Collins v. Sterling Jewelers, Inc

Filing 24

ORDER Granting 23 Stipulation to Extend Discovery Deadlines. Discovery due by 12/18/2015. Motions due by 1/19/2016. Proposed Joint Pretrial Order due by 2/16/2016. Signed by Magistrate Judge George Foley, Jr on 6/26/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-01997-JCM-GWF Document 23 Filed 06/25/15 Page 1 of 4

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WILLIAM W. McGAHA, ESQ.
Nevada Bar #3234
JOSHUA SANTERAMO, ESQ.
Nevada Bar #12086
SCHUETZE & McGAHA, P.C.
601 S. Rancho Drive, Suite C-20
Las Vegas, Nevada 89106
[phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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CLARK COUNTY, NEVADA

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LAWRENCE COLLINS, an individual

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CASE NO: 2:14-cv-01997-JCM-GWF

Plaintiff,

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vs.

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STERLING JEWELERS, INC., a foreign
Corporation; DOES I through X
inclusive, and ROES CORPORATIONS
XI through XX, inclusive,

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
PURSUANT TO LOCAL RULE 26-4
(FIRST REQUEST)

Defendants.

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COMES NOW Plaintiff LAWRENCE COLLINS, by and through his counsel of record,

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William W. McGaha, Esq. and Joshua M. Santeramo, Esq. of the Law Offices of SCHUETZE

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& McGAHA, P.C., and Defendant, STERLING JEWELERS, INC. (“Sterling”), by and through

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its counsel of record, William F. Dugan, Esq. and Eric M. Lloyd, Esq. of SEYFARTH SHAW

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LLP, hereby submit this stipulation and order to extend discovery deadlines pursuant to Local

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Rule 26-4.

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Plaintiff Collins and Defendant Sterling have completed the Early Neutral Evaluation

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Conference and begun discovery, including exchanging FRCP 26 disclosures of documents

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and supplements, and propounding written discovery. The parties are also in the process of

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deposition scheduling. The primary depositions the parties intend on taking are of Plaintiff

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Collins, Defendant Sterling’s designated representative pursuant to FRCP 30(b)(6), and

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relevant Defendant employees from the time material to the Complaint, Melissa Henry and

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Brad Smith. Other depositions may be necessary in the future. Further, Mr. Smith is no longer

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employed with Defendant Sterling and living out-of-state.
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Case 2:14-cv-01997-JCM-GWF Document 23 Filed 06/25/15 Page 2 of 4

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These depositions are critical to the liability issues involved, and the parties agree that

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they should take place prior to the designation of experts, of which the deadline is currently

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July 21, 2015. The parties request an extension of sixty (60) days for all deadlines to

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accommodate for deposition scheduling and the retention of experts, in addition to other

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necessary discovery.

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I.

FACTUAL AND PROCEDURAL BACKGROUND:

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This lawsuit arises from the termination of Plaintiff Collins by Defendant Sterling in

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November 2013. Plaintiff alleges that he was wrongfully terminated in retaliation for pursuing

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entitled leave under the Family Medical Leave Act, and due to a failure to accommodate his

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alleged disability under the Americans with Disabilities Act. This is in addition to other federal

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and state claims plead in the Complaint. Defendant Sterling denies the allegations and claims

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good cause for Plaintiff’s termination.

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Plaintiff Collins commenced the lawsuit on December 2, 2014. (Doc. #1). Defendant

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Sterling filed its responsive pleading on January 21, 2015. (Doc. #9). On March 6, 2015, the

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parties submitted their proposed discovery plan. (Doc. #16). The scheduling order was then

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approved and signed by the Magistrate Judge on March 9, 2015. (Doc. #17). The parties

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then attended the Early Neutral Evaluation Conference on April 28, 2015, which did not result

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in a settlement. (Doc. #20).

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Since that time, the parties have propounded written discovery and are in the process

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of providing answers. The parties have also met and conferred regarding the deposition

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scheduling as indicated above. These depositions will be necessary to evaluate liability and

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any potential for settlement prior to the retention of experts. Therefore, the parties seek a sixty

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(60) day extension of all current deadlines.

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A.

Statement of Discovery Completed

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1.

The parties have participated in the Initial Case Conference and have
exchanged initial and supplemental disclosures;

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2.

Plaintiff Collins has propounded interrogatories and requests for production of
documents;
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Case 2:14-cv-01997-JCM-GWF Document 23 Filed 06/25/15 Page 3 of 4

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Sterling and inquired into the availability of Melissa Henry and Brad Smith; and

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Plaintiff Collins has sent an FRCP 30(b)(6) notice of deposition to Defendant

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Defendant has propounded interrogatories and requests for production of
documents, and, served a deposition notice on Plaintiff.

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B.

Statement of Discovery Remaining

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1.

Further document supplements to the initial disclosures;

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2.

Answers to written discovery;

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3.

Depositions of the parties, fact witnesses, and corporate representatives;

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4.

Initial and rebuttal expert disclosures;

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Depositions of expert witnesses; and

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Additional discovery as needed.

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C.

Reasons Why Discovery Was Not Completed Within Time Limitations

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As explained above, both parties agree that the depositions of Plaintiff, Brad Smith,

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Melissa Henry, and an FRCP 30(b)(6) representative of Defendant are necessary to evaluate

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liability and continue potential settlement discussions. Moreover, these depositions will be

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necessary for determining the necessity of experts. Given the quick turn around from the Early

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Neutral Evaluation Conference, the summer schedule, and some out-of-state witnesses, the

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parties agree that an extension of sixty (60) days is necessary.

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D.

A Proposed Schedule for Completing All Discovery

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Amendments to Pleadings:

From 7/21/2015 to 9/21/2015

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Initial Expert Disclosures:

From 7/21/2015 to 9/21/2015

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Interim Status Report:

From 8/20/2015 to 10/19/2015

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Rebuttal Expert Disclosures:

From 9/4/2015 to 11/3/2015

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Discovery Cut-Off:

From 10/19/2015 to 12/18/2015

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Dispositive Motions:

From 11/18/2015 to 1/19/2016

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Joint Pretrial:

From 12/18/2015 to 2/16/2016

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The joint pretrial order shall be filed no later than February 16, 2016, which is not more

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than thirty (30) days after the date set for filing dispositive motions in this case. In the event
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Case 2:14-cv-01997-JCM-GWF Document 23 Filed 06/25/15 Page 4 of 4

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that dispositive motions are filed, the date for filing of the joint pretrial order shall be

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suspended until thirty (30) days after a decision on the dispositive motions or further order of

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the Court.

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DATED this 25th

day of June, 2015.

day of June, 2015.

SCHUETZE & McGAHA, P.C.

SEYFARTH SHAW LLP

By /s/Joshua Santeramo
WILLIAM W. McGAHA, ESQ.
JOSHUA SANTERAMO, ESQ.
601 S. Rancho Drive, Suite C-20
Las Vegas, Nevada 89106
Attorneys for Plaintiff

By /s/Eric M. Lloyd
WILLIAM F. DUGAN, ESQ.
131 South Dearborn Street, Suite 2400
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
ERIC M. LLOYD, ESQ.
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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DATED this 25th

ORDER
IT IS SO ORDERED this

26th

day of

June

, 2015.

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE
United States Magistrate Judge

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