ABC Industrial Laundry, LLC v. Federal Insurance Company

Filing 62

ORDER granting 61 Stipulation; Discovery due by 10/15/2018. Motions due by 11/14/2018. Proposed Joint Pretrial Order due by 12/14/2018. Signed by Magistrate Judge Cam Ferenbach on 1/19/2018. (Copies have been distributed pursuant to the NEF - JM)

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Steven J. Parsons
Nevada Bar No. 363
LAW OFFICES OF STEVEN J. PARSONS
10091 Park Run Dr Ste 200
Las Vegas, NV 89145-8868
[phone]
[phone] (fax)
[e-mail]
Attorneys for Plaintiff
ABC INDUSTRIAL LAUNDRY, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ABC INDUSTRIAL LAUNDRY, LLC, a Nevada
limited liability company, dba UNIVERSAL
10 LAUNDRY and SUPPLY,

Case No. 2:15-cv-869-RFB-(VCF)

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STATUS REPORT;
STIPULATED DISCOVERY PLAN
and
PROPOSED SCHEDULING ORDER
(in response to Order (Doc. No. 60)

Plaintiff,

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vs.

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FEDERAL INSURANCE COMPANY, et al.,
Defendants.

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Plaintiff ABC INDUSTRIAL LAUNDRY, LLC, by its attorneys, Steven J. Parsons of LAW

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OFFICE OF STEVEN J. PARSONS, and Joseph N. Mott and Scott Lundy of REMPFER MOTT LUNDY,

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PLLC1; Defendant FEDERAL INSURANCE COMPANY, by its attorneys, James P.C. Silvestri and

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Brian Goldman of PYATT SILVESTRI, and Defendant NATIONWIDE MUTUAL INSURANCE

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COMPANY, by its attorneys, Christine Emanuelson and Whitney Wilcher of HINES HAMPTON, LLP,

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hereby submit this Status Report and Stipulated Discovery Plan and Proposed Scheduling

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Order pursuant to the Court’s Order of December 21, 2017, regarding the parties’ Status

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Check (Doc. No. 60).

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...

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On December 15, 2017, attorneys Joseph N. Mott and Scott Lundy joined a newly
formed law firm REMPFER MOTT LUNDY, PLLC. Both remain as Plaintiff’s counsel.

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10091 Park Run Drive, Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

STATUS REPORT

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The parties have met, conferred and agree that at present, the following discovery
remains outstanding:

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Depositions:

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(1)

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ABC's principals and employees, Ran Brisman, Avi Cohen, and Jim Smail, as well

as Fed. R. Civ. P., 30(b)(6) witnesses;
(2)

ABC's former principals and employees, Moshe Levy, Yaakov "Kobi" Levy, and

Yuda Levy;

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(3)

Rudi Moors, Christeyns’ CEO (to be completed);

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(4)

Claims persons of each Defendant’s claims operation, as well as Fed. R. Civ.

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P., 30(b)(6) witnesses of each Defendant;

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(5)

Rimkus Consulting Group, Inc.;

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(6)

Textile Solutions, LLC;

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(7)

Wynn Las Vegas, LLC;

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(8)

Brown & Brown Northwest;

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(9)

CHEM-BAC Laboratories, Inc;

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(10)

CR Systems Consulting;

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(11)

Frank Campagna, CPA; and

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(11)

The various experts as designated by the parties.

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Written Discovery:

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The parties anticipate additional written discovery will follow the depositions.

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Status of the Companion Case

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Attached and incorporated herein as Exhibit 1 is an Order of the Hon. Richard Scotti,

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District Judge, upon the Stipulation to Extend Discovery Deadlines, Amend the Scheduling

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Order, and Reset the Trial in the associated Eighth Judicial District Court, Clark County, Nevada

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case ABC Industrial Laundry, LLC v. Christeyns Laundry Technology, LLC; docketed in that

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Court as Case No. A-15-720810-C. The attached exhibit shows similar deadlines now set by

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10091 Park Run Drive, Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

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that Court, as are requested in this Discovery Plan and Scheduling Order.
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DISCOVERY PLAN:
A.

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DISCOVERY CUT-OFF DATE: The plan is in general accordance with LR

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26-1(e)(1), and the parties request two hundred seventy (270) days to conduct percipient

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witness discovery measured from January 18, 2018, the date of this Status Report. The last

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proposed day of discovery of percipient witnesses shall be Monday, October 15, 2018.
C.

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shall proceed according to Fed. R. Civ. P. 26(a)(2) except that:
i. The disclosure of experts and expert reports shall occur on Tuesday,

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July 17, 2018, which is ninety (90) days before the discovery cut-off date;
ii. The disclosure of rebuttal experts shall occur on Thursday, August 16,

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FED. R. CIV. P. 26(a)(2) DISCLOSURES (EXPERTS): Disclosure of experts

2018, which is thirty (30) days after the disclosure of experts.
2.

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AMENDMENT OF THE PLEADINGS AND ADDING PARTIES: The parties shall have

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until Tuesday, July 17, 2018, to file any motion to amend the pleadings or to add parties. This

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is ninety (90) days before the discovery cut-off, which is in accordance with LR 26-1(e)(2).
3.

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INTERIM STATUS REPORTS: The parties shall file their interim status report

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required by LR 26-3 by Thursday, August 16, 2018, which is sixty (60) days before discovery

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cut-off.
4.

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DISPOSITIVE MOTIONS: The parties shall have until Wednesday, November 14,

2018, to file dispositive motions, which is thirty (30) days after the close of discovery.

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5.

SETTLEMENT: The likelihood of settlement cannot be presently established.

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PRETRIAL ORDER: The pretrial order shall be filed Friday, December 14, 2018,

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which is thirty (30) days after the date set for filing dispositive motions in this case. This

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deadline is suspended if a dispositive motion is timely filed.

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...

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...

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...

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10091 Park Run Drive, Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

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Dated: Thursday, January 18, 2018.
LAW OFFICES OF STEVEN J. PARSONS

PYATT SILVESTRI

/s/ Steven J. Parsons
STEVEN J. PARSONS
10091 Park Run Dr Ste 200
Las Vegas, NV 89145-8868

/s/ Brian Goldman
JAMES P.C. SILVESTRI
BRIAN GOLDMAN
701 E Bridger Ave Ste 600
Las Vegas, NV 89101-8941

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Attorneys for Plaintiff
ABC INDUSTRIAL LAUNDRY, LLC

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HINES HAMPTON, LLP

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/s/ Christine Emanuelson
CHRISTINE EMANUELSON
400 S 4th Ste 500
Las Vegas, NV 89101
by: WHITNEY WILCHER
Attorneys for Defendant
NATIONWIDE MUTUAL INSURANCE CO.
ORDER

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Attorneys for Defendant
FEDERAL INSURANCE COMPANY

IT IS SO ORDERED.
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Dated:

, 2018.
U.S. MAGISTRATE JUDGE

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10091 Park Run Drive, Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

EXHIBIT “1”

EXHIBIT “1”

Filed
1/17/2018 3:43 PM
Steven D. Grierson
CLERK OF THE COURT

ORIGINAL
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STED
Steven J. Parsons
Nevada Bar No. 363
Law Offices of Steven J. Parsons
10091 Park Run Dr Ste 200

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[phone]

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Las Vegas NV 89145-8868
[phone] (fax)
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Steve@SJ Plavwe r.co m

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Attorneys for Plaintiff and

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ABC INDUSTRIAL LAUNDRY, LLC

Counter-defendant

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DISTRICT COURT

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CLARK COUNTY, NEVADA

10 ABC INDUSTRIAL LAUNDRY,LLC,a Nevada
limited liability company, dba UNIVERSAL
11 LAUNDRY and SUPPLY,

Case No.;

A-15-720810-C

Dept. No.:

II

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STIPULATION TO

Plaintiff,

EXTEND DISCOVERY DEADUNES,
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AMEND THE SCHEDUUNG ORDER, and
RESETTHETRIAL, and

14 CHRISTEYNS LAUNDRYTECHNOLOGY,LLC,

(PROPOSED) ORDER

a Massachusetts limited liability company,

^~t-e

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Defendant.

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_ ..

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17 AND A RELATED COUNTER-CLAIM.

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Plaintiff/Counter-defendant, ABC INDUSTRIAL LAUNDRY, LLC dba UNIVERSAL LAUNDRY
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and SUPPLY ("Plaintiff'), by its counsel, Steven J. Parsons of Law Offices of Steven J. Parsons,
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and DefendanVCounter-claimant, CHRISTEYNS LAUNDRYTECHNOLOGY, LLC ("Defendant"),
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by its counsel, William P. Volk of Kolesar & Leatham, hereby submit this Stipulation to Extend
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Discovery Deadlines, amend the Scheduling Order, and reset the Trial:
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A.

DISCOVERY WHICH HAS BEEN COMPLETED

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1.

Plaintiffs Initial Disclosures;

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Defendant's Initial Disclosures;

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The parties have supplemented their Initial Disclosures when necessary;

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J009J Park Run Drive Suite 200

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Las Vegas, Nevada 89145-8868
or

STEVliN ). Parsons

[phone];fax[phone]

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Case Number: A-15-720810-C

lnfomiPlawver.com

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Plaintiff's First interrogatories to Defendant;

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Plaintiff's First Requests for Admissions to Defendant;

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Plaintiff's First Requests for Production to Defendant;

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Plaintiff's Second Requests for Production to Defendant;

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Defendant's First Interrogatories to Plaintiff;

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Defendant's First Requests for Production of Documents to Plaintiff;

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Defendant's Second Interrogatories to Plaintiff;

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Defendant's Second Requests for Production of Documents to Plaintiff;

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Deposition of Defendants NRCP 30(b)(6) has commenced

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DISCOVERY WHICH REMAINS TO BE CONDUCTED

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1.

Complete the deposition of Defendant's NRCP 30(b)(6) designees;

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2.

Deposition of Plaintiff and its employees/agents;

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3.

Deposition of Defendant's Experts;

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Deposition of Plaintiff's Experts;

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Additional written discovery by both Plaintiff and Defendant; and

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Written discovery and depositions of various third-parties.

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CURRENT DISCOVERY SCHEDULE

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The current Scheduling Order provides for the following deadlines:

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Deadline to Complete Fact Discovery

02/16/2018

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Motion to Amend Pleadings/Add Parties

11/20/2017

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Initial Expert Disclosures

03/19/2018

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Rebuttal Expert Disclosures

03/30/2018

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Deadline to Complete Expert Discovery

04/27/2018

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Dispositive Motions Due

05/25/2018

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D.

REASONS WHY THE PROPOSED DISCOVERY IS NOT ABLE TO BE COMPLETED PRIOR

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TO THE EXPIRATION OF THE CURRENT DISCOVERY DEADLINE

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The parties' counsel have worked well and ably with each other to complete discovery
10091 Park Run Drive Suite 200

Las Vegas, Nevada 89145-8868

[phone];fax[phone]

LAW Offlets Of

STEVEN). Parsons

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in this case. Despite their diligent efforts to complete discovery within the current deadlines,

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the parties need additional time to completely and properly prepare their cases for trial.

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As the Court may be aware, the parties in this matter are working closely with the

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parties in a parallel case in the U.S. District Court for the District of Nevada, captioned ABC

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Industrial Laundry, LLC, dba Universal Laundry and Supply v. Federal Insurance Company, et

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A!., as Case No. 2:15-cv-869-RFB-(VCF)(the "federal court matter") to minimize discovery

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overlap and costs and to work together to litigate the cases as efficiently as possible. The

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federal court matter arises from the same set of facts as the instant case, but deals with

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Plaintiffs first-party insurance coverage claims. Much of the discovery in the two cases

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Specifically, the parties in both cases need to complete the deposition of Christeyns'

12 Rule 30(b)(6) designees and other specific Christeyns employees; ABC's Rule 30(b)(6)
13 designees and other specific ABC employees; Wynn Resort employees; and several technical
14 experts. The cost of completing this overlapping discovery separately in the two matters would
15 be extraordinary, and as a result, the parties in both cases have been working together closely
16 to plan joint deposition schedules.
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However, the specifics of ongoing depositions have not yet been agreed to, as

18 coordinating the schedules of nearly a dozen essential people for these depositions has been
19 exceptionally difficult. The participants span the country and have varied and demanding lead-

20 times to commit to the further discovery.^
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To date, the parties have started taking the deposition of Christeyns' Rule 30(b)(6)

22 designee. This deposition took place over two days in Boston, MA,in mid-August. The parties
23 have agreed to continue Christeyns' 30(b)(6) deposition for one further day at a to-be24 determined date, time, and location. The depositions for Plaintiff's 30(b)(6) designee(s), as
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^Defendant conducts business from and its lead counsel work and reside in the Boston,
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Massachusetts area.

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10091 Park Run Drive Suite 200

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Las Vegas, Nevada89145-8868

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STEVEN ). Parsons

[phone];fax[phone]

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well as the depositions of Plaintiff's principals, are likely in early 2018 in Las Vegas.

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Additionally, the parties are engaged in extensive third-party discovery. One of these

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third-parties objected to discovery requests, it has now retained counsel, and the issue may

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require motions to compel to resolve. Some of these third-parties are not located in Nevada

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and therefore have required letters rogatoiy before discovery requests can be served. Many

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ofthese third-parties will require depositions,and scheduling those depositions will require the

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time and coordination of multiple parties. These third-parties include, but are not limited to,

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former employees of the Plaintiff who were involved in Plaintiffs operations during the time of

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issue and who no longer reside in Nevada but are importantto both Plaintiffs and Defendant's

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cases.

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Discovery was also delayed recently due to a number of discovery disputes that, the

12 parties have attempted to resolve amongst themselves. The parties are hopeful they will be
13 able to continue to work through these discovery disputes without having to resort to motion

14 practice.^
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The parties believe that an additional one hundred and eighty (180) days will

16 accommodate all interested parties sufficiently to conclude the discovery that remains in this
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matter.

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E.

PROPOSED SCHEDULE FOR COMPLETING DISCOVERY

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Motion to Amend Pleadings/Add Parties

05/18/2018

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Deadline for Fact Discovery

08/10/2018

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Initial Expert Disclosures

09/07/2018

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Rebuttal Expert Disclosures

09/28/2018

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Deadline for Expert Discovery

10/26/2018

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Dispositive Motions Due

11/30/2018

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^ More recently, third-party Wynn Resorts has disputed the production of certain

documents from another third-party. Wynn has retained counsel to represent its interests in
27 that discovery dispute.
10091 Park Run Drive Suite 200

—— LAW

Las Vegas, Nevada 89145-8868
[phone];fax[phone]

I K li Oi

STEVEN ]. Parsons

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The parties anticipate the Court setting the Trial for early 2019.

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Based on the foregoing, the parties respectfully request that the Court extend the

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discovery deadlines, amend the scheduling Order, and set the trial as recommended above

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for the good cause shown.

5 Dated: January |'2<2018.
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Dated: January \"^018.

Law Offices of Steven J, Parsons

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Steven J. Pardons
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Nevada Bar No. 363

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Attorneys for Plaintiff

Attorneys for Defendant

ABC INDUSTRIAL LAUNDRY, LLC dba

CHRISTEYNS LAUNDRYTECHNOLOGY,LLC

UNIVERSAL LAUNDRY and SUPPLY

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ORDER

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IT IS SO ORDERED.

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Dated: January /(^^^^018.

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DISTRICT COURT JUDGE ,

Ml-V
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Date

^TrialDate:

^O'OOa.m.

Pre Trial Conference;

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Time

Calendar Call

L/D to File PretrialMemo;

8.45 a.m.

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L/D to File Dispositive Motions:

A new Trial Order will not issue.

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W097 Park Run Drive Suite 200

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STEVCN i. Parsons

Las Vegas, Nevada 89145-8868
[phone];fax[phone]

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