Ashcraft v. Welk Resort Group, Corp. et al

Filing 29

ORDER:Based on the parties' stipulation 28 , this court's powers under FRCP 1, and good cause appearing, IT IS HEREBY ORDERED that the stipulation 28 is GRANTED in part; ALL DEADLINES ARE STAYED until July 14, 2017, to permit the partie s to work out their deposition issues identified in the stipulation; Plaintiff's Motion for Leave to File First Amended Complaint 24 is DENIED without prejudice to its refiling by July 14, 2017. Signed by Judge Jennifer A. Dorsey on 6/22/2017. (Copies have been distributed pursuant to the NEF - DC)

Case 2:16-cv-02978-JAD-NJK Document 28 Filed 06/22/17 Page 1 of 3

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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]

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Sean N. Payne
Nevada Bar No. 13216
PAYNE LAW FIRM LLC
9550 S. Eastern Ave. Suite 253-A213
Las Vegas, NV 89123
702-952-2733
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOHN E. ASHCRAFT,
Plaintiff,

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v.
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NAYLOR & BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
[phone]

WELK RESORT GROUP, CORP. and
EXPERIAN INFORMATION SOLUTIONS,
INC.,
Defendants.

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Case No. 2:16-cv-2978-JAD-NJK
STIPULATION TO STAY RULING ON
MOTION FOR LEAVE TO AMEND AND
OTHER MATTERS
[FIRST REQUEST]

ECF Nos. 24, 28

COMES NOW Plaintiff John Ashcraft (“Plaintiff”) and Defendant Experian Information
Solutions, Inc. (“Experian”), by and through their undersigned counsel of record, hereby

Case 2:16-cv-02978-JAD-NJK Document 28 Filed 06/22/17 Page 2 of 3

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stipulate and agree as follows:

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On May 3, 2017, Plaintiff took the 30(b)(6) deposition of Experian.

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On May 9, 2017, and based in large part on Experian’s 30(b)(6) testimony,

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Plaintiff moved for leave to amend his Complaint to add class allegations against

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Experian under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and NRS

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598C. ECF Dkt. 24.

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3.

On May 23, 2017, Experian filed its response to the motion. ECF Dkt. 25.

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4.

On May 30, 2017, Plaintiff filed his reply in support of the motion. ECF Dkt. 26.

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5.

On June 14, 2017, Experian submitted a list of proposed changes to the deposition

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testimony, as well as a list of confidential designations to the transcript itself. See

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Exhibit 1. In that letter, Experian stated that because the revisions to the 30(b)(6)

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testimony obviated a fact relied on in support of Plaintiff’s motion, Experian

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invited Plaintiff to withdraw the pending motion to dismiss and offered

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Experian’s witness for re-deposition, as well as to extend all relevant case

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deadlines.1

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6.

On June 17, 2017, Plaintiff submitted a letter to Experian’s counsel, outlining

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concerns with the revisions to Experian’s 30(b)(6) testimony, the confidential

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designations made to the transcript, and other discovery-related matters. Exhibit

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2. Therein, among other things, Plaintiff’s counsel indicated that he might be

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moving to strike many of the revisions to the deposition testimony. Id.

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7.

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The parties have agreed to meet and confer on several of the issues outlined in his
June 17, 2017 letter on Monday, June 26, 2017.

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In the interim, the parties agree that until they are able to meet and confer on

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matters related to Experian’s June 14, 2017 discovery letter and either agree to

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resolve them among themselves or or seek judicial guidance on the same, they do

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Plaintiff believes that the revisions implicate his proposed class claim under the FCRA,
but not his proposed class claim under NRS 598C.

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NAYLOR & BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
[phone]

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Case 2:16-cv-02978-JAD-NJK Document 28 Filed 06/22/17 Page 3 of 3

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not wish to burden the Court’s resources with adjudication of the motion for leave

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to amend.

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Therefore, the parties request that a ruling on the motion, as well as all relevant

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case deadlines, be stayed until such time as the instant dispute regarding the

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revised deposition testimony is reached.

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If the parties are able to reach a resolution regarding these matters without Court

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involvement, the parties will submit a stipulation informing the Court to that

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effect and proposing a timetable for remaining case deadlines.

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Good cause exists to grant the stay, because judicial economy is served by staying

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the motion and conserving judicial resources while the parties attempt to resolve

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this issue among themselves prior to asking the Court to adjudicate the motion.

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Dated: June 22, 2017

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NAYLOR & BRASTER

KNEPPER & CLARK LLC

By: /s/ Andrew J. Sharples
Jennifer L. Braster
Nevada Bar No. 9982
Andrew J. Sharples
Nevada Bar No. 12866
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145

By: /s/ Miles N. Clark
Matthew I. Knepper (NBN 12796)
Miles N. Clark (NBN 13848)
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129

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Attorneys for Defendant Experian
Information Solutions, Inc.

David H. Krieger (NBN 9086)
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
Sean N. Payne (NBN 13216)
PAYNE LAW FIRM LLC
9550 S. Eastern Ave., Suite 253-A213
Las Vegas, NV 89123
Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED.
Based on the parties’ stipulation [ECF No. 28], this court’s powers under FRCP 1,

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NAYLOR & BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
[phone]

and good cause appearing, IT IS HEREBY ORDERED that the stipulation [ECF No. 28] is
Dated: __________, _____
UNITED STATES MAGISTRATE JUDGE
GRANTED in part; ALL DEADLINES ARE STAYED until July 14, 2017, to permit
the parties to work out their deposition issues identified in the stipulation; Plaintiff’s
Motion for Leave to File First Amended Complaint [ECF No. 24] is DENIED without
prejudice to its refiling by July 14, 2017.
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__________________________________
U.S. District Judge Jennifer Dorsey
6-22-17