Gurshin v. Bank of America, N.A.

Filing 36

ORDER Granting 35 Stipulation to Extend Deadlines. Discovery due by 2/19/2016. Motions due by 3/21/2016. Proposed Joint Pretrial Order due by 4/19/2016. Signed by Magistrate Judge Cam Ferenbach on 9/15/2015. (Copies have been distributed pursuant to the NEF - DC)

1 Kathleen J. England
Nevada Bar No. 206

2 ENGLAND LAW OFFICE
630 S. Third Street

3 Las Vegas, Nevada 89101
Telephone: [phone]

4 Facsimile: 702.385.3823
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6

[e-mail]
Attorneys for Plaintiff ALEXIS GURSHIN
Bethany A. Pelliconi (admitted pro hac vice)

7 California Bar No. 182920

Lindsay L. Ryan (admitted pro hac vice)

8 California Bar No. 258130
MCGUIREWOODS LLP

9 1800 Century Park East, 8th Floor
Los Angeles, California 90067-1501

10 Telephone: [phone]
Facsimile: 310.315.8210

11 [e-mail]
[e-mail]

12 (additional counsel listed on next page)
13 Attorneys for Defendant
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BANK OF AMERICA, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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18 ALEXIS GURSHIN, an individual,
Plaintiff,

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vs.

21 BANK OF AMERICA, NATIONAL and
ASSOCIATION; DOES 1 through X,
22 ROE BUSINESS ENTITIES I through X,
inclusive,
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Defendants.

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CASE NO. 2:15-cv-00323-GMN-VCF
JOINT STIPULATION TO EXTEND NONEXPERT PRE-TRIAL DEADLINES SET
FORTH IN AMENDED JOINT
DISCOVERY PLAN AND SCHEDULING
ORDER [DKT. #24]
Pursuant to Fed. R. Civ. P. 16(b)(4) and
Local Rules 6-1 and 26-4
(FIRST REQUEST REGARDING THESE
DEADLINES)
Complaint Filed:
Complaint Served:
Removal Date:

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10/28/2014
2/4/2015
2/24/2015

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JOINT STIPULATION TO EXTEND NON-EXPERT PRE-TRIAL DEADLINES

1 Additional Plaintiff’s Counsel
2 MCLETCHIE SHELL LLC

Margaret A. McLetchie
Nevada Bar No. 10931
3
701 East Bridger Ave., Suite 520
4 Las Vegas, Nevada 89101
TEL [phone]; FAX [phone]
5 [e-mail]

6 Additional Defendant’s Counsel
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

7 Sheri M. Thome, Esq.

Nevada Bar No. 008657

8 Chad C. Butterfield, Esq.

Nevada Bar No. 010532

9 300 S. Fourth Street, 11th Floor
Las Vegas, Nevada 89101

10 TEL [phone]; FAX [phone]
[e-mail]

11 [e-mail]
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69903034.1

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JOINT STIPULATION TO EXTEND NON-EXPERT PRE-TRIAL DEADLINES

1

The parties, Plaintiff Alexis Gurshin (“Plaintiff”) and Defendant Bank of America, N.A.

2 (“BANA”) (collectively, the “Parties”), through their respective attorneys of record, hereby move
3 the Court to extend the non-expert pre-trial deadlines set by this Court in the May 5, 2015,
4 Amended Order Granting Joint Discovery Plan and Scheduling Order (Dkt. #24).
RECITALS

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WHEREAS, the Amended Order Granting Joint Discovery Plan and Scheduling Order

7 (Dkt. #24) set the following dates (among other deadlines that have either already expired and the
8 two expert disclosure deadlines for which the Parties already sought and received an extension):
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1. Interim Status Report: September 15, 2015

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2. Discovery Cut-Off Date: November 11, 2015

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3. Dispositive Motion Deadline (File and Service): December 11, 2015

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4. Joint Pretrial Order: January 12, 2016

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WHEREAS, Fed. R. Civ. P. 16(b)(4) and Local Rule 26-4 require good cause and judicial

15 consent as prerequisites to modifying a scheduling order;
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WHEREAS, on August 6, 2015, the Parties filed a Joint Stipulation to Extend Expert

18 Witness Disclosure Deadlines Set Forth in Amended Joint Discovery Plan and Scheduling Order,
19 which was granted by this Court in an Order dated August 7, 2015 [Dkt. # 32], such that the
20 current deadline for Expert Reports and Expert Disclosures is now October 26, 2015, and the
21 current deadline for Expert Rebuttal Reports and Disclosures is now November 27, 2015;
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WHEREAS, the current discovery cut-off date of November 11, 2015 pre-dates the new

24 Expert Rebuttal Reports and Disclosures deadline and therefore does not allow time for expert
25 discovery following the disclosure of experts;
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WHEREAS, based on the progress of the above-referenced action, the Parties believe a

28 one-hundred (100) day extension of all remaining pre-trial deadlines (with the exception of the
69903034.1

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JOINT STIPULATION TO EXTEND NON-EXPERT PRE-TRIAL DEADLINES

1 expert disclosure deadlines for which the Parties already sought and received an extension to
2 October 26, 2015 for experts, and November 27, 2015 for rebuttal experts) is necessary to resolve
3 outstanding discovery issues, to complete outstanding document productions prior to the
4 preparation of expert reports, and to conduct expert discovery following the recently continued
5 expert disclosure deadlines;
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WHEREAS, the Parties have completed the following discovery:

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1. The parties did their Initial Disclosures in May 2015, and exchanged some documents
and information for the May 15, 2015 ENE.

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2. Defendant propounded written Interrogatories, Requests for Admission, and Requests

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for Production of Documents. After two requested extensions, in July 2015, Plaintiff

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provided written responses to Defendant’s Interrogatories, Requests for Admission,

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and has provided written responses to Defendant’s 1st (and only) Set of Requests for

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Production of Documents.

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3. In late July 2015, Defendant claimed it did not receive Plaintiff’s written responses to

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Defendant’s 1st Set of Requests for Production of Documents when originally served

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and the parties are attempting to sort out the details and problems with service. The

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Parties are further currently meeting and conferring regarding the sufficiency of

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Plaintiff’s written discovery responses.

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4. Plaintiff has issued four document productions, the last being on August 13, 2015.

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5. Pursuant to Defendant’s Requests for Production of Documents and a prior agreement

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between counsel, Plaintiff has produced some, but not all, responsive documents. The

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Parties are currently meeting and conferring regarding these outstanding documents.

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Plaintiff produced over one-thousand pages of documents in her second and third

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productions on July 7 and July 9, 2015.

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6. The Parties entered into a Stipulation for a Protective Order, which was submitted and
approved by this Court on September 1, 2015.

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7. In July and August 2015, Plaintiff propounded one set of written Interrogatories, one
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JOINT STIPULATION TO EXTEND NON-EXPERT PRE-TRIAL DEADLINES

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set of Requests for Admission, and four sets of Requests for Production of Documents,

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some of which Defendant claims they did not receive when originally served. On a

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requested extension, Defendant has provided written responses to all sets of discovery

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(except one set of Requests for Production of Documents which will be due at the end

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of this week), and has produced over 1200 documents as of September 3, 2015.

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8. Plaintiff has requested inspection of certain original documents. The Parties are
currently meeting and conferring regarding the requested inspections.

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9. Defendant has propounded numerous subpoenas for employment records to Plaintiff’s

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various employers subsequent to her employment with Defendant, and Defendant has

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propounded numerous subpoenas for medical records to Plaintiff’s medical providers.

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Defendant has received some records responsive to said subpoenas, while some records

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are outstanding.

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10. Defendant took the first session of Plaintiff’s deposition during an all-day deposition

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on August 26, 2015. Plaintiff has agreed to appear for a second session of her

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deposition, and the parties are currently meet and conferring to select a mutually

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agreeable date, which now looks to be October 13, 2015.

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11. Defendant took and completed the depositions of Plaintiff’s parents, Suzanne and
Bradlee Gurshin, on August 27, 2015.

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WHEREAS, the following discovery remains to be completed because either responses are

21 outstanding and/or the Parties are currently engaging in meet and confer efforts to resolve
22 outstanding disputes:
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1. As indicated above, the Parties are currently meeting and conferring regarding the

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sufficiency of Plaintiff’s written discovery responses and the outstanding written

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responses to Defendant’s Requests for Production of Documents.

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2. As indicated above, Defendant is currently preparing responses to Plaintiff’s fifth set of
requests for production of documents, which have not yet become due.

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3. As indicated above, some records responsive to record subpoenas served by Defendant
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JOINT STIPULATION TO EXTEND NON-EXPERT PRE-TRIAL DEADLINES

remain outstanding.

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4. Plaintiff anticipates noticing various depositions of relevant Bank representatives

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and/or Bank employees (former and current), two of which will likely be on October

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20 and 21, 2015. The parties are currently meeting and conferring to select mutually

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agreeable dates for depositions. One witness, Branch Manager and alleged harasser,

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Jarrett Wu, no longer works for Bank of America and resides in Honolulu. Another,

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the individual who investigated Plaintiff’s internal harassment complaint, Sheri

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Madrid, no longer works for the Bank and resides in Arizona. Plaintiff has indicated

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an intent to depose former Bank employee and Employee Relations Manager, Yolanda

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Vera, who prepared a response to Plaintiff’s EEOC Charge. Ms. Vera also resides in

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Arizona. Defendant contends that Ms. Vera does not possess knowledge relevant to

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this lawsuit; the Parties are currently meeting and conferring regarding Ms. Vera’s

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deposition. Defendant declines to bring Mr. Wu, Ms. Madrid, or Ms. Vera, who are

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not parties to this lawsuit or current employees of Defendant, to Nevada to be deposed.

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5. The Parties intend to meet and confer regarding any potential medical or psychiatric
examination(s) of Plaintiff.

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6. At Plaintiff’s deposition, Plaintiff’s counsel disclosed that Plaintiff previously only

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obtained records from her health care providers pursuant to a limited release, and

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Plaintiff disclosed additional medical care. Plaintiff promised to obtain and produce to

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BANA these additional records. The parties are currently meeting and conferring

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regarding the production of a complete set of medical records.

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WHEREAS, despite the diligence of the Parties throughout this litigation, in light of the

24 outstanding discovery issues and outstanding discovery requests, the Parties cannot reasonably
25 meet the current pre-trial deadlines in light of the recently continued expert disclosure deadlines,
26 which were recently continued because the information and documents at issue in the outstanding
27 discovery identified above are critical to any expert’s analysis and preparation of an expert report;
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JOINT STIPULATION TO EXTEND NON-EXPERT PRE-TRIAL DEADLINES

WHEREAS, the outstanding discovery issues and outstanding discovery requests could not

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2 reasonably have been foreseen at the time of the issuance of the Parties’ filing of the Joint
3 Discovery Plan and Scheduling Order (Dkt. #22);
4
WHEREAS, undersigned Plaintiff’s counsel (Ms. England) has two other cases whose

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6 deadlines are similar to the ones in this case, and with the intervening Thanksgiving and December
7 holidays, the parties agree this additional time will enable them to complete discovery with some
8 flexibility;
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WHEREAS, the Parties do not believe the one-hundred (100) day extension sought hereby

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11 will prejudice any party or result in undue delay;
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WHEREAS, this is the Parties’ first request for an extension of the pre-trial deadlines

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14 identified in this Stipulation, and only the second request for an extension of any dates in this
15 matter;
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WHEREAS, no trial date has been set in this matter;

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Accordingly, the Parties have mutually agreed upon an extension of the remaining pre-trial

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20 deadlines (with the exception of the expert disclosure deadlines for which the Parties already
21 sought and received an extension) of one-hundred (100) days, during which the parties will
22 diligently work to exchange all outstanding documents, complete all meet and confer efforts, file
23 any necessary discovery motions, and complete all discovery based on the Court’s rulings. This
24 Stipulation is made in compliance with Local Rule 26-4 as it is being filed within twenty-one (21)
25 days before the expiration of each of the relevant deadlines.
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JOINT STIPULATION TO EXTEND NON-EXPERT PRE-TRIAL DEADLINES

9-15-2015