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)

Case 2:16-cv-02066-GMN-NJK Document 101 Filed 11/29/17 Page 1 of 5

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Stephen A. Watkins
(Cal. Bar. No.205175)
[e-mail]
pro hac vice
CARLSON & MESSER LLP
9841 Airport Blvd. #1200
Los Angeles, CA 90045
Telephone: [phone]
Facsimile: [phone]
SHANNON G. SPLAINE, ESQ.
Nevada Bar No. 8241
LINCOLN, GUSTAFSON & CERCOS, LLP
3960 Howard Hughes Pkwy., Ste. 200
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants Aargon
Agency, Inc. incorrectly named as
Aargon Collection Agency) and
Armand Fried

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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.

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Plaintiffs Eugene Goldsmith et al. (“Plaintiffs”) and Defendant Aargon Agency, Inc.

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(incorrectly named as Aargon Collection Agency) and Armand Fried (“Defendants” and together

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with Plaintiffs, the “Parties”) by and through their counsel of record hereby stipulate to modify

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the Court’s May 15, 2017 Order, ECF No. 76, to extend the remaining dates in this matter on the

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20 consolidated suits at issue, for 90 days for good cause.

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Pursuant to LR 26-4, good cause exists to amend the Scheduling Order.

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{5-11 scheduling order;1}

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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

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As this Court is aware, this action involves 20 consolidated lawsuits. The discovery

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involving the lawsuits and the records pertaining thereto are extensive. Defendant has had to

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dedicate a full-time employee to work on the plethora of issues and production of document

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matters involved in the 20 Consolidated cases at issue, and to assist Counsel for Defendants.

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With regard to the production of documents, Defendant had to produce documents

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pertaining to 20 separate lawsuits involving thousands of pages of documents that involve

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transactions spanning over a five-year period of time. In addition, in order to develop the factual

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record, the parties have to review thousands of records involving Court records in over 20 cases.

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On October 20, 2017, Plaintiffs’ counsel, Vernon Nelson, suffered a severe automobile

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accident wherein all of his airbags deployed. As a result, he has had to take much time off from

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regular work and the press of business due to suffering from concussion syndrome, involving

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dizziness, nausea and vertigo. Counsel of defendant, of course, has accommodated counsel for

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plaintiff with regard to various case matters due to his health concerns, as has been requested and

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needed.

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From early September 2017 through late October 2017, general counsel for Defendant

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who oversees this litigation on behalf of Aargon was distracted and absent from work for due to

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the impact of Hurricane Irma and its effect on Defense counsel’s elderly mother and multiple

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family members who reside in Southern Florida. These family members were adversely affected

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and displaced by Hurricane Irma. Defense counsel’s elderly mother had been without power for

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extended periods of time and had to be relocated. During the month of September and to the

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present, Defense counsel has spent countless hours arranging for his family’s and mother’s

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evacuation ahead of the hurricane and in dealing with contractors to protect property in securing

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property, , and counsel has traveled to and from Miami, in order to assist with these matters. In

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the aftermath of Hurricane Irma, counsel has had to assist with relocating family members,

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scheduling medical appointments, handling lack of power issues, property damage, and the

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hiring and working with numerous contractors. The amount of time dedicated to tending to these

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personal, unforeseen events has impacted defense counsel’s ability to tend to critical matters

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{5-11 scheduling order;1}

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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

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pertaining to this case. . Like Counsel for Defendant, Plaintiffs’ counsel has accommodated

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counsel for Defendant with regard to various case matters, as is requested and needed.

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Moreover, this consolidated action is comprised of 20 different underlying actions.

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Counsel for the parties have met and conferred in person and over the past few months regarding

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the claims of these Plaintiffs, hoping to narrow the issues prior to the taking of depositions and

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prior to engaging in additional discovery.

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This request for extension of deadlines is made specifically in this fee-shifting matter

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since the taking of depositions are a significant expense. The discovery extension is also

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requested to resolve multiple outstanding discovery disputes and to determine the availability of

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Defendant’s 30(b)(6) witnesses and the 20 Plaintiffs for deposition. The 30(b)(6) deposition of

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Defendant Aargon and the deposition of Defendant have been tentatively scheduled for late

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December.

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In addition, Defendant is working with Plaintiff’s counsel to schedule the depositions of

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20 Plaintiffs and various additional percipient witnesses, involving potentially the deposition of

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another 10-12 witnesses or more.

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For these reasons, the Parties jointly request that this Court modify the May 15, 2017

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Order to provide an additional 90 days to complete discovery, and then in the ordinary course, to

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file dispositive motions, and the proposed joint pretrial order as described in the proposed

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timeline above.

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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

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{5-11 scheduling order;1}

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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

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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.

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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: [phone]
Fax: [phone]
E-Mail: [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: [phone]
Fax: [phone]
Email: [e-mail]
LINCOLN GUSTAFSON & CERCOS,
LLP

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/s/ Shannon G. Splaine
By: SHANNON G. SPLAINE, ESQ.
Nevada Bar No. 8241
3960 H. Hughes Pkwy, Suite 200
Las Vegas NV 89169
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants, Aargon
Agency, Inc.(incorrectly named as
Aargon Collection Agency); Armand
Fried

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IT IS SO ORDERED.

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November 30
Dated this ______ day of ________________, 2017.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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{5-11 scheduling order;1}

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Joint Stipulation and Order to Extend Deadlines
No. :16-cv-02066-GMN-NJK