Bridge v. Credit One Financial

Filing 91

ORDER Granting 90 Stipulation to Extend Time to Provide Class Certification Expert Disclosures. Signed by Magistrate Judge Nancy J. Koppe on 6/23/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-01512-LDG-NJK Document 90 Filed 06/22/15 Page 1 of 4

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JOINTLY SUBMITTED
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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William Bridge, on behalf of himself and all :
others similarly situated,
:
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Plaintiff,
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vs.
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Credit One Financial, a Nevada Corporation :
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d/b/a Credit One Bank, N.A.,
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Defendant.
_______________________________________ :

Case No.: 2:14-cv-01512-LDG-NJK
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO
PROVIDE CLASS CERTIFICATION
EXPERT DISCLOSURES
(Second Request)

The parties to the above-captioned action respectfully jointly submit the following
Stipulation and Proposed Order for the Court’s consideration and approval:

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WHEREAS, on December 30, 2014, the Court entered the Joint Discovery Plan and

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Scheduling Order (Dkt. No. 24) (“Scheduling Order”) establishing, among other things, deadlines

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for Rule 26(a)(2) expert disclosures pertaining to the class certification phase of litigation;

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WHEREAS, on February 24, 2015, the Court entered the Stipulation and Order Amending

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Scheduling Order (Dkt. No. 47) (“Amended Scheduling Order”) establishing, among other things, a

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deadline of June 22, 2015 for opening Rule 26(a)(2) expert disclosures pertaining to the class

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certification phase of litigation, a deadline of July 24, 2015 for rebuttal Rule 26(a)(2) expert

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disclosures pertaining to the class certification phase of litigation, a deadline of July 24, 2015 for

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completion of class certification discovery, and a deadline of August 21, 2015 for filing any class

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certification motion; WHEREAS, on June 2, 2015, the Court entered an Order Extending Time To

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Provide Class Certification Expert Disclosures (Dkt. No. 84). The June 2, 2015 Order continued

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for an additional twenty-one (21) days, to July 13, 2015, the deadline for opening Rule 26(a)(2)

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expert disclosures pertaining to the class certification phase of litigation, and continued for an

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additional twenty-one (21) days to August 14, 2015, the deadline for rebuttal Rule 26(a)(2) expert

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disclosures pertaining to the class certification phase of litigation;
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Case 2:14-cv-01512-LDG-NJK Document 90 Filed 06/22/15 Page 2 of 4

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WHEREAS, on March 31, 2015, Defendant CREDIT ONE BANK, N.A. (“Defendant”)

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filed a Motion for Protective Order (Dkt. No. 63) pertaining to Plaintiff WILLIAM BRIDGE’s

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(“Plaintiff”) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

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Premises served on NCO Financial Systems; WHEREAS, on April 24, 2015, Defendant filed a

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Motion for Order Authorizing Time Warner Cable (“TWC”) to Produce Documents Responsive to

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Subpoena (Dkt. No. 72).

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WHEREAS, on June 17, 2015, Plaintiff filed a Motion to Compel (Dkt. Nos. 88 and 89)

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seeking an Order requiring production by Defendant of documents responsive to Request Nos.

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1(A)-(N), and Request No. 2 of Plaintiff’s First Set of Documents Requests;

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WHEREAS, to date, the parties have engaged in the following discovery: (a) the parties

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have served Initial Disclosures pursuant to Fed. R. Civ. P. 26(a) and Defendant has served five

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supplemental Initial Disclosures; (b) Plaintiff has served Responses and Objections to Defendant’s

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First Set of Requests for Production of Documents and Defendant’s First Set of Interrogatories; (c)

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Plaintiff has produced approximately 250 pages of material in response to Defendant’s First Set of

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Requests for Production of Documents; (d) Defendant has served Responses and Objections to

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Plaintiff’s First Set of Requests for Production of Documents; (e) Defendant has produced

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approximately 889 pages of material in response to Plaintiff’s First Set of Requests for Production

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of Documents; (f) Plaintiff has served upon Defendant a Second Set of Requests for Production of

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Documents and a First Set of Interrogatories, responses to which are due June 29, 2015; (g) Plaintiff

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has deposed Defendant’s Fed. R. Civ. P. 30(b)(6) designee on March 23, 2015, as well as an

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employee noticed individually on May 20, 2015; (h) Plaintiff served a Fed. R. Civ. P. 45 subpoena

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on non-party NCO Financial Systems, Inc. (“NCOFS”) on March 12, 2015, in response to which

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Defendant moved to quash in the Eastern District of Pennsylvania (Bridge v. Credit One Financial,

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C.A. No. 15-mc-125)) on April 28, 2015; (i) Plaintiff and non-party NCOFS are presently

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negotiating the terms of NCOFS’s production of documents in response to the subpoena, in light of

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the Eastern District of Pennsylvania’s Order of May 19, 2015 denying Defendant’s motion to

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quash; (j) Defendant served Notices of Subpoena for Documents and Deposition Testimony to the

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Custodian of Records for Cellco Partnership dba Verizon Wireless on February 5, 2015, March 3,
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Case 2:14-cv-01512-LDG-NJK Document 90 Filed 06/22/15 Page 3 of 4

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2015, and May 7, 2015; (k) Plaintiff intends to depose on June 30, 2015 an employee of Defendant

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(noticed individually); and (l) Defendant intends to depose Plaintiff on July 1, 2015;

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WHEREAS, the discovery that remains to be completed during class discovery includes:

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document production by Defendant in response to Plaintiff’s Second Set of Requests for Production

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of Documents, Defendant’s responses to Plaintiff’s First Set of Interrogatories, and deposition

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testimony of potential additional employees of Defendant, to the extent permitted by Order of the

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Court on Defendant’s (1) Motion to Stay Action Pursuant to the Primary Jurisdiction Doctrine

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Pending Outcome of Petitions Currently Before the Federal Communications Commission (Dkt.

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No. 27), (2) Defendant’s Motion for Protective Order (Dkt. No. 63), (3) Plaintiff’s Motion to

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Compel (Dkt. No. 88); (4) document production by TWC to the extent permitted by Order of the

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Court on Defendant’s Motion for Order Authorizing Time Warner Cable to Produce Documents

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Responsive to Subpoena (Dkt. No. 72); and (5) document production by non-party NCOFS;.

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WHEREAS, the parties have met and conferred concerning modifications to the Amended

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Scheduling Order. The parties agree that further amendments to the Amended Scheduling Order

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are required in light of the progress of discovery to date and the pendency of Defendant’s Motion

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for Protective Order (Dkt. No. 63) and Plaintiff’s Motion to Compel (Dkt. No. 88);

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WHEREAS, the parties have agreed that the Amended Scheduling Order’s deadlines for

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opening and rebuttal Rule 26(a)(2) expert disclosures, for close of class certification discovery and

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for Plaintiff’s motion for class certification should be modified to take account of the progress of

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discovery.

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WHEREAS, the parties agree that any extension of the initial Rule 26(a)(2) expert

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disclosure deadline should in fairness be accompanied with a similar extension of the rebuttal Rule

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26(a)(2) expert disclosure deadline;

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WHEREAS, pursuant to section I.3 of the Scheduling Order, the parties filed, on February

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19, 2015, a Joint Interim Status Report advising the Court of the parties’ agreement concerning

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proposed modifications to the Scheduling Order;

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NOW, THEREFORE, the parties, by their respective undersigned counsel, and subject to
this Court’s approval, agree and stipulate as follows:
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Case 2:14-cv-01512-LDG-NJK Document 90 Filed 06/22/15 Page 4 of 4

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The deadline for completion of class certification discovery shall be extended by

thirty (30) days to August 24, 2015;
2.

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The deadline for initial Rule 26(a)(2) expert disclosures pertaining to the class

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certification phase of litigation shall be continued an additional twenty-one (21) days, to August 3,

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2015;

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3.

The deadline for rebuttal Rule 26(a)(2) expert disclosures pertaining to the class

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certification phase of litigation shall be continued an additional twenty-one (21) days, to September

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4, 2015;

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4.

The deadline for filing any class certification motion shall be extended by thirty (30)

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days to September 21, 2015.

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DATED: June 22, 2015

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IT IS SO STIPULATED:

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SHOOK & STONE, CHTD.

GRANT & EISENHOFER P.A.

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/s/ Leonard H. Stone
LEONARD H. STONE (NV Bar No. 5791)
MICHAEL P. O’ROURKE (NV Bar No. 6764)
7109 S. Fourth Street
Las Vegas, NV 89101

/s/ Adam J. Levitt
ADAM J. LEVITT (admitted pro hac vice)
KYLE J. McGEE (admitted pro hac vice)
30 N. LaSalle Street, Suite 2350
Chicago, IL 60602

Attorneys for Plaintiff

Attorneys for Plaintiff

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HOLLAND & HART LLP
/s/ Brian G. Anderson
PATRICK J. REILLY (NV Bar No. 6103)
BRIAN G. ANDERSON (NV Bar No. 10500)
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Attorneys for Defendant

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IT IS SO ORDERED:
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NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

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DATED: June 23, 2015
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