Cabebe v. Equifax Information Services, LLC

Filing 91

ORDER Granting 90 Motion to Extend Time re 82 Order on Motion to Compel (First Request). See Order for details/deadlines. Signed by Magistrate Judge Nancy J. Koppe on 12/22/2017. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-02866-RFB-NJK Document 90 Filed 12/22/17 Page 1 of 4

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Bradley T. Austin
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, 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
SHARON BARNUM, JERRY P. CABEBE, )
ROBERT SUSTRIK, and all similarly situated ) Case No. 2:16-cv-02866-RFB-NJK
)
individuals,
) [PROPOSED] JOINT NOTICE AND
) MOTION TO EXTEND TIME FOR
Plaintiffs,
)
PARTIES TO SUBMIT ORDER
)
vs.
) PURSUANT TO DOCKET NO. 82
)
EQUIFAX INFORMATION SERVICES, LLC,) (FIRST REQUEST)
)
Defendant.
To further minimize the burden on the judiciary and narrow the issues for consideration
by this Court to those ultimately disputed by the parties after a sufficient meet-and-confer period,
the parties present this Joint Notice and Motion for Continuance of the deadline for the parties to
file their “joint statement regarding each discovery request for which a dispute exists” in
accordance with this Court’s order (Docket No. 82) (“Order”).

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Case 2:16-cv-02866-RFB-NJK Document 90 Filed 12/22/17 Page 2 of 4

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In accordance with the Order, Plaintiffs and Equifax met and conferred via email on

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Tuesday through Thursday, December 19-21, and held a productive telephone conference on

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Thursday. The parties were unable to confer by telephone on Wednesday due to the unavoidable

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travel itinerary of lead counsel for one of the parties.
The parties agreed that developments in two discovery processes will inform the scope of

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the disputed items between the parties for this Court’s consideration, if not meaningfully alter
the nature of those disputes.

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First, the parties are actively working to address Plaintiffs’ concerns regarding the

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Equifax Master Agreement with FIS Card, which Plaintiffs argue “appears to be an incomplete

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document.” Docket No. 75 at 21. They seek “the complete contents of the controlling Master

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Agreement during the Relevant Time period.” Id. Equifax disagrees with the facts as set forth in

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Plaintiffs’ Emergency Motion and disagrees that Plaintiffs were entitled to any of the relief
sought in the Emergency Motion. Equifax has conducted a good-faith, reasonable search for
documents responsive to Plaintiffs’ requests, but it is conducting one final search to
accommodate Plaintiffs’ requests and has offered to produce authenticating declarations
regarding the FIS Master Agreement documents produced to date.
Second, Plaintiffs have served supplemental discovery requests, the responses to which

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Equifax is due to serve by December 29.
The parties agreed it would be premature for this Court to consider and decide the

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discovery disputes at issue before permitting developments in these two areas to run their course.
The parties believe that it would be more constructive for the parties to continue narrowing and
crystallizing the dispute in an effort to make the final joint statement submitted to this Court as

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narrow as possible.

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Case 2:16-cv-02866-RFB-NJK Document 90 Filed 12/22/17 Page 3 of 4

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To that end, the parties propose and stipulate to the following timetable:

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December 29

Deadline for the parties to conclude their meet-andconfer efforts regarding the FIS Master Agreement and
Equifax’s responses to Plaintiffs’ supplemental
discovery requests

January 12

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Equifax’s deadline to serve responses to Plaintiffs’
supplemental discovery requests

January 5

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Deadline for parties to submit joint statement in
accordance with Docket No. 82.

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The parties do not wish to needlessly postpone resolution of the disputed discovery
requests; nor do they wish only to delay their efforts preparing the joint statement in accordance

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with Docket No. 82. The parties agree that while some disputes may only be resolved or altered

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after developments in the two areas above, there are some disputed requests that are unlikely to

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be affected by any developments in the next two weeks. As such, the parties will work diligently

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until January 5 to draft the sections of the joint statement pertaining to disputes that are unlikely
to be meaningfully affected by developments in the next two weeks.
Good cause exists for this extension—namely, to allow the parties additional time to
conduct discovery relevant to disputed items raised in Plaintiffs’ Motion to Compel, Motion for

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Leave to File Supplemental Authority, and Motion to Extend Discovery and Reopen Expert

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Case 2:16-cv-02866-RFB-NJK Document 90 Filed 12/22/17 Page 4 of 4

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Discovery, and in Equifax’s responses to them. Moreover, this extension will give the parties

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time to crystallize and narrow the scope of disputed items to minimize the burden on this Court

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and target this Court’s intervention to intractable disputed issues.

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Respectfully submitted this 22nd day of December, 2017.

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/s/ Matthew I. Knepper
Matthew I. Knepper
Miles N. Clark
KNEPPER & CLARK, LLC
10040 W. Cheyenne Ave.
Suite 170-109
Las Vegas, NV 89129
Email: [e-mail]
Email: [e-mail]
David H. Krieger
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
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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IT IS SO ORDERED:

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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December 22, 2017
DATED: _________________

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