Welch et al v. My Left Foot Children's Therapy, LLC et al

Filing 160

ORDER approving ECF No. 155 Stipulation to Extend Deadlines in Scheduling Order per Local Rules IA 6-1, IA 6-2, 7-1, and 26-4. Signed by Magistrate Judge George Foley, Jr. on 1/17/2018. (Copies have been distributed pursuant to the NEF - KR)

Case 2:14-cv-01786-MMD-GWF Document 155 Filed 01/16/18 Page 1 of 4

1
2
3
4

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
SUZANNE L. MARTIN (Nevada Bar No. 8833)
Wells Fargo Tower, Ste. 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

5
6
7
8

AKIN GUMP STRAUSS HAUER & FELD LLP
SHAWN HANSON (admitted pro hac vice)
580 California Street, Suite 1500
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

9
10

Attorneys for Defendants My Left Foot Children’s
Therapy, LLC, Jon Gottlieb and Ann Marie Gottlieb

11
12

UNITED STATES DISTRICT COURT

13

FOR THE DISTRICT OF NEVADA

14
15

UNITED STATES OF AMERICA AND
THE STATE OF NEVADA ex rel. MARY
KAYE WELCH,

16
17
18

Plaintiffs,
v.
MY LEFT FOOT CHILDREN’S
THERAPY, LLC, et al.,

19
Defendants.
20

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:14-cv-01786-MMD-GWF
JOINT STIPULATION TO EXTEND
DEADLINES IN SCHEDULING ORDER
PER LOCAL RULES IA 6-1, IA 6-2, 7-1,
AND 26-4
(THIRD REQUEST)

21
22
23

STIPULATION AND [PROPOSED] ORDER
Pursuant to Local Rules IA 6-1, IA 6-2, 7-1, and 26-4, Plaintiff Mary Kaye Welch and

24

Defendants My Left Foot Children’s Therapy, LLC (“My Left Foot”), Jon Gottlieb, and Ann Marie

25

Gottlieb (“Defendants”) (collectively, the “Parties”), by and through their respective counsel of record,

26

stipulate and agree to extend the deadlines set forth in the Scheduling Order (ECF No. 124). This is

27

the Parties’ third request to modify the deadlines in the Scheduling Order. The first request, filed on

28

August 14, 2017 (ECF No. 112), was granted (ECF No. 113), as was the second request, filed on
1
JOINT STIPULATION TO EXTEND DEADLINES IN SCHEDULING ORDER
CASE NO. 2:14-cv-01786-MMD-GWF

Case 2:14-cv-01786-MMD-GWF Document 155 Filed 01/16/18 Page 2 of 4

1

November 3, 2017. (ECF Nos. 123, 124.)

2

I.

STATEMENT OF COMPLETED DISCOVERY

3

Initial Disclosures

4

The parties exchanged initial disclosures in June 2014.

5

Fact Discovery

6

Fact discovery closed on December 27, 2017.

7

II.

STATEMENT OF DISCOVERY TO BE COMPLETED

8

Expert discovery remains to be completed. Plaintiffs’ expert disclosure deadline is currently

9

set for February 28, 2018, and Defendants’ expert disclosure deadline is currently set for March 29,

10

2018. Plaintiffs must disclose any rebuttal experts by May 7, 2018. Expert discovery is currently

11

scheduled to be completed by June 6, 2018.

12

III.

THE REASONS FOR THE REQUESTED EXTENSION

13

The parties have agreed to jointly request referral to a judicial settlement conference. To avoid

14

unnecessarily incurring significant costs associated with expert discovery, the parties have also agreed

15

to jointly request a brief extension of the remaining deadlines in the Scheduling Order (ECF No. 124)

16

pending the outcome of the settlement conference.

17

IV.

18

REVISED PROPOSED DISCOVERY PLAN
The Parties respectfully request that the Court refer the Parties to the Magistrate Judge and stay

19

all expert deadlines pending completion of the settlement conference. Following the completion of

20

settlement conference and if the Parties are unable to resolve the matter, the Parties will propose

21

deadlines for expert designations, reports, and rebuttals that flow from the date of the settlement

22

conference and that are consistent with the timeline that has been previously been approved by the

23

Court. In the interim, the Parties will continue to brief the summary judgment motion filed by Relator

24

and will finish the outstanding fact depositions of Rebecca Bush and Meghan Gebhart.

25

This request is made in good faith and is designed to promote judicial economy and the

26

efficient use of resources. The Parties welcome the opportunity to participate in a conference call with

27

///

28

///
2
JOINT STIPULATION TO EXTEND DEADLINES IN SCHEDULING ORDER
CASE NO. 2:14-cv-01786-MMD-GWF

Case 2:14-cv-01786-MMD-GWF Document 155 Filed 01/16/18 Page 3 of 4

1

the Court to the extent the Court believes one to be necessary.

2
3

Dated: January 16, 2018

4

Respectfully submitted,

5

By:

6

David Scher (admitted pro hac vice)
R. Scott Oswald (admitted pro hac vice)
Andrew Witko (admitted pro hac vice)
The Employment Law Group, P.C.
[e-mail]
[e-mail]
[e-mail]
888 17th Street, NW, Suite 900
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]

7
8
9
10
11
12
13
14
15
16
17
18

/s/ David Scher

By:

L. Timothy Terry, Esq.
The Terry Law Firm, Ltd
102 N. Curry Street
Carson City, NV 89703
[e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff/Relator Mary Kaye
Welch

/s/ Shawn Hanson

Shawn Hanson (admitted pro hac vice)
Akin Gump Strauss Hauer & Feld LLP
580 California Street, Suite 1500
San Francisco, CA 94104
[e-mail]
Tel: [phone]
Fax: [phone]
Suzanne L. Martin
Ogletree, Deakins, Nash, Smoak, & Stewart,
P.C.
Wells Fargo Tower
3800 Howard Hughes Pkwy, Suite 1500
Las Vegas, NV 89169
[e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for Defendants My Left Foot
Children’s Therapy, LLC,
Jon Gottlieb and Ann Marie Gottlieb
ORDER
IT IS SO ORDERED:

19
20
21

GEORGE FOLEY, JR.
United States Magistrate Judge

22

1/17/2018
DATED: _____________

23
24
25
26
27
28
3
JOINT STIPULATION TO EXTEND DEADLINES IN SCHEDULING ORDER
CASE NO. 2:14-cv-01786-MMD-GWF