McNamara v. Voltage Pay Inc. et al

Filing 68

ORDER granting 67 Motion to Extend Time re Discovery. Discovery due by 6/23/2017., Motions due by 7/7/2017., Proposed Joint Pretrial Order due by 8/2/2017. Signed by Magistrate Judge George Foley, Jr on 2/23/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:15-cv-02177-JAD-GWF Document 67 Filed 02/22/17 Page 1 of 6

1 Sara J. O’Connell (Pro Hac Vice)
[e-mail]
2 Edward Chang (NV 11783)
[e-mail]
3 MCNAMARA BENJAMIN LLP
501 West Broadway, Suite 2020
4 San Diego, California 92101
Tel.: [phone]
5 Fax: [phone]
6 Abran E. Vigil (NV 7548)
[e-mail]
7 BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
8 Las Vegas, Nevada 89106-4617
Tel.: [phone]
9 Fax: [phone]
10 Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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13 THOMAS W. MCNAMARA, as the CourtAppointed Receiver for Ideal Financial
14 Solutions, Inc.; Ascot Crossing, LLC; Chandon
Group, Inc.; Bracknell Shore, Ltd.; Fiscal
15 Fitness, LLC; Avanix, LLC; Debt Elimination
Systems, LLC; US Debt Relief, LLC; Money
16 Mastery, LLC; US Debt Assistance Corp.;
IWB Services (St. Kitts); Financial Fitness,
17 LLC; Debt to Wealth, LLC (St. Kitts); Debt to
Wealth, LLC (Nevada); Ideal Goodness, LLC;
18 Dollars West, LLC; Fluidity, LLC; Newport
Sails, LLC; Shaw Shank, LLC; Bunker
19 Hillside, LLC; Funding Guarantee, LLC;
Newline Cash, LLC; Wealth Fitness, LLC;
20 Zeal Funding Services, LLC; and related
subsidiaries and affiliates,
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Plaintiff,
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v.

23 VOLTAGE PAY INC., a Canadian corporation
doing business as voltagepay.com, Voltage
24 Payments, Inc., and Voltage Pay LLC; KEVIN
LEWIS; JETY HOLDINGS, a company of
25 unknown origins; DAVID SHEHKTER;
2170773 ONTARIO LIMITED, a Canadian
26 corporation; and ROES 1-10.
Defendants.
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Case No. 2:15-cv-02177-JAD-GWF
JOINT MOTION AND STIPULATION
TO AMEND THE DISCOVERY PLAN
AND SCHEDULING ORDER
(Second Request)
Related Case:
Federal Trade Commission v. Ideal Financial
Solutions, Inc. et al., District of Nevada, Case
No. 2:13-cv-00143-JAD-GWF

Case 2:15-cv-02177-JAD-GWF Document 67 Filed 02/22/17 Page 2 of 6

Pursuant to Fed. R. Civ. P. 16(b)(4), LR IA 6-1, LR IA 6-2, and LR 26-4, Plaintiff

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2 Thomas W. McNamara, the Court-appointed Receiver in Federal Trade Commission v. Ideal
3 Financial Solutions, Inc., et al., District of Nevada, Case No. 2:13-cv-00143-JAD (GWF), and
4 Defendants Voltage Pay Inc., Jety Holdings, Kevin Lewis, David Shekhter and
5 2170773 Ontario Limited jointly stipulate and move to extend certain dates included in the
6 Court’s Scheduling Order (ECF No. 64) regarding this case’s discovery plan. This is the
7 second request for an extension of time. Good cause exists to support this motion, as explained
8 below:
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A.

Completed Discovery

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The following discovery has occurred:

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Plaintiff has served Defendants with the following items:

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1.

Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1);

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2.

First Set of Interrogatories;

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3.

First Set of Requests for Production of Documents; and

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4.

First Set of Requests for Admissions.

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In addition, Plaintiff has produced over 40,000 pages of documents and approximately

17 39 GB of electronic data that are not conducive to Bates-stamping (i.e., zipped files, Excel files,
18 Outlook PST files, etc.).
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Defendants have served Plaintiff with the following items:

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1.

Initial Disclosures;

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2.

First Set of Interrogatories;

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3.

First and Second Set of Requests for Production of Documents.

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Defendants have deposed Plaintiff. In addition, Defendants have produced nearly 2,000

24 pages of documents in response to Plaintiff’s request for production of documents and
25 interrogatories.
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Plaintiff deposed Defendants David Shekhter and Kevin Lewis, in their individual

27 capacities as well as a representative of Voltage Pay Inc., Jety Holdings, and 2170773 Ontario
28 Limited.
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Case 2:15-cv-02177-JAD-GWF Document 67 Filed 02/22/17 Page 3 of 6

A deposition of Payment Data Systems, Inc.’s witness is scheduled for early next

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2 month.

Defendants served a subpoena on Fifth Third Bank to produce certain bank records and

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4 received records in return.
At least one meet and confer has taken place between the parties that may lead to a

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6 motion to compel if the parties cannot resolve it; however, the parties are hopeful they can
7 resolve the matter without court intervention.
B.

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Incomplete Discovery
The Parties anticipate that they will continue to produce additional documents. The

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10 Parties also anticipate that each side will take additional depositions. Finally, the Parties expect
11 that they will engage in expert discovery.
C.

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Reasons to Extend Discovery Deadlines
Both parties desire additional time to facilitate possible resolution of the case without

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14 further motion practice. Part of that effort will involve coordinating non-party depositions
15 schedules across several states, and reviewing Defendants’ bank records. Since the parties’
16 expert reports may additionally rely upon facts that are still being gathered as part of the
17 document production and deposition processes, the parties propose disclosing experts along
18 with their qualifications, list of publications in the previous 10 years, and list of cases during the
19 previous 4 years where the witness testified as an expert. After the completion of fact
20 discovery, the experts will provide their written reports.
D.

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Proposed Schedule for Completing All Remaining Discovery
The Parties seek to amend the Scheduling Order to extend each deadline as follows:

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Current Date
1.

March 6, 2017

Last date to disclose experts
(identity, qualifications, list of
publications within the previous 10
years, and list of cases during the
previous 4 years in which the
witness testified)

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2

Proposed New Date
April 5, 2017

Case 2:15-cv-02177-JAD-GWF Document 67 Filed 02/22/17 Page 4 of 6

Current Date

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Proposed New Date

2.

Last date to disclose rebuttal
experts (identity, qualifications, list
of publications within the previous
10 years, and list of cases during the
previous 4 years in which the
witness testified)

April 5, 2017

April 19, 2017

3.

Last date to complete fact discovery

May 4, 2017

Unchanged

4.

Last date to exchange expert
reports

March 6, 2017

May 26, 2017

5.

Last date to exchange rebuttal
expert reports

March 6, 2017

June 9, 2017

6.

Last date to complete expert
discovery

May 4, 2017

June 23, 2017

6.

Last date to file dispositive motions
(30 days after fact discovery closes)

June 5, 2017

July 7, 2017

7.

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Last date to file joint pretrial
order*

July 5, 2017

August 2, 2017

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14 * In the event dispositive motions are filed, the date for filing the joint pretrial order shall be
15 suspended until 30 days after a decision of the dispositive motions.
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[Remainder of Page Intentionally Left Blank]

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Case 2:15-cv-02177-JAD-GWF Document 67 Filed 02/22/17 Page 5 of 6

III.

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2

CONCLUSION

For the above-stated reasons, the Parties respectfully request that this Court enter an

3 Order granting this Joint Motion and Stipulation to Amend the Discovery Plan and Scheduling
4 Order using the new deadlines noted above.
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Dated: February 22, 2017

Dated: February 22, 2017

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By: /s/ Sara J. O’Connell
Sara J. O’Connell (Pro Hac Vice)
[e-mail]
MCNAMARA BENJAMIN LLP
501 West Broadway, Suite 2020
San Diego, California 92101
Tel.: [phone] / Fax: [phone]

By: /s/ Jonathan C. Balfus
Jonathan C. Balfus
DAVID STEINER & ASSOCIATES PLC
1801 Century Park East, Suite 1600
Los Angeles California 90067
Tel: [phone] / Fax: [phone]

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L. Edward Humphrey, Esq.
[e-mail]
HUMPHREY LAW PLLC
201 W. Liberty Street, Suite 204
Reno, Nevada 89501
Tel: [phone] / Fax: [phone]
Attorneys for Defendants

Abran E. Vigil
[e-mail]
BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
Tel.: [phone] / Fax: [phone]
Attorneys for Plaintiff

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ORDER
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IT IS SO ORDERED:
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2/23/2017
DATED: _________________________
HON. GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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