Nouchet v. Mandalay Corporation et al

Filing 52

ORDER granting 51 Motion to Extend Time. Discovery due by 6/16/2017., Motions due by 7/17/2017., Proposed Joint Pretrial Order due by 8/30/2017. Signed by Magistrate Judge Carl W. Hoffman on 4/28/2017. (Copies have been distributed pursuant to the NEF - JM)

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Case 2:16-cv-00712-GMN-CWH Document 51 Filed 04/26/17 Page 1 of 7 1 2 3 4 5 6 7 8 Lisa A. McClane Nevada Bar # 10139 Mahna Pourshaban Nevada Bar # 13743 JACKSON LEWIS P.C. 3800 Howard Hughes Pkwy, Suite 600 Las Vegas, Nevada 89169 Tel: (702) 921-2460 Fax: (702) 921-2461 lisa.mcclane@jacksonlewis.com mahna.pourshaban@jacksonlewis.com Attorneys for Defendant Mandalay Corp. dba Mandalay Bay Resort and Casino 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 ARISTIDE NOUCHET, Plaintiff, 13 14 Case No. 2:16-cv-00712-GMN-CWH vs. 16 MANDALAY CORPORATION d/b/a, MANDALAY BAY RESORT AND CASINO, 17 MOTION TO EXTEND DISCOVERY (Second Request) Defendant. 15 18 Defendant Mandalay Corp. dba Mandalay Bay Resort and Casino (“Mandalay Bay” or 19 “Defendant”), by and through its undersigned counsel, hereby moves to extend the close of 20 discovery an additional thirty (30) days in this matter. This Motion is based on the following 21 Memorandum of Points and Authorities, all pleadings and documents on file with the Court, and 22 any argument that the Court deems proper. 23 Dated this 26th day of April, 2016. 24 25 26 JACKSON LEWIS P.C. /s/ Lisa A. McClane Lisa A, McClane, Bar No. 10139 Mahna Pourshaban, Bar No. 13743 3800 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169 27 28 Jackson Lewis P.C. Las Vegas Attorneys for Defendant Mandalay Corp. Case 2:16-cv-00712-GMN-CWH Document 51 Filed 04/26/17 Page 2 of 7 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. LEGAL ARGUMENT 3 A. Standard for Extending Discovery. 4 5 6 Pursuant to Fed.R.Civ.P. 16(b)(3), a case schedule may be modified only for good cause and only with the judge’s consent. Fed.R.Civ.P. 16(b). In Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.1992), the court explained, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jackson Lewis P.C. Las Vegas ... Rule 16(b)’s “good cause” standard primarily concerns the diligence of the party seeking the amendment. The district court may modify the pretrial schedule “if it cannot reasonably be met despite the diligence of the party seeking the extension.” Fed.R.Civ.P. 16 advisory committee’s notes (1983 amendment) ... [T]he focus of the inquiry is upon the moving party’s reasons for seeking modification.... If that party was not diligent, the inquiry should end. Parties must “diligently attempt to adhere to that schedule throughout the subsequent course of the litigation.” Jackson v. Laureate, Inc., 186 F.R.D. 605, 607 (E.D.Ca1.1999); see Marcum v. Zimmer, 163 F.R.D. 250, 254 (S.D.W.Va.1995). In part, the “good cause” standard requires the parties to demonstrate that “noncompliance with a Rule 16 deadline occurred or will occur, notwithstanding her diligent efforts to comply . . . .” Jackson, 186 F.R.D. at 608. As set forth below, Defendant has been diligent in its efforts to comply with the scheduling order and but for the unexpected medical leave of absence would have been able to meet the deadline. B. Requirements pursuant to LR 26-4. 1. Discovery Completed/Propounded to Date by Nouchet:  Responses to Interrogatories from Mandalay Bay  Response to Production Request from Mandalay Bay  First Production Requests to Mandalay Bay  Second Production Requests to Mandalay Bay  First Production Requests to Individual Defendants  First Set of Interrogatories to Mandalay Bay  First Set of Interrogatories to Defendant Ray Sanchez 2 Case 2:16-cv-00712-GMN-CWH Document 51 Filed 04/26/17 Page 3 of 7 1  Second Production Requests to Defendant Ray Sanchez 2  First Set of Interrogatories to Defendant Shaun Sanders 3  Second Production Requests to Defendant Shaun Sanders 4  First Set of Interrogatories to Defendant Richard Hoffmann 5  Second Production Requests to Defendant Richard Hoffmann 6  First Set of Interrogatories to Defendant Jeffrey Davis 7  First Set of Interrogatories to Defendant Susan Wolfla 8  First Set of Requests for Admission to Mandalay Bay 9  First Set of Requests for Admission to Ray Sanchez 10  First Set of Requests for Admission to Jeffrey Davis 11  Second Set of Requests for Production to Mandalay Bay 12  Second Set of Requests for Admission to Mandalay Bay 13  Plaintiff’s First Response to Defendant’s Request for Production 14  Plaintiff’s Answers to Defendant’s First Set of Interrogatories 15 2. Discovery Completed/Propounded to Date by Defendants: 16  Initial Disclosures 17  Interrogatories 18  Production Requests 19  Mandalay Bay’s Responses to Production Requests 20  Mandalay Bay’s Answers to Interrogatories 21  Mandalay Bay’s Responses to Requests for Admission 22  Ray Sanchez’ Responses to Production Requests from Nouchet 23  Ray Sanchez’ Answers to Interrogatories 24  Ray Sanchez’ Answers to Request for Production 25  Shawn Sanders’ Responses to Production Requests from Nouchet 26  Shawn Sanders’ Answers to Interrogatories 27  Shawn Sanders’ Answers to Request for Production 28  Jeffrey Davis’ Responses to First Set of Answers to Interrogatories Jackson Lewis P.C. Las Vegas 3 Case 2:16-cv-00712-GMN-CWH Document 51 Filed 04/26/17 Page 4 of 7 1  Jeffrey Davis’ Responses to Request for Admission 2  Richard Hoffman’s Responses to Request for Admission 3  Richard Hoffan’s Response to Requests for Production 4  Susan Wolfla’s Responses to Plaintiff’s First Set of Interrogatories 5  First Supplemental Disclosures 6  Second Supplemental Disclosures 7  Third Supplemental Disclosures 8  Two Freedom of Information Act (FOIA) requests to the Equal Employment Opportunity Commission 9 10  Subpoena to Nevada Equal Rights Commission 11  Subpoena to NV Yellow Cab 12  Subpoena Dr. DeLeon 13  Subpoena Procare Med 14  Subpoena Active Health Chiropractic 15  Subpoena to St. Rose 16 3. Discovery that Remains to be Completed 17 Plaintiff recently propounded his second set of requests for admission and a second set of 18 requests for production. Defendant is currently preparing responses to Plaintiff’s second sets of 19 admission and requests for production. 20 discovery responses (ECF No. 50) which Defendant is currently in the process of opposing. 21 Defendant also scheduled Plaintiff’s deposition to take place prior the close of discovery on 22 May 3, 2017. However, while Defendant’s counsel was on medical leave, she received an order 23 to participate in an Early Neutral Evaluation (“ENE”) in another matter on the same day (May 3, 24 2017). Defendant’s counsel did no return from medical leave until after the deadline to request an 25 extension for the ENE had already passed. As such, Defendant’s counsel has a scheduling 26 conflict and a rapidly approaching discovery deadline. Plaintiff also filed a motion to compel unredacted 27 28 Jackson Lewis P.C. Las Vegas 4 Case 2:16-cv-00712-GMN-CWH Document 51 Filed 04/26/17 Page 5 of 7 1 4. Reasons why Discovery was not Timely Completed 2 As demonstrated above, significant discovery has been completed in this matter. The 3 parties have been diligent and progress has been made in conducting discovery. However, 4 Defendant’s counsel suffered unexpected medical issues requiring surgery and leaves of absence. 5 Defendant’s counsel’s medical issues have been resolved and no further delay is anticipated. 6 5. Proposed Schedule for Completing Discovery 7 Defendant proposes extending the discovery deadlines as follows: 8 Discovery Action Close of Discovery Current Date May 17, 2017 Proposed Date June 16, 2017 10 Dispositive Motions June 17, 2017 July 17, 2017 11 Pre-Trial Order July 31, 2017 August 30, 20171 9 12 13 II. CONCLUSION 14 For each and all of the reasons stated above, Defendant respectfully requests the Court 15 grant Defendant’s Motion to Extend Discovery. 16 Dated this 26th day of April, 2017. JACKSON LEWIS P.C. 17 18 /s/ Lisa A. McClane Lisa A, McClane, Bar No. 10139 Mahna Pourshaban, Bar No. 13743 3800 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169 19 20 April 28, 2017 21 22 Attorneys for Defendant Mandalay Corp. dba Mandalay Bay Resort and Casino, 23 24 25 26 27 28 Jackson Lewis P.C. Las Vegas 1 In the event dispositive motions are filed, the date for filing the Joint Pretrial Order shall be suspended until thirty (30) days after decision on the dispositive motions or by further order of the Court. 5 Case 2:16-cv-00712-GMN-CWH Document 51 Filed 04/26/17 Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jackson Lewis P.C. Las Vegas 6 Case 2:16-cv-00712-GMN-CWH Document 51 Filed 04/26/17 Page 7 of 7 CERTIFICATE OF SERVICE 1 2 I hereby certify that I am an employee of Jackson Lewis P.C. and that on this 26th day of 3 April, 2017, I caused to be served a true and correct copy of the above and foregoing 4 DEFENDANT’S MOTION TO EXTEND DISCOVERY via United States Mail, postage 5 prepaid, properly addressed to the following: 6 Aristide Nouchet 9925 West Russell Road Unit 2107 Las Vegas, Nevada 89148 7 8 Pro Se Plaintiff 9 /s/ Lisa A. McClane Employee of Jackson Lewis P.C. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jackson Lewis P.C. Las Vegas 7

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