Ishikawa v. USAA Federal Savings Bank, National Association et al
Filing
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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)
Case 2:17-cv-00094-JAD-PAL Document 12 Filed 05/08/17 Page 1 of 5
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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: (702) 825-6060
FAX: (702) 447-8048
Email: matthew.knepper@knepperclark.com
Email: miles.clark@knepperclark.com
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: dkrieger@hainesandkrieger.com
Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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SUZANNE D. ISHIKAWA,
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Plaintiff,
v.
USAA FEDERAL SAVINGS BANK,
NATIONAL ASSOCIATION; EXPERIAN
INFORMATION SOLUTIONS, INC.,
Defendants.
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Case No. 2:17-cv-00094-JAD-PAL
[PROPOSED] STIPULATED AMENDED
DISCOVERY PLAN AND SCHEDULING
ORDER
SUBMITTED IN COMPLIANCE WITH LR 26-1(b)
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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
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Plaintiff SUZANNE D. ISHIKAWA (“Plaintiff”), and Defendant EXPERIAN INFORMATION
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SOLUTIONS, INC., (“Experian”), by and through their counsel of record, hereby submit their
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stipulated Amended Discovery Plan and Scheduling Order pursuant to Federal Rule of Civil
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Procedure 16 and 26, as well as LR II 16-1 and 26-1. It is hereby requested that the Court enter
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the following discovery plan and scheduling order:
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1.
Discovery Plan:
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Discovery Cut-Off
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Deadline to Amend Pleadings
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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)
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2.
Interim Status Report: The parties shall file the interim status report required by
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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
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10/19/2017 or thirty (30) days after the date set for filing dispositive motions. In the event that
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parties file dispositive motions, the date for filing the joint pretrial order shall be suspended until
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thirty (30) days after decision on the dispositive motions or further order of the Court. The
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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
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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).
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5.
Extension of Discovery Deadline: Requests to extend the discovery shall comply
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fully with LR 26-4. Applications to extend any date set by the discovery plan, scheduling order,
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or other order must, in addition to satisfying the requirements of LR IA 6-1, be supported by a
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showing of good cause for the extension.
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The motion or stipulation shall include:
a.
A statement specifying the discovery completed by the parties as of the date of the
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motion or stipulation;
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b.
A specific description of the discovery which remains to be completed;
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c.
The reasons why such remaining discovery was not completed within the time
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limit of the existing discovery deadline; and,
d.
A proposed schedule for the completion of all remaining discovery.
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It is not good cause for a later request to extend discovery that the parties informally
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postponed discovery. Any stipulation that would interfere with any time set for completion of
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discovery, for hearing of a motion, or for trial, may be made only with approval of the Court.
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6.
Electronically Stored Information (“ESI”):
The Parties stipulate and agree that all discoverable documents will be produced on CD-
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ROM in Portable Document Format (“PDF”) with optical text recognition (electronically
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searchable text) as reasonably practicable. The Parties further agreed that the “parent-child
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relationships” between documents will be preserved when documents are produced (e.g., e-mails
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Case 2:17-cv-00094-JAD-PAL Document 12 Filed 05/08/17 Page 4 of 5
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and their attachments will be produced together with consecutive bates numbers) as reasonably
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practicable.
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While the Parties agree at this time that it is not necessary to produce the metadata for
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electronic documents, the Parties reserve their respective rights to request such information
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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.
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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
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certify that they met and conferred about the possibility of using alternative dispute resolution
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processes including, mediation, arbitration, and early neutral evaluation.
8.
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Electronic Service. The Parties agree to accept electronic service of discovery
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requests and responses pursuant to Federal Rule of Civil Procedure 5(b)(2)(E). The parties
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discussed whether they intend to present evidence in electronic format to jurors for the purpose
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of jury deliberations and agreed that should discovery be provided in an electronic format at trial,
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it will be compatible with the court’s electronic jury evidence display system pursuant to LR II
26-1(b)(9).
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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
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the discovery conference, has been agreed to by the parties, and will be filed shortly after filing
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of this proposed discovery plan.
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Case 2:17-cv-00094-JAD-PAL Document 12 Filed 05/08/17 Page 5 of 5
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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: matthew.knepper@knepperclark.com
Email: miles.clark@knepperclark.com
/s/ Jennifer Braster, Esq.
Jennifer L. Braster, Esq.
Nevada Bar No. 9982
NAYLOR & BRASTER
jbraster@naylorandbrasterlaw.com
Counsel for Experian Information Solutions,
Inc.
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David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
Email: dkrieger@hainesandkrieger.com
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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
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________________________________________
United States Magistrate Judge
May 18, 2017
Dated: ________________
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