Goldsmith v. Aargon Collection Agency, Inc. et al

Filing 102

ORDER granting 101 Stipulation re Discovery Deadlines. Discovery due by 4/30/2018. Motions due by 5/30/2018. Proposed Joint Pretrial Order due by 6/30/2018. Signed by Magistrate Judge Nancy J. Koppe on 11/30/2017. (Copies have been distributed pursuant to the NEF - MMM)

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Case 2:16-cv-02066-GMN-NJK Document 101 Filed 11/29/17 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 Stephen A. Watkins (Cal. Bar. No.205175) pro hac vice CARLSON & MESSER LLP 9841 Airport Blvd. #1200 Los Angeles, CA 90045 Telephone: (310) 242-2200 Facsimile: (310) 242-2222 SHANNON G. SPLAINE, ESQ. Nevada Bar No. 8241 LINCOLN, GUSTAFSON & CERCOS, LLP 3960 Howard Hughes Pkwy., Ste. 200 Las Vegas, NV 89169 Telephone: (702) 257-1997 Facsimile: (702) 257-2203 Attorneys for Defendants Aargon Agency, Inc. incorrectly named as Aargon Collection Agency) and Armand Fried 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 18 19 20 Case No. 16-cv-02066-GMN-NJK EUGENE GOLDSMITH et al., Joint Stipulation and Order to Extend Deadlines Plaintiff(s), vs. AARGON COLLECTION AGENCY et al., Defendants. 21 22 Plaintiffs Eugene Goldsmith et al. (“Plaintiffs”) and Defendant Aargon Agency, Inc. 23 (incorrectly named as Aargon Collection Agency) and Armand Fried (“Defendants” and together 24 with Plaintiffs, the “Parties”) by and through their counsel of record hereby stipulate to modify 25 the Court’s May 15, 2017 Order, ECF No. 76, to extend the remaining dates in this matter on the 26 20 consolidated suits at issue, for 90 days for good cause. 27 Pursuant to LR 26-4, good cause exists to amend the Scheduling Order. 28 {5-11 scheduling order;1} 1 Joint Stipulation and Order to Extend Deadlines No. :16-cv-02066-GMN-NJK Case 2:16-cv-02066-GMN-NJK Document 101 Filed 11/29/17 Page 2 of 5 1 As this Court is aware, this action involves 20 consolidated lawsuits. The discovery 2 involving the lawsuits and the records pertaining thereto are extensive. Defendant has had to 3 dedicate a full-time employee to work on the plethora of issues and production of document 4 matters involved in the 20 Consolidated cases at issue, and to assist Counsel for Defendants. 5 With regard to the production of documents, Defendant had to produce documents 6 pertaining to 20 separate lawsuits involving thousands of pages of documents that involve 7 transactions spanning over a five-year period of time. In addition, in order to develop the factual 8 record, the parties have to review thousands of records involving Court records in over 20 cases. 9 On October 20, 2017, Plaintiffs’ counsel, Vernon Nelson, suffered a severe automobile 10 accident wherein all of his airbags deployed. As a result, he has had to take much time off from 11 regular work and the press of business due to suffering from concussion syndrome, involving 12 dizziness, nausea and vertigo. Counsel of defendant, of course, has accommodated counsel for 13 plaintiff with regard to various case matters due to his health concerns, as has been requested and 14 needed. 15 From early September 2017 through late October 2017, general counsel for Defendant 16 who oversees this litigation on behalf of Aargon was distracted and absent from work for due to 17 the impact of Hurricane Irma and its effect on Defense counsel’s elderly mother and multiple 18 family members who reside in Southern Florida. These family members were adversely affected 19 and displaced by Hurricane Irma. Defense counsel’s elderly mother had been without power for 20 extended periods of time and had to be relocated. During the month of September and to the 21 present, Defense counsel has spent countless hours arranging for his family’s and mother’s 22 evacuation ahead of the hurricane and in dealing with contractors to protect property in securing 23 property, , and counsel has traveled to and from Miami, in order to assist with these matters. In 24 the aftermath of Hurricane Irma, counsel has had to assist with relocating family members, 25 scheduling medical appointments, handling lack of power issues, property damage, and the 26 hiring and working with numerous contractors. The amount of time dedicated to tending to these 27 personal, unforeseen events has impacted defense counsel’s ability to tend to critical matters 28 {5-11 scheduling order;1} 2 Joint Stipulation and Order to Extend Deadlines No. :16-cv-02066-GMN-NJK Case 2:16-cv-02066-GMN-NJK Document 101 Filed 11/29/17 Page 3 of 5 1 pertaining to this case. . Like Counsel for Defendant, Plaintiffs’ counsel has accommodated 2 counsel for Defendant with regard to various case matters, as is requested and needed. 3 Moreover, this consolidated action is comprised of 20 different underlying actions. 4 Counsel for the parties have met and conferred in person and over the past few months regarding 5 the claims of these Plaintiffs, hoping to narrow the issues prior to the taking of depositions and 6 prior to engaging in additional discovery. 7 This request for extension of deadlines is made specifically in this fee-shifting matter 8 since the taking of depositions are a significant expense. The discovery extension is also 9 requested to resolve multiple outstanding discovery disputes and to determine the availability of 10 Defendant’s 30(b)(6) witnesses and the 20 Plaintiffs for deposition. The 30(b)(6) deposition of 11 Defendant Aargon and the deposition of Defendant have been tentatively scheduled for late 12 December. 13 In addition, Defendant is working with Plaintiff’s counsel to schedule the depositions of 14 20 Plaintiffs and various additional percipient witnesses, involving potentially the deposition of 15 another 10-12 witnesses or more. 16 For these reasons, the Parties jointly request that this Court modify the May 15, 2017 17 Order to provide an additional 90 days to complete discovery, and then in the ordinary course, to 18 file dispositive motions, and the proposed joint pretrial order as described in the proposed 19 timeline above. 20 21 22 23 24 25 26 27 Current Deadline Deadline to file motion to amend October 31, 2017 pleadings and add parties Disclosure of experts and expert November 30, 2017 reports Interim Status Report November 30, 2017 The disclosure of rebuttal experts January 9, 2018 and their reports Discovery Cut-Off January 31, 2018 Dispositive Motions February 28, 2018 March 15, 2018 Proposed Deadline January 31, 2018 February 28, 2018 January 29, 2018 April 12, 2017 April 30, 2018 May 30, 2018 May 14, 2018 28 {5-11 scheduling order;1} 3 Joint Stipulation and Order to Extend Deadlines No. :16-cv-02066-GMN-NJK Case 2:16-cv-02066-GMN-NJK Document 101 Filed 11/29/17 Page 4 of 5 1 2 3 4 5 Current Deadline deadline for the parties to file any motions for consolidation or bifurcation of trial shall Joint pretrial Order March 30, 2018 Proposed Deadline June 30, 2018 This is the Parties’ first request for an extension of these deadlines. 6 7 8 9 10 11 12 13 14 DATED this 29th day of November, 2017 THE LAW OFFICE OF VERNON NELSON CARLSON & MESSER LLP /s/ Vernon Nelson By: VERNON NELSON, ESQ. Nevada Bar No.: 6434 9480 S. Eastern Avenue, Suite 244 Las Vegas, NV 89123 Tel: 702-476-2500 Fax: 702-476-2788 E-Mail: Attorney for Plaintiff Eugene Goldsmith et al. /s/ Stephen A. Watkins By: Stephen A. Watkins, Esq. Cal. Bar. No. 205175 (pro hac vice) 9841 Airport Blvd., 1200 Los Angeles, CA 90045 Tel: (310) 242-2200 Fax: (310) 242-2222 Email: LINCOLN GUSTAFSON & CERCOS, LLP 15 16 /s/ Shannon G. Splaine By: SHANNON G. SPLAINE, ESQ. Nevada Bar No. 8241 3960 H. Hughes Pkwy, Suite 200 Las Vegas NV 89169 Tel: 702-225-1997 Fax: 702.257-2203 Email: 17 18 19 20 21 Attorneys for Defendants, Aargon Agency, Inc.(incorrectly named as Aargon Collection Agency); Armand Fried 22 23 24 IT IS SO ORDERED. 25 November 30 Dated this ______ day of ________________, 2017. 26 _____________________________________ UNITED STATES MAGISTRATE JUDGE 27 28 {5-11 scheduling order;1} 4 Joint Stipulation and Order to Extend Deadlines No. :16-cv-02066-GMN-NJK

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