Stewart v. Armed Forces Bank, National Association et al

Filing 20

ORDER re 18 Joint Interim Status Report. Signed by Magistrate Judge George Foley, Jr on 8/30/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00708-GMN-GWF Document 18 Filed 08/29/16 Page 1 of 5

1
2
3
4
5
6
7
8

David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Phone: [phone]
FAX: [phone]
Email: [e-mail]
Attorneys for Plaintiff,
Max E. Stewart
UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

Max E. Stewart,

12
13

Plaintiff,

CASE NO. 2:16-cv-00708-GMN-GWF
JOINT INTERIM STATUS
REPORT

vs.

14
15
16
17
18

ARMED FORCES BANK,
NATIONAL ASSOCIATION;
COMMUNITY FINANCIAL CREDIT
UNION; FIRST NATIONAL BANK
OF OMAHA; EXPERIAN
INFORMATION SOLUTIONS, INC,

19
20

Defendants.
Pursuant to the Court’s Order entered on May 13, 2016, the parties, by and

21
22

through their counsel of record, hereby submit the following Joint Status Report and

23

state the following:

24

1.

Plaintiff filed the instant Complaint on 3/31/2016. ECF No. 1.

2.

On April 15, 2016, dismissal documents were filed as to Community

25
26
27
28

Financial Credit Union (“Community”). ECF No. 6.

Case 2:16-cv-00708-GMN-GWF Document 18 Filed 08/29/16 Page 2 of 5

1

3.

2

National Association (“Armed Forces”). ECF No. 7.

3
4

4.

5.

7

On May 6, 2016, First National Bank of Omaha (“Omaha’) filed an answer
to Plaintiff’s Complaint. ECF No. 10.

8
9

On April 29, 2016, Experian Information Solutions, Inc. (“Experian”) filed
an answer to Plaintiff’s Complaint. ECF No. 8.

5
6

On April 19, 2016, a settlement was reached with Armed Forces Bank,

6.

10

On June 16, 2016, dismissal documents were filed as to Armed Forces.
ECF No. 15.

11
12

7.

of Omaha (“Omaha”). ECF No. 16.

13
14

On July 20, 2016, dismissal documents were filed as to First National Bank

8.

The remaining defendant in this matter is Experian.

9.

Discovery is currently scheduled to close on 10/26/2016. ECF No. 13.

15
16
17
18

Plaintiff’s Position
Discovery Conducted to Date with Experian

19
20

10.

On May 4, 2016, Plaintiff served Interrogatories, Requests for Admissions
and Request for Production of Documents to Counsel for Defendant

21
22

Experian.

23
24

11.

On August 5, 2016, Experian provided responses to the Plaintiff’s
Discovery Demands. In those responses, Experian stated it withheld

25
26

confidential documents that it would produce upon entry of the appropriate

27

protective order. On August 22, 2016, Plaintiff requested the proposed

28

2
CLAC 2198064.1

Case 2:16-cv-00708-GMN-GWF Document 18 Filed 08/29/16 Page 3 of 5

1

protective order from Experian.

Experian has agreed to circulate a

2

proposed protective order and will do so by September 2, 2016. Experian

3

will produce these documents upon entry of an appropriate protective order

4

in this matter.

5
6

12.

The deposition of Experian’s 30(b)(6) witness is currently scheduled for

7

September 1, 2016. However, the deposition may need to be rescheduled

8

given this discovery issue.

9
10

13.

11

Further, on August 26, 2016, Experian served Plaintiff with objections to
Plaintiff’s notice of deposition. In addition to the objections as to topics,

12

Experian objected to the location (Plaintiff’s counsel’s office in Las Vegas,

13
14

NV) as the designee is in Dallas, Texas. Experian has offered to make the

15

designee available in Dallas, Texas. However, the date of September 1,

16
17

2016, does not work due to previously-scheduled hearing.

Experian

18

offered to reschedule the deposition for November 9 or 10, 2016. To date,

19

Experian has not received a response from Plaintiff.

20
21

14.

22

The Plaintiff’s position has been that “if a defendant truly believes it has
‘confidential’ or ‘proprietary information’ that should be protected by a

23

protective order, it should have entered into a stipulated protective order

24
25

with plaintiff or filed a motion for protective order before the date by

26

which it was to respond to plaintiff’s requests.” (emphasis added). Bible v.

27

Rio Properties, Inc., 246 F.R.D. 614, 619 (C.D. Cal. 2007).

28

3
CLAC 2198064.1

Case 2:16-cv-00708-GMN-GWF Document 18 Filed 08/29/16 Page 4 of 5

15.

1
2

If the discovery dispute is not resolved by September 2, 2016, Plaintiff
anticipates attempting to meet and confer pursuant to LR 26-7 with

3

Experian. Thereafter, if the discovery dispute remains unresolved, then

4

Plaintiff will likely move to compel the withheld discovery.

5
6

16.

Experian has noticed Plaintiff’s deposition for October 5, 2016.

17.

Experian anticipates a discovery extension may be necessary in order to

7
8

complete the deposition of its 30(b)(6) designee as well as any necessary

9
10

third-party witnesses.

11

Trial & Settlement Conference

12

18.

13
14

The parties anticipate that the trial in this matter will last 2-3 days. Either
party may file a Motion for Summary Judgment following the close of

15

discovery, which, if granted by the Court, would reduce the expected

16

length of the trial.

17
18

19.

The parties propose a trial date in March or April of 2017.

19
20
21
22

///
///
///

23
24
25
26

///
//
///

27
28

///
4
CLAC 2198064.1

Case 2:16-cv-00708-GMN-GWF Document 18 Filed 08/29/16 Page 5 of 5

1
2

20.

The parties certify that they considered consenting to trial by a magistrate

3

judge and use of the Short Trial Program. The parties further certify that

4
5

they met and conferred about the possibility of using alternative dispute

6

resolution processes including, mediation, arbitration, and early neutral

7

evaluation.

8
9

Respectfully submitted August 29, 2016.

10
11

/s/ David H. Krieger, Esq.
12 David H. Krieger, Esq.
8985 S. Eastern Avenue, Suite 350
13
Henderson, Nevada 89123
14 [phone]
[e-mail]
15
16
17

Attorneys for Plaintiff
Max E. Stewart

/s/ Jennifer L. Braster, Esq.
Jennifer L. Braster, Esq.
Maupin Naylor Braster
1050 Indigo Drive
Suite 112
Las Vegas, NV 89145
Attorneys for Defendant
Experian Information Solutions, Inc.

18
19
20

IT IS SO ORDERED

21

________________________________________
United States Magistrate Judge

22
23

8/30/2016
Dated: ________________

24
25
26
27
28

5
CLAC 2198064.1