Patton v. Financial Business and Consumer Solutions, Inc.

Filing 17

ORDER Granting 16 Stipulation to Stay Discovery. Signed by Magistrate Judge Carl W. Hoffman on 4/3/17. (Copies have been distributed pursuant to the NEF - ADR)

Tara Newbery, Esq.
NV Bar No. 10696
Connaghan | Newberry
7854 W. Sahara Avenue
Las Vegas, NV 89117
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Danny J. Horen
NV Bar No. 13153
Spartan Law, LLC
7854 W. Sahara Avenue
Las Vegas, NV 89117
Telephone: [phone]
Facsimile: 702.548.4459
[e-mail]
Attorneys for Plaintiff
Russell Patton
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RUSSELL PATTON,
Plaintiff,
v.
FINANCIAL BUSINESS AND
CONSUMER SOLUTIONS, INC.
A/K/A FBCS,
Defendants.

S TIPULATION

Case No.: 2:16-cv-02738-JCM-CWH

STIPULATION TO STAY
DISCOVERY PENDING COURT’S
RULING ON PLAINTIFF’S FIRST
MOTION FOR LEAVE TO AMEND
COMPLAINT

Plaintiff RUSSEL PATTON (“Plaintiff”) and Defendant FINANCIAL BUSINESS
AND CONSUMER SOLUTIONS, INC. a/k/a FBCS (“Defendant”), by and
through their counsel of record, hereby stipulate as follows:
1. Plaintiff propounded written discovery requests upon Defendant and
provided Defendant with a Notice of Deposition for Defendant’s Person
Most Knowledgeable (“PMK Depo”);
2. Defendant responded to Plaintiff’s written discovery;
3. Defendant’s PMK Depo is currently scheduled for April 26, 2017 in
Pennsylvania;
4. Defendant filed a Motion for Summary Judgment (“MSJ”) on March 14,
2017 [Dkt. No. 14];
5. Plaintiff’s Response to Defendant’s MSJ is currently due on April 4, 2017;
6. Plaintiff believes that Defendant’s responses to Plaintiff’s written discovery
requests have unveiled additional claims against Defendant, and Plaintiff is
seeking leave to amend the Complaint to add the additional allegations
(“Motion for Leave”);
7. The current deadline for Amending the Complaint is set for April 20, 2017;
8. Defendant did not agree to a Stipulation to Amend the Complaint;
9. However, Plaintiff and Defendant have agreed to stay discovery, depositions,
and all pending deadlines surrounding Defendant’s MSJ in light of
Plaintiff’s Motion for Leave to Amend the Complaint;
10. Should Plaintiff’s Motion for Leave be granted, Defendant will withdraw
its Motion for Summary Judgment;
11. Should Plaintiff’s Motion for Leave be denied, Plaintiff will have 14 days
from the date the Motion for Leave is denied to respond (“Response”) to
Defendant’s MSJ, and Defendant will have 14 days from the date of
Plaintiff’s Response to file a Reply to Plaintiff’s Response;
S TIPULATION

12. Should Plaintiff fail to file a Motion for Leave to Amend Complaint by
April 20, 2017, Plaintiff shall have until May 4, 2017 to file Plaintiff’s
Response to Defendant’s MSJ.
13. Upon the judgment of this Court on the Motion for Leave to Amend
Complaint, Plaintiff will re-notice the Deposition for Defendant’s PMK
Depo.
14. The discovery cutoff is currently set for July 19, 2017;
15. This is the first such request to stay discovery and is sought in good faith
by the parties to minimize resources and time spent and not for the purpose
of delay.
Date: March 27, 2017
SPARTAN LAW

MORRIS, POLICH & PURDY
(with permission)

/s/ Danny J. Horen
Danny Horen, Esq.
7854 W. Sahara Avenue
Las Vegas, NV 89117
702.625.1539
Email [e-mail]
Attorney for Plaintiff

/s/ Matthew R. Carlyon
Matthew R. Carlyon, Esq.
3800 Howard Hughes Pkwy
Ste. 500
Las Vegas, NV 89169
Email: [e-mail]
Attorneys for FBCS

IT IS SO ORDERED:
______________________________________
U.S. MAGISTRATE JUDGE
4/3/2017
DATED:___________________________

S TIPULATION