite 500
Las Vegas, Nevada 89101
Attorney for Plaintiff,
PULTE HOMES OF NEVADA

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ORDER
IT IS SO ORDERED.

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________________________________
UNITED STATES MAGISTRATE JUDGE

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July 14, 2015
DATED: ________________________

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Respectfully Submitted by,

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THORNDAL, ARMSTRONG, DELK,
BALKENBUSH & EISINGER

THORNDAL, ARMSTRONG, DELK,
BALKENBUSH & EISINGER
/s/ Philip Goodhart
________________________________
CHRISTOPHER J. CURTIS, ESQ.
Nevada Bar No. 4098
PHILIP GOODHART, ESQ.
Nevada Bar No. 5332
1100 Bridger Avenue
Las Vegas, Nevada 89101
Attorney for Defendant,
ASPEN MANUFACTURING, LTD.
Stipulation And Order To Revise And Amend The Stipulated Discovery Plan And
Scheduling Order (#12)
CASE NO. 2:14-CV-01382-APG-VCF
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