Cardinali v. Plusfour, Inc. et al

Filing 79

ORDER granting 78 Stipulation to Extend Deadlines. Discovery due by 10/8/2018. Motions due by 11/7/2018. Proposed Joint Pretrial Order due by 12/7/2018. Signed by Magistrate Judge Nancy J. Koppe on 4/3/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02046-JAD-NJK Document 78 Filed 04/02/18 Page 1 of 5

1 Matthew I. Knepper, Esq.
Nevada Bar No. 12796

2 Miles N. Clark, Esq.
3 Nevada Bar No. 13848
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KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Phone: [phone]
FAX: [phone]
Email: [e-mail]
Email: [e-mail]

8 Sean N. Payne, Esq.

Nevada Bar No. 13216

9 PAYNE LAW FIRM LLC
9550 S. Eastern Ave., Suite 253-A213

10 Las Vegas, NV 89123
11 Phone: [phone]
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FAX: [phone]
Email: [e-mail]

13 David H. Krieger, Esq.
No. 9086
14 Nevada Bar KRIEGER, LLC
HAINES &
15 8985 S. Eastern Ave., Suite 350
Henderson, NV 89123

16 Phone: [phone]
FAX: [phone]

17 Email: [e-mail]
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Attorneys for Plaintiff

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LOUIS A. CARDINALI, and all similarly
situated individuals,
Plaintiff,
v.
EXPERIAN INFORMATION SOLUTIONS,
INC.,
Defendant.

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Case No. 2:16-cv-2046-JAD-NJK

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
[Second Request]

Case 2:16-cv-02046-JAD-NJK Document 78 Filed 04/02/18 Page 2 of 5

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Pursuant to LR 6-1 and LR 26-4, Plaintiff Louis A. Cardinali (“Plaintiff”) and Experian

2 Information Solutions, Inc. (“Experian”), by and through their respective counsel of record, hereby
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stipulate and request that this Court extend the case deadlines in the above-captioned case sixty (60)

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days. In support of this Stipulation, the parties state as follows:

6 A.

DISCOVERY COMPLETED TO DATE

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Presently, the active parties to this case are Plaintiff and Experian Information Solutions, Inc.

8 (“Experian”), and as such, the recitation of discovery shall be with respect to Plaintiff and Experian.
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1.

Plaintiff filed his initial complaint on 8/29/2016. ECF Dkt. 1.

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2.

Experian answered the complaint on 10/3/2016. ECF Dkt. 16.

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3.

The Court entered its initial scheduling order on 12/9/2016. ECF Dkt. 31.

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4.

Plaintiff moved for leave to amend his Complaint on 1/3/2017. ECF Dkt. 34.

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5.

The Court entered its protective order on 1/4/2017. ECF Dkt. 35.

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6.

The Court granted Plaintiff’s motion for leave to amend his complaint on 4/19/2017.

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ECF Dkt. 56 (minutes).

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7.

Plaintiff filed his First Amended Complaint on 4/19/2017. ECF Dkt. 57.

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8.

Experian answered the First Amended Complaint on 4/28/17. ECF Dkt. 58.

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9.

The Court granted the parties’ stipulated Amended Scheduling Order on 10/13/2017.

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ECF Dkt. 67.
10.

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Documents, Requests for Admission, and Interrogatories on Plaintiff.
11.

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On November 9, 2017, Plaintiff propounded his first set of Requests for Production of
Documents, Requests for Admission, and Interrogatories on Experian.

12.

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On October 25, 2017, Experian propounded its first set of Requests for Production of

On November 23, 2017, Plaintiff responded to Experian’s first set of Requests for
Production of Documents, Requests for Admission, and Interrogatories.

13.

On December 11, 2017, Experian responded to Plaintiff’s first set of Requests for
Production of Documents, Requests for Admission, and Interrogatories.

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Case 2:16-cv-02046-JAD-NJK Document 78 Filed 04/02/18 Page 3 of 5

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about Experian’s written discovery responses.

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agreements to supplement their requests.

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17.

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B.

Any additional necessary depositions; and

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C.

As applicable, depositions of Plaintiff and Experian’s experts and rebuttal experts;

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As applicable, disclosures of Plaintiff and Experian’s experts and rebuttal experts;

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Depositions of Plaintiff and Experian’s 30(b)(6) witness;

3.

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Specific Description of Discovery that Remains to be Completed
2.

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On March 30, 2018, Plaintiff propounded his Deposition Notice on Experian’s 30(b)(6)
witness, tentatively setting the deposition for May 11, 2018.

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On March 22, 2018, Experian propounded its Deposition Notice on Plaintiff,
tentatively setting the deposition for April 18, 2018.

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On March 22, 2018, Experian responded to Plaintiff’s Second Set of Requests for
Production of Documents.

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On February 20, 2018, Plaintiff propounded his Second Set of Requests for Production
of Documents on Experian.

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On January 8, 2017, the parties met and conferred for approximately four hours
regarding their respective 26-7 letters, and reached numerous final and tentative

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On December 28, 2017, Plaintiff sent Experian a 26-7 letter outlining various concerns
about Experian’s written discovery responses.

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On December 12, 2017, Experian sent Plaintiff a 26-7 letter outlining various concerns

Any additional necessary written discovery.

Reasons Why the Remaining Discovery Was Not Completed
The parties aver, pursuant to LR 6-1, that good cause exists for the requested extensions. After

Plaintiff filed his amended complaint, which contained new putative class allegations, Plaintiff
propounded far-reaching and complex class-based discovery on Experian. During the parties’ lengthy
26-7 conference on January 8, 2017, and in subsequent informal communications, the parties made
and continue to make progress in attempting to structure class-wide discovery in a manner which is

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Case 2:16-cv-02046-JAD-NJK Document 78 Filed 04/02/18 Page 4 of 5

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both adequate and cost-effective. Specifically, Experian has proposed initially limiting its inquiry
into Plaintiff’s class claims to a series of discrete internal update codes from its internal production
which are related to Plaintiff’s consumer dispute, and Plaintiff has expressed a willingness to agree to
use any return from such an initial search sample in order to demonstrate that the Class is ascertainable
and sufficiently numerous for certification purposes. After discussion between the parties via
telephone and email, Experian has indicated that it will be in a position to provide these responses
shortly after May 4, 2018.

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Additional written discovery may be necessary to further define the scope of the Class from
Experian’s internal systems. Plaintiff’s Second Set of Requests for Production requested such
information, and more particularized answers to these requests can likely be returned after Experian
provides the results of its initial return shortly after May 4, 2018. However, until such discovery is
completed or reaches an impasse, disclosure of technical experts, the reports of such experts, and
expert depositions is premature and will likely require supplementation and re-deposition. Instead,
the parties agree that written discovery into Experian’s internal systems and identification of the
number of Class members should precede inquiry into expert-related matters. Therefore, granting the
stipulation will facilitate the parties’ good-faith discussions and provide sufficient time to complete
this discovery while minimizing the necessity of seeking court involvement. Therefore, the parties
also request that the Court extend the initial and rebuttal expert disclosure dates conterminous with
the requested discovery extension.

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For all of these reasons, the parties request that the Court grant this request for an extension of
time.
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Case 2:16-cv-02046-JAD-NJK Document 78 Filed 04/02/18 Page 5 of 5

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Proposed Discovery Deadlines
Event
Current Deadline
Proposed New Deadline
Close of Discovery
August 8, 2018
October 8, 2018 1
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Deadline to Disclose Initial
June 11, 2018
August 9, 2018
Experts
Deadline to Disclose
July 11, 2018
September 10, 2018 3
Rebuttal Experts
Dispositive Motions
September 7, 2018
November 7, 2018
Motion for Class
September 7, 2018
November 7, 2018
Certification
Pre-Trial Order
October 8, 2018 4
December 7, 2018
Dated this 2nd day of April, 2018.
/s/ Christopher A. Hall
/s/ Miles N. Clark
Adam W. Wiers (Admitted Pro Hac Vice)
Matthew I. Knepper, Esq. (NBN 12796)
Christopher A. Hall (Admitted Pro Hac Vice)
Miles N. Clark, Esq. (NBN 13848)
JONES DAY
KNEPPER & CLARK LLC
77 W. Wacker Ave.
10040 W. Cheyenne Ave., Suite 170-109
Chicago, IL 60601
Las Vegas, NV 89129
Jennifer L. Braster (NBN 9982)
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Attorneys for Defendant Experian Information
Solutions, Inc.

David H. Krieger, Esq. (NBN 9086)
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Sean N. Payne, Esq. (NBN 13216)
PAYNE LAW FIRM LLC
9550 S. Eastern Ave., Suite 253-A213
Las Vegas, NV 89123

17 Thomas A. Zimmerman, Jr. (Admitted Pro Hac Vice)
18 Zimmerman Law Offices, P.C.
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77 West Washington St., Suite 1220
Chicago, IL 60602

20 Mohammed O. Badwan (Admitted Pro Hac Vice)
SULAIMAN LAW GROUP, LTD.

21 2500 S. Highland Ave., Suite 200
22 Lombard, IL 60148
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Attorneys for Plaintiff

ORDER
IT IS SO ORDERED
Dated: April 3, 2018
___________,

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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October 7, 2018 is a Sunday.
June 9, 2018 is a Saturday.
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September 8, 2018 is a Saturday.
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October 7, 2018 is a Sunday.
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