GVCL Ventures, Inc. v. GoPetFriendly.com, LLC

Filing 68

ORDER granting 67 Stipulation; Discovery due by 9/10/2018. Motions due by 10/9/2018. Proposed Joint Pretrial Order due by 11/6/2018. Signed by Magistrate Judge Cam Ferenbach on 5/4/2018. (Copies have been distributed pursuant to the NEF - JM)

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10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

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Marquis Aurbach Coffing
Terry A. Coffing, Esq.
Nevada Bar No. 4949
Chad F. Clement, Esq.
Nevada Bar No. 12192
Kathleen A. Wilde, Esq.
Nevada Bar No. 12522
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Law Offices of Philip A. Kantor, P.C.
Philip A. Kantor, Esq.
Nevada Bar No. 6701
1781 Village Center Circle, Suite 120
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for GoPetFriendly.com, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
GVCL VENTURES, INC., a corporation,
Case Number: 2:16-cv-02892

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Plaintiff,
vs.
GOPETFRIENDLY.COM, LLC, a limited
liability company; DOES I-X inclusive; and
ROE CORPORATIONS XX-XXX, inclusive,

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STIPULATION AND ORDER TO
EXTEND DISCOVERY AND CASE
SCHEDULING DEADLINES
(FIRST REQUEST)

Defendants,

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GOPETFRIENDLY.COM, LLC, a limited
liability company,

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Counterclaim-plaintiff,
v.
GVCL VENTURES, INC., a Delaware
corporation; REGISTERED EXPRESS
CORPORATION, a Nevada corporation;
REGISTERED EXPRESS
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INTERNATIONAL CORPORATION, a
Nevada corporation; PROACTIVE PET
PRODUCTS, INC., a Nevada corporation;
DIGITAL AIRO, INC., a Nevada
corporation; JOHN TAYLOR, an individual;
MIKE DILLON, an individual; GERALD
NEZIOL, an individual; DOES I-X, inclusive;
and ROE CORPORATIONS I-X, inclusive,

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Counterclaim-defendants.
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Pursuant to Local Rule 26-4, plaintiff and counterclaim-defendant GVCL Ventures, Inc.
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(“GVCL”) and counterclaim-defendant Gerald Neziol (“Neziol”), through their counsel of
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record, the Law Office of Shawn Perez, and defendant and counterclaim-plaintiff
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GoPetFriendly.com, LLC (“GoPetFriendly”), through its counsel of record, the law firm of
Marquis Aurbach Coffing, respectfully submit the following Stipulation and Order to Extend
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10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

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Discovery and Case Scheduling Deadlines (First Request). This Stipulation is being entered in
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good faith and not for purposes of delay.
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I.
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DISCOVERY COMPLETED


On January 23, 2018, GoPetFriendly served its initial disclosures;



On February 16, 208, GoPetFriendly issued and served subpoenas on two third
parties, the Law Office of Thomas Cook, Ltd., and the Law Office of Ottie Akers;

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On February 20, 2018, GoPetFriendly served its first request for production of
documents upon GVCL;



On March 15, 2018, GoPetFriendly issued and served subpoenas on two third
parties, Interserver, Inc., and Namecheap; and



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On April 23, 2018, GVCL and Neziol served their initial disclosures.

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II.

DISCOVERY REMAINING


GVCL is in the process of responding to GoPetFriendly’s first set of requests for
production of documents. The parties have agreed that GVCL will provide its
responses by no later than May 7, 2018;



Additional requests for production of documents may be issued depending upon
GVCL’s responses;

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Additional third party subpoenas may be issued;



Party and third party depositions may be taken; and

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

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Any other discovery the parties deem necessary to the claims and defenses in this
case.

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III.

REASONS WHY DEADLINE TO AMEND PLEADINGS OR ADD PARTIES
WAS NOT COMPLETED

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On March 9, GVCL’s and Neziol’s then counsel, Mr. Harold Gewerter, moved to

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withdraw as counsel of record, which was granted on March 28, 2018. ECF Nos. 64-65. Prior to

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that timeframe, GVCL and Neziol had not made their initial disclosures, despite GoPetFriendly’s

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diligent efforts to meet and confer with them to require them to do so. As the motion to

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withdraw was pending, GVCL’s response to GoPetFriendly’s requests for production of

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documents became due.

Despite GoPetFriendly’s counsel diligent efforts to obtain those

responses before Mr. Gewerter withdrew, GVCL did not provide responses to the document

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requests.

12
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

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After Mr. Gewerter withdrew, GVCL’s and Neziol’s current counsel, Mr. Perez appeared

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and requested an extension on the production requests, due to family circumstances and his

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recent retention and appearance in the case, which GoPetFriendly agreed to. Shortly after that,

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Mr. Perez was out of the office for a couple of weeks due to those family circumstances, so he

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and GoPetFriendly’s counsel were unable, until just recently, to solidify the definitive extensions

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of the extended discovery and case scheduling deadlines as set forth herein.

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In accommodating GVCL’s and Neziol’s switching of counsel and Mr. Perez’s family

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circumstances and recent retention, GoPetFriendly has requested, and GVCL and Neziol have

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agreed to, to extend the discovery and case scheduling deadlines, to allow GoPetFriendly

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sufficient time to review and evaluate the documents, and conduct any necessary follow up

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discovery, to determine whether it needs to amend the pleadings or add new parties. GVCL’s

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and Neziol’s very recent initial disclosures also contributed to the need for the extension. Thus,

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good cause and excusable neglect exists to extend the deadline by which to amend the pleadings

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or add new parties, and to correspondingly extend the other discovery and case scheduling

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deadlines.

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IV.

THE PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING
DISCOVERY

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The parties propose the following schedule for completing all remaining discovery and
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case scheduling deadlines:
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The new deadline to amend pleadings or add parties shall be June 18, 2018;

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The new deadline for initial expert disclosures shall be July 16, 2018;

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The new deadline for rebuttal expert disclosures shall be August 13, 2018;

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The new deadline for the close of discovery shall be September 10, 2018;

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The new deadline for dispositive motions shall be October 9, 2018;

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The new deadline for the joint pretrial order shall be November 6, 2018, unless
dispositive motions have been filed, in which case it shall be suspended until 30
days after decision on the dispositive motions or further court order.

IT IS SO STIPULATED.
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10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

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Dated this 2nd day of May, 2018

Dated this 2nd day of May, 2018.

MARQUIS AURBACH COFFING

LAW OFFICE OF SHAWN PEREZ

/s/ Chad F. Clement
Terry A. Coffing, Esq.
Nevada Bar No. 4949
Chad F. Clement, Esq.
Nevada Bar No. 12192
Kathleen A. Wilde, Esq.
Nevada Bar No. 12522
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for GoPetFriendly.com, LLC

/s/ Shawn Perez
Shawn Perez, Esq.
Nevada Bar No. 10421
7121 West Craig Road, Suite 113-38
Las Vegas, Nevada 89129
Attorneys for GVCL Ventures, Inc.
and Gerald Neziol

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IT IS SO ORDERED.
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UNITED STATES MAGISTRATE JUDGE
May
4th
DATED this ___day of ____________, 2018.

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