Cabebe v. Equifax Information Services, LLC

Filing 137

ORDER granting 135 Stipulation. Motions due by 8/6/2018. Signed by Magistrate Judge Nancy J. Koppe on 7/12/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02866-RFB-NJK Document 135 Filed 07/11/18 Page 1 of 4

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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
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SHARON BARNUM and ROBERT SUSTRIK,
and all similarly situated individuals,

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

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vs.

STIPULATION AND ORDER TO
EXTEND BRIEFING SCHEDULE ON
DISPOSITIVE MOTIONS AND MOTION
FOR CLASS CERTIFICATION

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EQUIFAX INFORMATION SERVICES, LLC,

(SIXTH REQUEST)

Plaintiffs,

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Defendant.

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Plaintiffs Sharon Barnum and Robert Sustrik (“Plaintiffs”) and Defendant Equifax
Information Services, LLC (“Equifax”) have agreed and stipulated to the following:
1.

The current deadline for filing dispositive motions and a motion for class

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certification (the “Motions Deadline”) is July 23, 2018.

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Deadlines [Dkt. 117]; Order [Dkt. 118].)

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2.

(See Fifth Stip. to Extend Disc.

On June 22, 2018, Equifax served Plaintiff with data it obtained from third-party

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Fidelity National Card Services, Inc. (the “FIS Production”). As detailed in the briefing on

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Plaintiffs’ Emergency Motion to Compel and for Sanctions (the “Emergency Motion”) [Dkts. 121,
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Case 2:16-cv-02866-RFB-NJK Document 135 Filed 07/11/18 Page 2 of 4

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122, 128, 129, 132], Plaintiffs raised objections to the propriety of the FIS Production and sought

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various information from Equifax pertaining to the FIS Production.

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exchanged numerous emails and ultimately conducted a Rule 26-7 conference on Friday, June 29,

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2018.

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conference.

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The parties thereafter

Both parties devoted significant time to preparing for and attending the Rule 26-7

3.

The conference was unsuccessful in resolving Plaintiffs’ objections to the FIS

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Production and request for information, and Plaintiffs informed Equifax that they would therefore

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file their Emergency Motion.

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4.

Recognizing that the Emergency Motion would require significant—and

Snell & Wilmer

immediate—attention from both parties, the parties agreed to a stay of the Motions Deadline

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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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pending resolution of the Emergency Motion and thus filed, on July 2, 2018, their Stipulation

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[Dkt. 119] for such a stay.

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5.

On July 5, 2018, the Court denied the stay requested in the Stipulation, without

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prejudice, because Plaintiffs had not yet actually filed their Emergency Motion. (See Order Dkt.

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120 (emphasis added) (“The Court does not grant such relief based on hypothetical filings.”).)

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6.

On the afternoon of Friday, July 6, 2018, Plaintiffs filed their Emergency Motion.

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7.

Equifax immediately began preparing its response to the Emergency Motion,

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which it filed on the morning of Monday, July 9, 2018 [Dkt. 128].
8.

On July 10, 2018, Plaintiffs filed their reply in support of the Emergency Motion

[Dkt. 132].

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9.

On the same day—July 10, 2018—the Court denied the Emergency Motion.

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10.

Addressing the dispute over the FIS Production required significant time and

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attention from the parties (beginning on Monday, June 25 and extending through the course of the

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July Fourth holiday, through yesterday) that necessarily could not be devoted to dispositive and

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class-certification motions. The parties agree that they both will be prejudiced if the Motions

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Deadline is not extended slightly to account for this lost time.

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11.

Accordingly, the parties respectfully request that the Court extend the Motions

Deadline and related deadlines by two weeks, as follows:
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Case 2:16-cv-02866-RFB-NJK Document 135 Filed 07/11/18 Page 3 of 4

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Event
Dispositive Motions and Motion
for Class Certification and
Appointment of Class
Counsel
Responses to Dispositive Motions
and Motion for Class Certification
and Appointment
of Class Counsel
Replies in Support of Dispositive
Motions and Motion for Class
Certification and Appointment of
Class Counsel

Old Deadline
July 23, 2018

New Deadline
August 6, 2018

August 21, 2018

September 4, 2018

September 21, 2018 October 5, 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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IT IS SO STIPULATED.
Dated: July 11, 2018
/s/ Matthew Knepper
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
Email: [e-mail]
Email: [e-mail]

/s/ Bradley Austin
Misty L. Peterson, Esq.
Zachary A. McEntyre, Esq.
KING & SPALDING LLP
1180 Peachtree Street NE
Atlanta, GA 30309
Email: [e-mail]
Email: [e-mail]

David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
Email: [e-mail]

Bryan Zubay, Esq.
KING & SPALDING LLP
1100 Louisiana, Ste. 4000
Houston, TX 77002
Email: [e-mail]

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Counsel for Plaintiff

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Bradley T. Austin, Esq.
Nevada State Bar No. 13064
SNELL & WILMER, LLP
3883 Howard Hughes Pkwy., Ste. 1100
Las Vegas, NV 89169
Email: [e-mail]

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Counsel for Equifax Information
Services, LLC

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Case 2:16-cv-02866-RFB-NJK Document 135 Filed 07/11/18 Page 4 of 4

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Cabebe v. Equifax Information Services, LLC
Case No. 2:16-cv-02866-RFB-NJK
STIPULATION AND ORDER TO EXTEND
BRIEFING SCHEDULE ON DISPOSITIVE
MOTIONS AND MOTION FOR
CLASS CERTIFICATION

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ORDER

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IT IS SO ORDERED

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Dated: July 12, 2018
Nancy J. Koppe
DATED this ____ day of _________ 2018.
United States Magistrate Judge

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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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4822-5192-1005.1

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