Social Butterfly World, LLC v. Mendez Media Marketing, Inc.

Filing 28

ORDER Granting 25 Renewed Stipulation for Extension of Time (Second Request) re Discovery Deadlines. Discovery due by 2/10/2017. Motions due by 3/13/2017. Proposed Joint Pretrial Order due by 4/11/2017. Signed by Magistrate Judge Nancy J. Koppe on 10/3/2016. (Copies have been distributed pursuant to the NEF - SLD)

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Richard E. Haskin Esq.
Nevada State Bar # 11592
Timothy P. Elson, Esq.
Nevada State Bar # 11559
GIBBS GIDEN LOCHER TURNER
SENET & WITTBRODT LLP
7450 Arroyo Crossing Parkway, Suite 270
Las Vegas, Nevada 89113-4059
[phone]
Attorneys for Plaintiff
SOCIAL BUTTERFLY WORLD, LLC

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SOCIAL BUTTERFLY WORLD, LLC, a
Nevada limited-liability company,

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Plaintiff,
v.

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Case No.:

MENDEZ MEDIA MARKETING, INC., a
California corporation ; and DOES 1 through
10 and ROE corporations 1 through 10,
inclusive,

2:16-CV-00123-RFB-NJK

RENEWED STIPULATION AND
ORDER (SECOND REQUEST) TO
EXTEND DISCOVERY DEADLINES
AS SET FORTH IN PRIOR ORDER
(DOC. 19)

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Defendants.

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Plaintiff SOCIAL BUTTERFLY WORLD, LLC (hereinafter "SBW") and Defendant

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MENDEZ MEDIA MARKETING, INC. (hereinafter "MMMI") (collectively the "Parties"),

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by and through their undersigned counsel, hereby stipulate and agree that the discovery

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deadlines be extended as set forth below. In support of this Renewed Stipulation (see Doc.

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24), the Parties set forth the following status of discovery in accordance with LR 26-4.

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A.

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DISCOVERY COMPLETED TO DATE
The Parties have provided their Initial Disclosures pursuant to Fed. R. Civ. P.

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B.

MMMI propounded initial written discovery upon SBW.

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C.

SBW responded to MMMI's initial written discovery.

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D.

SBW propounded initial written discovery upon MMMI.
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II.

A.

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DISCOVERY REMAJNING
MMMI needs to respond to written discovery (currently due date October 6,

2016, pursuant to an extension).

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Subpoenas to third parties.

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The Parties will need to conduct depositions.

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C.

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Supplemental written discovery.

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B.

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The Parties will need to designate initial and rebuttal experts.

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F.

Whatever additional discovery is desired by the Parties as the discovery

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unfolds.
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REASONS WHY DISCOVERY SHOULD BE EXTENDED
Initially, irreconcilable differences occurred between SBW and its counsel, leading

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SBW to locate new counsel. SBW did so, which took some time. Thereafter, Gibbs Giden

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(i.e., new counsel) required time to review the file, gather additional documents and

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otherwise coordinate with SBW to respond to written discovery.

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responded to initial written discovery, as well as propounded written discovery.

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During discovery, it came to light that MMMI alleges that third parties are be

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responsible for some or all of SBW's alleged damages. Since learning of this information,

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which recently occurred before the deadline for leave to amend expired, SBW is

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investigating whether it is appropriate to name these potential parties in this action. SBW

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submits that additional time is warranted for it to finalize its investigation before naming

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these parties. 2 The parties generally agreed3 to allow SBW to amend its pleading to name

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these additional potential parties in this action, if SBW believes that filing an amended

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Since then, SBW

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As discussed in the prior stipulation (Doc. 17), both Mr. Haskin and Mr. Elson were out of the
country for several weeks in June 2016 on previously scheduled vacations. Further, both Mr. Haskin
and Mr. Elson were in two separate trials in the months of August and September 2016.
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At a minimum, SBW respectfully requests that this Court extend the deadline for leave to amend in
accordance with the parties' agreements as SBW has demonstrated good cause and excusable
neglect in this regard (given that it recently discovered this information and needed to investigate
before seeking to amend its pleading, as well as relying on the parties' agreements in this regard).
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MMMI has not reviewed the proposed pleading and reserves all rights and objections related to any
potential pleading, including, but not limited to, not entering into any stipulation on this issue.
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pleading is appropriate and MMMI agrees to its content.

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determine that it is not waiving any rights by resolving this action without involving these

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new parties. Both Parties agree that they should be able to bridge the gap that exists in the

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settlement discussions, and have agreed to attend a settlement conference if they cannot

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discussions were complicated with the discovery of new potential parties, and SBW needs to

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offers this week in an attempt to finalize their discussions. SBW submits that settlement

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The Parties also continue to explore settlement options, even exchanging counter-

bridge the gap without assistance. The Parties would then seek to attend a settlement

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conference at this Court's earliest available opportunity.

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As such, the Parties respectfully submit that good cause exists, as well as special

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circumstances, to extend the discovery deadlines. Ifthe Parties cannot resolve this matter

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and SBW chooses to add additional parties, all the discovery deadlines will likely be

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continued to not prejudice the newly added parties. SBW believes it can make this

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determination in the near future. If SBW chooses not to add additional parties, the Parties

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submit that they will be able to complete (or, at a minimum, make significant strides toward

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completing) discovery within the time periods set forth in this Stipulation. The Parties agree

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that they are not planning on seeking additional discovery continuances, as the Parties

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currently believe that they can complete discovery in this case within these time period if

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settlement cannot be reached. Providing this additional continuance of all of the discovery

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deadlines will best fulfill the needs of both Parties, and best allow the Court and the Parties

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"to secure the just, speedy, and inexpensive determination" of this action. Fed. R. Civ. P. 1.

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IV.

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PROPOSED DEADLINES FOR REMAINING DISCOVERY

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Previous Deadline

Proposed Deadline

December 22, 2016

February 10, 2017

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Discovery Cut-Off Date

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Amending Pleadings and Adding Parties: September 23, 2016

November 14, 2016

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Expert Disclosure:

October 24, 2016

December 12, 2016
January 11, 2017

January 23, 2016

March 13, 2017

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Rebuttal Expert
Rebuttal Expert Disclosures
Dispositive Motions:

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V.

February 22, 2016

Pretrial Order:

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April 11 12, 20174

CONCLUSION
For the foregoing reasons, the Parties respectfully request that the Court enter an

Order adopting the dates set forth in this Stipulation.

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DATED: September 30, 2016

GIBBS GIDEN LOCHER TURNER
SENET & WITTBRODT LLP

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By:
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/s/ Timothy P. Elson
Timothy P. Elson, Esq.
Nevada State Bar # 11559
7450 Arroyo Crossing Parkway, Suite 270
Las Vegas, Nevada 89113-4059
Attorneys for Plaintiff
SOCIAL BUTTERFLY WORLD. LLC

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DATED: September 30, 2016
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By:

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE &
CARRUTH LLP

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/s/ Timothy J. Buchanan
Timothy J. Buchanan, Esq. (Pro hac vice)
California State Bar # 100409
Shane G. Smith, Esq. (Prohac vice)
California State Bar # 272630
7647 North Fresno Street
Fresno, California 93720
Attorneys for Defendant MENDEZ MEDIA
MARKETING. INC.

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED:

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October 3, 2016

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In the event dispositive motions are filed, the date for the filing of the joint pretrial order shall be
suspended until thirty (30) days after decision of the dispositive motions or further order of the
Court.

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CERTIFICATE OF MAILING
The undersigned, an employee of the law firm of GIBBS GIDEN LOCHER

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ORDER (SECOND REQUEST) TO EXTEND DISCOVERY DEADLINES AS SET

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FORTH IN PRIOR ORDER (DOC. 19) via electronic service through the United

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2016, she served a copy of the FOREGOING RENEWED STIPULATION AND

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TURNER SENET & WITTBRODT LLP, hereby certifies that on September 30,

States District Court for the District of Nevada's ECF System upon each party in the

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case who is registered as an electronic case filing user with the Clerk:

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Dyl an P. Todcj;, Esq.
MCCORMICK., BARSTOW,
SHEPPARD, ·
wAYTE & CARRUTH
LLP
8337 West Sunset Road, Suite 350
Las Vegas. Nevada 89113

Attorneys for Defendant MENDEZ
MEDIA MARKETING, INC.

Timothy J.J3uchanan, Esg .
MCCORMICK , BARSTOW,
SHEPPARD, WAYTE & CARRUTH
LLP
7647 North Fresno Street
Fresno. California 93720

Attorneys for Defendant MENDEZ
MEDIA MARKETING, INC.

Tel: [phone]
Fax: [phone]

Tel: [phone]
Fax: [phone]

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