Above the Ceiling, LLC v. Western Architectural Services, LLC et al

Filing 29

ORDER Granting 28 Motion to Extend Discovery Deadlines. Discovery due by 9/20/2016. Motions due by 10/20/2016. Signed by Magistrate Judge George Foley, Jr on 7/5/16. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:15-cv-01766-JAD-GWF Document 28 Filed 07/01/16 Page 1 of 5

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David R. Koch (NV Bar No. 8830)
[e-mail]
Steven B. Scow (NV Bar No. 9906)
[e-mail]
Brody R. Wight (NV Bar No. 13615)
[e-mail]
KOCH & SCOW, LLC
11500 S. Eastern Ave., Suite 210
Henderson, NV 89052
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Western Architectural
Services, LLC
Attorneys for Defendant/Counterclaimant
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ABOVE THE CEILING, LLC, a Nevada limited
liability company,

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vs.

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WESTERN ARCHITECTURAL SERVICES,
LLC, a Utah limited liability company; THE
HASKELL COMPANY, a foreign corporation;
CORPORATION OF THE PRESIDENT TO
THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, a foreign non-profit
corporation; TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, a foreign
corporation; DOES I through XX; and ROE
CORPORATIONS XXI through XL,

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Defendants.
_________________________________________
WESTERN ARCHITECTURAL SERVICES,
LLC, a Utah limited liability company,
Counterclaimant,

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vs.

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ABOVE THE CEILING, LLC, a Nevada limited
liability company,

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2:15-cv-01766 JAD-GWF

Plaintiff,

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CASE NO:

Counter-defendant,

JOINT MOTION BY DEFENDANTS
AND [PROPOSED] ORDER TO
EXTEND DISCOVERY DEADLINES
PURSUANT TO LR 26-4
(FIRST REQUEST)

Case 2:15-cv-01766-JAD-GWF Document 28 Filed 07/01/16 Page 2 of 5

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Defendants Western Architectural Services, LLC (“Western Architectural”) and

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Corporation of the President to the Church of Jesus Christ of Latter-day Saints (the “LDS

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Church”) (collectively referred to herein as “Defendants”) jointly move this Court for an

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extension of all applicable discovery deadlines. Defendants have attempted to obtain a

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stipulation from Plaintiff Above the Ceiling, LLC (“Above the Ceiling”) for this

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extension, and they do not believe there is any opposition to this request, but to date they

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have not received a response. This is the first requested extension of the discovery

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deadlines.

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I.

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Discovery Completed

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The parties have submitted initial disclosures, and written discovery has taken

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place or is underway. Western Architectural recently provided responses to Plaintiff’s

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Requests for Production of Documents and Interrogatories, and currently pending are

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Western Architectural’s Requests for Production of Documents propounded to Plaintiff.

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Western Architectural has also noticed the deposition of Jerry Williams, one of the

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principals of Above the Ceiling, LLC, which is scheduled to take place on July 21, 2016.

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For its part, the LDS Church has been in discussions regarding resolution of the case

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upon presentation of certain information regarding payment of the sums claimed by

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Above the Ceiling, but these discussions have not yet resulted in a final resolution.

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II.

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Discovery to Be Completed

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The amount of discovery to be completed will depend in part upon whether the

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LDS Church remains in the case. This action involves claims by Above the Ceiling that it

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was not fully paid for work on an LDS temple located in Tijuana, Mexico. The LDS

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Church has offered proof that it made all payments required of it under the construction

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contracts, and upon satisfactory information being provided, the LDS Church anticipates

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that it will no longer be part of this case.

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Defendants The Haskell Company and

Case 2:15-cv-01766-JAD-GWF Document 28 Filed 07/01/16 Page 3 of 5

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Travelers Casualty and Surety Company of America were previously dismissed from the

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case on October 19, 2015 (Doc. #16.)

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If the LDS Church remains in the case, it will need to take depositions of Above

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the Ceiling’s corporate representative and seek documents from Above the Ceiling

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regarding the claims being made in the case.

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For its part, Western Architectural anticipates that additional document requests

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and 2-3 depositions will be necessary after the deposition of Jerry Williams is completed.

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Among the depositions that remain is the deposition of Arturo Spencer, a former Above

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the Ceiling employee who is alleged to have absconded with substantial funds delivered

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by Western Architectural for the purpose of paying employees on the jobsite. Western

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Architectural believes and alleges that Mr. Spencer fled the project in Mexico and may be

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located in Nevada currently, and it has been attempting to locate and serve him with a

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deposition subpoena.

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It is not known what additional discovery, if any, Plaintiff Above the Ceiling
believes it needs to complete.

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III.

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Reasons Additional Time Is Required and Good Cause Therefore

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Good cause exists to extend discovery because the parties have attempted to work

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toward resolution of the case through both informal and formal discovery, and the

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parties anticipate that the additional time permitted to complete discovery will allow the

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full investigation into the facts of payment and work completed at the construction

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project at issue.

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additional time is necessary to allow Western Architectural to attempt to locate this

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individual to obtain information that may be critical to the case. The parties believe that

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a 60-day extension will be sufficient to allow all matters to be investigated so that the

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parties will have the information necessary to prepare the case for trial if resolution

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cannot be reached.

In addition, with the difficulty in locating Arturo Spencer, some

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Case 2:15-cv-01766-JAD-GWF Document 28 Filed 07/01/16 Page 4 of 5

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IV.

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Proposed Schedule

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The current schedule has discovery closing on July 22, 2016. The parties seek

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approximately 60 additional days to complete discovery, according to the following

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proposed schedule.

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Interim Status Report (LR-26-3):

Already submitted.

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Discovery cutoff:

September 20, 2016

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Amending pleadings:

Closed.

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Initial/rebuttal expert designations:

Closed.

Dispositive motions:

October 20, 2016

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Pretrial Order: the joint pretrial order shall be filed no later than thirty (30) days

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after the date set for filing dispositive motions.

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motions are filed, the date for filing the joint pretrial order shall be suspended until thirty

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(30) days after the decision of the dispositive motions or further order of the court.

In the event additional dispositive

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Dated: July 1, 2016

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/s/ David R. Koch
X
David R. Koch
Attorneys for Western Architectural
Services, LLC

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Dated: July 1, 2016

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LEWIS ROCA ROTHGERBER CHRISTIE LLP
/s/ John Bragonje
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John Bragonje
Attorneys for Corporation of the President to the
Church of Jesus Christ of Latter-day Saints

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KOCH & SCOW, LLC

July 5
Dated: _____________, 2016

IT IS SO ORDERED:
___________________________________________
UNITED STATES MAGISTRATE JUDGE

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