Cabebe v. Equifax Information Services, LLC

Filing 103

ORDER Granting 102 Stipulation re Discovery Deadlines. Discovery due by 6/22/2018. Motions due by 7/23/2018. Proposed Joint Pretrial Order due by 8/21/2018. Signed by Magistrate Judge Nancy J. Koppe on 2/16/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02866-RFB-NJK Document 102 Filed 02/15/18 Page 1 of 5
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
SHARON BARNUM, JERRY P. CABEBE,
ROBERT SUSTRIK, and all similarly
situated individuals,

Case No. 2:16-cv-02866-RFB-NJK
STIPULATION TO EXTEND
DISCOVERY DEADLINES

Plaintiffs,
vs

[THIRD REQUEST]
EQUIFAX INFORMATION SERVICES,
LLC,
Defendant.
Pursuant to Fed. R. Civ. P. 26(f), and Local Rule 26-1, Plaintiffs SHARON BARNUM
and ROBERT SUSTRIK (“Plaintiffs”), Defendant EQUIFAX INFORMATION SERVICES,
LLC (“Equifax”); (together with Plaintiff, the “Parties”), by and through their attorneys, hereby
stipulate to stay discovery and to extend discovery deadlines and other deadlines in the December 21, 2017 Scheduling Order as follows:

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Case 2:16-cv-02866-RFB-NJK Document 102 Filed 02/15/18 Page 2 of 5

1. Initial Disclosures.
The parties do not propose any changes to the form of disclosures required pursuant to
Federal Rule 26(a). The Parties already served their initial disclosures.
2. Completed Discovery.
This is the third stipulation to continue the class certification briefing schedule. The
stipulation is filed in good faith and is not intended to cause delay.
1. 1. On February 28, 2017, the Court entered its Initial Scheduling Order and Protective
Order. 1 The Scheduling Order set discovery to close on August 7, 2017. 2
2. On May 22, 2017, the Court granted the parties first stipulation to extend discovery 90
days. 3
3. Between May 30, 2017 and October 20, 2017, the Parties engaged in extensive
discovery, including exchanging written discovery responses, producing documents, and
taking depositions of Plaintiffs.
4. On October 20, 2017, the Court granted a 60-day extension of discovery, setting the
current close of discovery at January 8, 2018.
5. Between October 20, 2017 and the present, Plaintiffs deposed two Rule 30(b)(6)
witnesses of Equifax and served additional written discovery, to which Equifax timely
responded. The Parties also engaged in extensive discussions regarding outstanding
discovery issues.
6. On December 21, 2017, the Court entered a Scheduling Order setting discovery to close
on April 23, 2018.
7. On January 19, 2018, in accordance with the Court’s instructions, the Parties filed a Joint
Statement, which is currently pending before the Court.

///
1

ECF Nos. 19 & 21, respectively.
ECF Dkt. No. 10 at 2.
3
ECF Dkt. No. 31 (entering Stipulation to Extend, ECF. No 30).
2

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Case 2:16-cv-02866-RFB-NJK Document 102 Filed 02/15/18 Page 3 of 5

3. Remaining Discovery.
The Parties are requesting this discovery stay and extension of the discovery deadline to
provide time for any remaining fact discovery following the Court’s decision on the pending
Joint Statement.
4. Reason Why Discovery Has Not Been Completed.
The Parties are holding on any additional fact discovery in order to avoid incurring any
unnecessary fees and costs that may be obviated pursuant to the Court’s forthcoming order on
the Joint Statement.
5. Current Discovery Deadlines.
Discovery Cutoff: April 23, 2018
Initial Expert Disclosures and Interim Status Report: February 23, 2018
Rebuttal Expert Disclosures: March 23, 2018
Dispositive Motions and Motion for Class Certification and Appointment of Class
Counsel: on or before May 23, 2018
Responses to Dispositive Motions and Motion for Class Certification and Appointment
of Class Counsel: on or before June 22, 2018
Replies in Support of Dispositive Motions and Motion for Class Certification and
Appointment of Class Counsel: on or before July 23, 2018
Joint Proposed Pretrial Order: June 22, 2018
6. Proposed Discovery Deadlines.
WHEREAS, no prejudice will occur to this Court or the Parties if granted, good cause
supports this request to extend discovery;
NOW, THEREFORE, in consideration of the foregoing, and for good cause, IT IS
HEREBY STIPULATED AND AGREED, by and between the Parties as follows:
The December 21, 2017 Scheduling Order shall be amended as follows:
Discovery shall be stayed for 60 days or until the Court issues an order regarding the
pending Joint Statement, whichever occurs first.

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Case 2:16-cv-02866-RFB-NJK Document 102 Filed 02/15/18 Page 4 of 5

Discovery Cutoff: June 22, 2018
Initial Expert Disclosures and Interim Status Report: April 23, 2018
Rebuttal Expert Disclosures: May 23, 2018
Dispositive Motions and Motion for Class Certification and Appointment of Class
Counsel: on or before July 23, 2018.
Joint Proposed Pretrial Order: August 21, 2018
Responses to Dispositive Motions and Motion for Class Certification and Appointment
of Class Counsel: on or before August 21, 2018
Replies in Support of Dispositive Motions and Motion for Class Certification and
Appointment of Class Counsel: on or before September 21, 2018
IT IS SO STIPULATED.
Dated this 15th day of February, 2018.
/s/ Matthew I. Knepper
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK, LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Email:[e-mail]
Email: [e-mail]
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
Email: [e-mail]
Attorneys for Plaintiffs

/s/ Bradley T. Austin
Bradley T. Austin, Esq.
Nevada Bar No. 13064
SNELL & WILMER, LLP
3883 Howard Hughes Pkwy, Suite 1100
Las Vegas, NV 89169
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Zachary A. McEntyre (admitted pro hac vice)
Misty L. Peterson (admitted pro hac vice)
KING & SPALDING LLP
1180 Peachtree Street N.E.
Atlanta, Georgia 30309-3521
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Bryan E. Zubay (admitted pro hac vice)
KING & SPALDING LLP
1100 Louisiana Street, Suite 4000
Houston, Texas 77002-5213
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant Equifax Information Services,
LLC

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Case 2:16-cv-02866-RFB-NJK Document 102 Filed 02/15/18 Page 5 of 5

ORDER GRANTING STIPULATION TO EXTEND DISCOVERY DEADLINES
IT IS SO ORDERED:
____________________________________
UNITED STATES MAGISTRATE JUDGE
February 16, 2018
DATED: _________________

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