Cabebe v. Equifax Information Services, LLC

Filing 116

ORDER granting 115 Stipulation to Extend 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 4/12/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02866-RFB-NJK Document 115 Filed 04/12/18 Page 1 of 5

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Bradley T. Austin
Nevada Bar No. 13064
Snell & Wilmer L.L.P.
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, GA 30309-3521
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Equifax
Information Services, LLC

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Case No. 2:16-cv-02866-RFB-NJK

SHARON BARNUM, JERRY P. CABEBE,
ROBERT SUSTRIK, and all similarly situated
individuals,

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STIPULATION TO EXTEND
DISCOVERY DEADLINES

Plaintiffs,

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[FOURTH REQUEST]

vs.
EQUIFAX INFORMATION SERVICES, LLC,

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Defendant.

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Pursuant to Fed. R. Civ. P. 26(f), and Local Rule 26-1, Plaintiffs SHARON BARNUM and

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ROBERT SUSTRIK (“Plaintiffs”), Defendant EQUIFAX INFORMATION SERVICES, LLC

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(“Equifax”); (together with Plaintiff, the “Parties”), by and through their attorneys, hereby

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stipulate to extend discovery deadlines and other deadlines in the February 16, 2018 Scheduling

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Order as follows:

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Case 2:16-cv-02866-RFB-NJK Document 115 Filed 04/12/18 Page 2 of 5

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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 fourth stipulation to extend discovery deadlines. The stipulation is filed in good
faith and is not intended to cause delay.
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

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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3. Between May 30, 2017 and October 20, 2017, the Parties engaged in extensive

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discovery, including exchanging written discovery responses, producing documents, and

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taking depositions of Plaintiffs.

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4. On October 20, 2017, the Court granted a 60-day extension of discovery, setting the close
of discovery at January 8, 2018.

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5. Between October 20, 2017 and the present, Plaintiffs deposed two Rule 30(b)(6)

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witnesses of Equifax and served additional written discovery, to which Equifax timely

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responded. The Parties also engaged in extensive discussions regarding outstanding

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discovery issues.

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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.
8. On February 16, 2018 the Court entered a Scheduling Order4 setting certain deadlines,
inter alia, Initial Expert Disclosures and Interim Status Report to be due April 23, 2018.

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ECF Nos. 19 & 21, respectively.
ECF Dkt. No. 10 at 2.
ECF Dkt. No. 31 (entering Stipulation to Extend, ECF. No 30).
ECF Dkt. No. 103.
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Case 2:16-cv-02866-RFB-NJK Document 115 Filed 04/12/18 Page 3 of 5

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9. On March 9, 2018, the Court issued an Order on the Joint Statement.

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10. On March 13, 2018, Plaintiffs served Equifax with their First Supplemental Requests for

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Admission and Second Supplemental Interrogatories and Requests for Production.

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11. The parties stipulate that Equifax may have a one-week extension to respond to

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Plaintiffs’ First Supplemental Requests for Admission and Second Supplemental

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Interrogatories and Requests for Production, to be due on April 19, 2018.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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12. The parties stipulate to a one-week extension on the deadline for Initial Expert
Disclosures and Interim Status Report to April 30, 2018.
13. All other deadlines in the February 16, 2018 Scheduling Order would remain unchanged.
3. Remaining Discovery.
The Parties are requesting the extension on the above deadlines in order to gather
additional information necessary for the case.
4. Reason Why Discovery Has Not Been Completed.
Fact discovery does not end until June 22, 2018 and is therefore ongoing.
5. Current Discovery Deadlines.

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Discovery Cutoff: June 22, 2018

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Initial Expert Disclosures and Interim Status Report: April 23, 2018

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Rebuttal Expert Disclosures: May 23, 2018

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Dispositive Motions and Motion for Class Certification and Appointment of Class

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Counsel: on or before July 23, 2018.

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Joint Proposed Pretrial Order: August 21, 2018

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Responses to Dispositive Motions and Motion for Class Certification and Appointment

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of Class Counsel: on or before August 21, 2018

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Replies in Support of Dispositive Motions and Motion for Class Certification and

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Appointment of Class Counsel: on or before September 21, 2018

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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;
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Case 2:16-cv-02866-RFB-NJK Document 115 Filed 04/12/18 Page 4 of 5

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NOW, THEREFORE, in consideration of the foregoing, and for good cause, IT IS

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HEREBY STIPULATED AND AGREED, by and between the Parties as follows:

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The February 16, 2018 Scheduling Order shall be amended as follows:

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Discovery Cutoff: June 22, 2018

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o Equifax’s Responses and Objections to Plaintiffs’ First Supplemental

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Requests for Admission and Second Supplement Interrogatories and Requests

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for Production: April 19, 2018

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Initial Expert Disclosures and Interim Status Report: April 30, 2018

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Rebuttal Expert Disclosures: May 23, 2018

Snell & Wilmer

Dispositive Motions and Motion for Class Certification and Appointment of Class

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Counsel: on or before July 23, 2018

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Joint Proposed Pretrial Order: August 21, 2018

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Responses to Dispositive Motions and Motion for Class Certification and Appointment

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of Class Counsel: on or before August 21, 2018

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Replies in Support of Dispositive Motions and Motion for Class Certification and

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Appointment of Class Counsel: on or before September 21, 2018

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IT IS SO STIPULATED.

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Respectfully submitted, this 12th day of April, 2018.

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/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]

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/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]

Case 2:16-cv-02866-RFB-NJK Document 115 Filed 04/12/18 Page 5 of 5

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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

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]

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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]

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Attorneys for Defendant Equifax Information
Services, LLC

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ORDER GRANTING STIPULATION TO EXTEND DISCOVERY DEADLINES
IT IS SO ORDERED:

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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April 12, 2018
DATED: _________________

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4830-0697-6073.1

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