Arellano v Giorgio Armani Corporation

Filing 29

ORDER Granting 28 Stipulation to Extend Discovery Deadlines. Discovery due by 2/16/2016. Motions due by 3/17/2016. Proposed Joint Pretrial Order due by 4/18/2016. Signed by Magistrate Judge Nancy J. Koppe on 8/20/15. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-02152-JAD-NJK Document 28 Filed 08/20/15 Page 1 of 4

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Dora V. Lane, Esq. (NV Bar No. 8424)
R. Calder Huntington, Esq. (NV Bar No. 11996)
Holland & Hart LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, Nevada 89134
[phone]
[phone] - fax
[e-mail]
[e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JAZMIN ARELLANO, Individually
Plaintiff,

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Case No.: 2:14-cv-02152-JAD-NJK

STIPULATION AND ORDER
EXTENDING DISCOVERY PLAN AND
SCHEDULING ORDER DEADLINES

vs.
GIORGIO ARMANI CORPORATION, a
Foreign Corporation,

(FIRST REQUEST)

Defendant.

STIPULATION
Plaintiff Jazmin Arellano ("Plaintiff') and Defendant Giorgio Armani Corporation
("Defendant"), by and through their respective counsel of record, hereby submit this stipulation

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that the Discovery Plan and Scheduling Order deadlines in this case be extended. This is the

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parties' first request for an extension of these deadlines.

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information to the Court in conjunction with their request for an extension of the discovery

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deadlines, to demonstrate that there is good cause for the requested extension.

The parties provide the following

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A.

DISCOVERY THAT HAS BEEN COMPLETED

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1.

Initial Disclosures by both parties.

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2.

Both parties have served Interrogatories and Requests for Production of

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Documents.

Defendant served its responses on August 12, 2015.

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Defendant's First Set of Interrogatories and First and Second Sets of Requests for Production of

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Documents are due on August 28, 2015.
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Plaintiffs responses to

Case 2:14-cv-02152-JAD-NJK Document 28 Filed 08/20/15 Page 2 of 4

3.

Defendant has served approximately fifteen Subpoenas Duces Tecum to third-

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B.

DISCOVERY THAT REMAINS TO BE COMPLETED

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1.

Additional written discovery.

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2.

Defendant presently intends to take the deposition of Plaintiff, Joel Silberberg,

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parties.

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and Martin Fakiel, M.D. ("Dr. Fakiel"); Plaintiff presently intends to take the depositions of

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Lieung Zhou, Gabrial Oliva, Judy Ku, Melissa Rivera, Spencer Alexander, and Karen Perez.

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3.

The physical and/or mental examination of Plaintiff under FRCP 35.

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4.

The forensic examination of Plaintiffs e-mail accounts, electronic devices, and

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cloud storage accounts.

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5.

Initial expert and rebuttal expert disclosures, and expert witness depositions.

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6.

Other depositions may become necessary depending on the evidence obtained

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through other discovery and depositions.

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REASONS

WHY

THE

REMAINING

DISCOVERY

WAS

NOT

COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCOVERY PLAN

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C.

1.

Defendant has been unable to obtain the documents requested pursuant to its

Subpoena Duces Tecum to Dr. Fakiel, a psychiatrist who has treated Plaintiff, despite numerous
efforts and promises that the requested documents would be forthcoming. Defendant will shortly

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be filing a Motion to Hold Dr. Fakiel in Contempt for Failure to Respond to the Subpoena, but

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until it obtains the documents requested, will be unable to complete Plaintiffs deposition or

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conduct Plaintiffs examination under FRCP 35.

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2.

Plaintiff has indicated that whether Plaintiff will stipulate to allow her

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examination under FRCP 35, or whether Defendant will be required to file a Motion to Allow the

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Examination of Plaintiff Under FRCP 35, is dependent on Plaintiffs receipt and review of the

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records requested by Defendant pursuant to its Subpoena Duces Tecum to Dr. Fakiel.

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Defendant is required to file a Motion to Allow the Examination of Plaintiff Under FRCP 35, the

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scheduling of the examination will be delayed until a ruling on Defendant's Motion is received.

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If

Case 2:14-cv-02152-JAD-NJK Document 28 Filed 08/20/15 Page 3 of 4

3.

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Expert disclosures are presently due on September 21, 2015; however,

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Defendant's expert will be unable to complete its expert report without the documents requested

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pursuant to the Subpoena Duces Tecum to Dr. Fakiel.
4.

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During the Early Neutral Evaluation session held on August 14, 2015, additional

information came to light that the parties will need to investigate and consider during discovery.
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The Early Neutral Evaluation session did not occur until August 14, 2015, and

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while the parties were diligently conducting discovery prior to the Early Neutral Evaluation

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session, they also sought to minimize the incurrence of significant attorneys' fees prior to the

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Early Neutral Evaluation session.
D.

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1.

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SCHEDULE

FOR

COMPLETING

REMAINING

DISCOVERY

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PROPOSED

The deadline for the parties to complete all remaining discovery shall be extended

from November 18, 2015 to February 16, 2016.

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2.

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The deadline to make initial expert disclosures shall be extended from September

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21, 2015 to December 21, 2015. The deadline to disclose any rebuttal experts shall be extended

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from October 21, 2015 to January 20, 2016. The requirements of FRCP 26(a)(2)(B) shall apply

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to any such disclosures.

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3.

The deadline to file dispositive motions shall be extended from December 18,

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2015 to March 17, 2016.
4.

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The deadline to file any motions in limine, including Daubert-type motions, shall

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remain thirty (30) days prior to the commencement of trial, and oppositions shall be filed and

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served fourteen (14) days thereafter. Reply briefs will only be allowed with leave of the Court.
5.

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The deadline to file the Joint Pretrial Order (including Rule 26(a)(3) disclosures)

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shall be extended from January 19, 2016 to April 18, 2016.

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dispositive motions are filed, the date for filing the Joint Pretrial Order shall be suspended until

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

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However, in the event that

Case 2:14-cv-02152-JAD-NJK Document 28 Filed 08/20/15 Page 4 of 4

6.

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In accordance with LR 26-3, the deadline for the parties to file an interim status

report shall be December 18, 2015.

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DATED this 20th day of August, 2015.

DA TED this 20th day of August, 2015.

Isl Daniel Marks
Daniel Marks, Esq.
Nevada Bar No. 2003
LAW OFFICES OF DANIEL MARKS
610 South Ninth Street
Las Vegas, Nevada 89101
Telephone [phone]

Isl Dora V. Lane
Dora V. Lane, Esq.
Nevada Bar No. 8424
R. Calder Huntington, Esq.
Nevada Bar No. 11996
Holland & Hart LLP
9555 Hillwood Drive, Second Floor
Las Vegas, Nevada 89134
Telephone: [phone]

Attorneys for Plaintiff
Jazmin Arellano

Attorneys for Defendant
Giorgio Armani Corporation

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ORDER

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT/
MAGISTRATE JUDGE

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DATED: August 20, 2015

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