Goldberger v. SmartCare OS, LLC et al

Filing 47

ORDER Granting 46 Stipulation Extending Deadline for Jurisdictional Discovery and Deadline to Renew Motion to Dismiss or Respond to Complaint. ( Discovery due by 10/5/2017., Motions due by 10/16/2017.) Signed by Judge Richard F. Boulware, II on 8/31/17. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6
7
8
9
10

JOHN R. BAILEY
Nevada Bar No. 0137
JOSHUA M. DICKEY
Nevada Bar No. 6621
PAUL C. WILLIAMS
Nevada Bar No. 12524
BAILEYKENNEDY
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148-1302
Telephone: [phone]
Facsimile: 702.562.8821
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants SmartCareOS, LLC;
Smart Tuition Holdings, LLC; and Lyrical
Partners, L.P.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

11

12 ANDREW GOLDBERGER, an individual;
Plaintiff,

13
14

Case No.: 2:16-cv-01884-RFB-NJK
STIPULATION AND ORDER EXTENDING

vs.

15 SMARTCAREOS, LLC, a Delaware limited
liability company; SMART TUITION
16 HOLDINGS, LLC, a Delaware limited liability
company; LYRICAL PARTNERS, L.P., a
17 Delaware limited partnership; DOES 1 through
10; ROE ENTITIES 11 through 20, inclusive,
18
Defendants.
19
20

DEADLINE FOR JURISDICTIONAL
DISCOVERY (APPLICABLE TO LYRICAL
PARTNERS, L.P.) AND DEADLINE TO
RENEW MOTION TO DISMISS OR
RESPOND TO COMPLAINT
(FIRST REQUEST)

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Andrew

21

Goldberger (“Plaintiff”) and Defendants SmartCareOS, LLC (“SmartCare”); Smart Tuition

22

Holdings, LLC (“Smart Tuition”); and Lyrical Partners, L.P. (“Lyrical”) (collectively, the “Parties”),

23

through their undersigned counsel, as follows:

24

1.

Pursuant to the Court’s Order on Defendants Motion to Dismiss and the Parties’

25

Jurisdictional Discovery Plan and Scheduling Order (Applicable to Lyrical Partners, L.P.) [ECF No.

26

40] (“Jurisdictional Discovery Plan”), Plaintiff’s deadline to complete jurisdictional discovery is

27

September 21, 2017. Following the jurisdictional discovery cutoff, Lyrical may renew its Motion to

28
Page 1 of 2

1

Dismiss Plaintiff’s claims against Lyrical for lack of jurisdiction by October 2, 2017. If Lyrical

2

chooses not to renew its Motion to Dismiss, its Answer to the Complaint is due by October 2, 2017.

3

2.

Plaintiff and Lyrical have engaged in written discovery concerning jurisdictional

4

matters, Plaintiff desires to take approximately seven depositions concerning discovery. Some of

5

those depositions will occur out of state (i.e. in New York) and at least one witness will be traveling

6

from out of state to Nevada.

7

3.

The Parties have agreed to extend the jurisdictional discovery deadline from

8

September 21, 2017, until October 5, 2017. Likewise, the Parties have agreed to extend the related

9

deadline for Lyrical Partners, L.P. to renew its Motion to Dismiss or to file an Answer from October

10
11

2, 2017 to October 16, 2017.
4.

The Parties submit that good cause exists for the extension. A number of depositions

12

will occur out of state and at least one witness will be traveling from out of state to Nevada for

13

deposition. The Parties are seeking to group the depositions to eliminate excess travel. However,

14

due to existing schedules of the deponents and counsel, the depositions cannot be completed by

15

September 21, 2017. The Parties have discussed and identified available dates and therefore have

16

requested only a two week extension.

17

DATED this 3st day of August, 2017.

DATED this 31st day of August, 2017.

18

BAILEYKENNEDY

MCDONALD CARANO WILSON LLP

19

By: /s/ Joshua M. Dickey
JOHN R. BAILEY
JOSHUA M. DICKEY
PAUL C. WILLIAMS
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Attorneys for Defendants SmartCareOS, LLC;
Smart Tuition Holdings, LLC; and Lyrical
Partners, L.P.

BY: /s/ Aaron D. Shipley
AARON D. SHIPLEY
RORY T. KAY
2300 West Sahara Avenue
Suite 1200
Las Vegas, Nevada 89102
Attorneys for Plaintiff Andrew Goldberger

20
21
22
23
24

IT IS SO ORDERED:

25
26

UNITED STATES DISTRICT/MAGISTRATE JUDGE

27
28

DATED:
Page 2 of 2

August 31, 2017.