Ishikawa v. USAA Federal Savings Bank, National Association et al

Filing 17

ORDER Granting 12 Amended Stipulated Proposed Discovery Plan/Scheduling Order. Discovery due by 8/21/2017. Motions due by 9/19/2017. Proposed Joint Pretrial Order due by 10/19/2017. Signed by Magistrate Judge Peggy A. Leen on 5/18/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:17-cv-00094-JAD-PAL Document 12 Filed 05/08/17 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 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: (702) 825-6060 FAX: (702) 447-8048 Email: Email: David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Henderson, NV 89123 Phone: (702) 880-5554 FAX: (702) 385-5518 Email: Attorneys for Plaintiff 14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 15 16 SUZANNE D. ISHIKAWA, 17 18 19 20 21 22 23 24 25 Plaintiff, v. USAA FEDERAL SAVINGS BANK, NATIONAL ASSOCIATION; EXPERIAN INFORMATION SOLUTIONS, INC., Defendants. : : : : : : : : : : : : : Case No. 2:17-cv-00094-JAD-PAL [PROPOSED] STIPULATED AMENDED DISCOVERY PLAN AND SCHEDULING ORDER SUBMITTED IN COMPLIANCE WITH LR 26-1(b) 26 27 28 In accordance with this Court’s Scheduling Order [ECF Dkt. 39], on April 28, 2017, the parties met and conferred pursuant Rule 26(f). IT IS HEREBY STIPULATED by and between Case 2:17-cv-00094-JAD-PAL Document 12 Filed 05/08/17 Page 2 of 5 1 Plaintiff SUZANNE D. ISHIKAWA (“Plaintiff”), and Defendant EXPERIAN INFORMATION 2 SOLUTIONS, INC., (“Experian”), by and through their counsel of record, hereby submit their 3 stipulated Amended Discovery Plan and Scheduling Order pursuant to Federal Rule of Civil 4 Procedure 16 and 26, as well as LR II 16-1 and 26-1. It is hereby requested that the Court enter 5 6 the following discovery plan and scheduling order: 7 1. Discovery Plan: 8 Discovery Cut-Off 10 Deadline to Amend Pleadings 11 Deadline to Disclose Initial Expert Disclosures 8/21/2017 (180 days from the date Experian Information Solutions, Inc., filed its Answer, 2/21/2017) 5/22/2017 (90 days prior to the close of discovery) 6/21/2017 (60 days prior to the close of discovery) Deadline to Disclose Rebuttal Expert Disclosures 7/21/2017 (30 days after the Initial Disclosure of Experts) Deadline to File Dispositive Motions 9/19/2017 (30 days after the close of discovery) 9 12 13 14 15 16 2. Interim Status Report: The parties shall file the interim status report required by 17 18 19 LR 26-3 no later than 6/21/2017 or sixty-one (60) days prior to the close of discovery. 3. Pre-Trial Order: The parties shall file a joint pretrial order no later than 20 10/19/2017 or thirty (30) days after the date set for filing dispositive motions. In the event that 21 parties file dispositive motions, the date for filing the joint pretrial order shall be suspended until 22 thirty (30) days after decision on the dispositive motions or further order of the Court. The 23 24 25 26 27 28 disclosure required by Federal Rule of Civil Procedure 26(a)(3) and objections thereto shall be made in the pre-trial order. Case 2:17-cv-00094-JAD-PAL Document 12 Filed 05/08/17 Page 3 of 5 1 2 3 4. Initial Disclosures: The parties’ initial disclosures shall be served on or before 5/12/2017. Any party seeking damages shall comply Federal Rules of Civil Procedure 26(a)(1)(A)(iii). 4 5. Extension of Discovery Deadline: Requests to extend the discovery shall comply 5 6 fully with LR 26-4. Applications to extend any date set by the discovery plan, scheduling order, 7 or other order must, in addition to satisfying the requirements of LR IA 6-1, be supported by a 8 showing of good cause for the extension. 9 10 The motion or stipulation shall include: a. A statement specifying the discovery completed by the parties as of the date of the 11 motion or stipulation; 12 13 b. A specific description of the discovery which remains to be completed; 14 c. The reasons why such remaining discovery was not completed within the time 15 16 limit of the existing discovery deadline; and, d. A proposed schedule for the completion of all remaining discovery. 17 18 It is not good cause for a later request to extend discovery that the parties informally 19 postponed discovery. Any stipulation that would interfere with any time set for completion of 20 discovery, for hearing of a motion, or for trial, may be made only with approval of the Court. 21 22 6. Electronically Stored Information (“ESI”): The Parties stipulate and agree that all discoverable documents will be produced on CD- 23 24 ROM in Portable Document Format (“PDF”) with optical text recognition (electronically 25 searchable text) as reasonably practicable. The Parties further agreed that the “parent-child 26 relationships” between documents will be preserved when documents are produced (e.g., e-mails 27 28 Case 2:17-cv-00094-JAD-PAL Document 12 Filed 05/08/17 Page 4 of 5 1 and their attachments will be produced together with consecutive bates numbers) as reasonably 2 practicable. 3 While the Parties agree at this time that it is not necessary to produce the metadata for 4 electronic documents, the Parties reserve their respective rights to request such information 5 6 7 should any Party deem it necessary. This agreement determines only the format in which the Parties produce documents; it does not affect any other right of any Party. 8 9 7. LR II 26-1(b) CERTIFICATIONS: The parties certify that they considered consenting to trial by a magistrate judge and use of the Short Trial Program. The parties further 10 certify that they met and conferred about the possibility of using alternative dispute resolution 11 12 processes including, mediation, arbitration, and early neutral evaluation. 8. 13 Electronic Service. The Parties agree to accept electronic service of discovery 14 requests and responses pursuant to Federal Rule of Civil Procedure 5(b)(2)(E). The parties 15 discussed whether they intend to present evidence in electronic format to jurors for the purpose 16 of jury deliberations and agreed that should discovery be provided in an electronic format at trial, 17 18 19 it will be compatible with the court’s electronic jury evidence display system pursuant to LR II 26-1(b)(9). 20 21 22 9. Protective Orders. Any party may seek to enter into a stipulated protective order pursuant to Federal Rule of Civil Procedure 26(c) prior to producing any confidential documents in its possession. A proposed stipulated protective order has been circulated by Plaintiff prior to 23 the discovery conference, has been agreed to by the parties, and will be filed shortly after filing 24 of this proposed discovery plan. 25 26 27 28 /// /// /// Case 2:17-cv-00094-JAD-PAL Document 12 Filed 05/08/17 Page 5 of 5 1 2 3 4 5 6 7 IT IS SO STIPULATED. Dated: May 8, 2017 /s/ Matthew I. Knepper, Esq. Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC Email: Email: /s/ Jennifer Braster, Esq. Jennifer L. Braster, Esq. Nevada Bar No. 9982 NAYLOR & BRASTER Counsel for Experian Information Solutions, Inc. 8 9 10 David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC Email: 11 12 13 14 15 16 Counsel for Plaintiff SCHEDULING ORDER The above-set stipulated Amended Discovery Plan of the parties shall be the Scheduling Order for this action pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16-1. IT IS SO ORDERED 17 18 19 20 21 22 23 24 25 26 27 28 ________________________________________ United States Magistrate Judge May 18, 2017 Dated: ________________

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