Halley et al v. Acor et al

Filing 38

ORDER granting 37 Stipulation; Discovery due by 5/14/2018. Motions due by 6/12/2018. Proposed Joint Pretrial Order due by 7/12/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/16/2018. (Copies have been distributed pursuant to the NEF - JM)

1 John P. Aldrich
Nevada Bar No. 6877
2 ALDRICH LAW FIRM, LTD.
1601 S. Rainbow Blvd., Suite 160
3 Las Vegas, Nevada 89146
[phone]
4 (702) 227 – 1975
[e-mail];
5 [e-mail]
6 Michael R. Konewko ARDC#3121878
KONEWKO & ASSOCIATES, LTD.
7 29W204 Roosevelt Road
West Chicago, Illinois 60185
8 630/231-5500
630/231-5548 Fax
9 [e-mail]; [e-mail]
10 Attorneys for Edward S. Halley and Flagship Express Airlines, Inc.
11
UNITED STATES DISTRICT COURT
12
DISTRICT OF NEVADA
13
14

EDWARD S. HALLEY, individually; and
FLAGSHIP EXPRESS AIRLINES, Inc., an
Illinois Corporation,

15
Plaintiffs,
16

Case No.: 2:17-CV-00507
STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(SECOND REQUEST )

v.
17
18
19
20

WILLIAM ACOR, individually; RBY, INC.; a
Nevada Corporation; VISION AIRLINES, INC.; a
Nevada Corporation; and VISION AVIATION
HOLDINGS, INC., a Nevada Corporation,
Defendants.

21
22

Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of

23 record, hereby stipulate and request that this Court extend discovery in the above-captioned case
24 ninety (90) days, up to and including May 14, 2018. In addition, the parties request that the rebuttal
25 expert and dispositive motions and pretrial order deadlines be extended for an additional ninety (90)
26 days as outlined herein. This is the second request to extend these deadlines; Defendants previously
27
28

moved for and received a brief 20-day extension of the discovery deadlines.

1
2

In support of this Stipulation and Request, the parties state as follows:
1.

On February 20, 2017, this action was commenced by the filing of a Complaint in the

3 United States District Court, District of Nevada.
4

2.

On April 27, 2017, Defendants Vision Airlines, Inc. and Vision Aviation Holdings,

5 Inc. filed their Answer to Plaintiffs’ Complaint and Counterclaim.
6

3.

On May 24, 2017, Plaintiffs/Counterdefendants Edward S. Halley and Flagship

7
Express Airlines, Inc. filed their Answer to Counterclaim.
8
9
10

4.

On June 22, 2017, a Discovery Plan and Scheduling Order was issued.

5.

On July 18, 2017, Defendants RBY, Inc. and William Acor filed their Answer to

JONES VARGAS

3773 Howard Hughes Parkway - Third

11 Plaintiffs’ Complaint and Counterclaim.
12
13
14

6.

On September 11, 2017, Plaintiffs served Interrogatories and Requests for Production

of Documents on each of the Defendants.

Defendants served their responses to Plaintiff on

November 6, 2017.
15
16

7.

On November 22, 2017, Defendants filed a Motion to Amend Scheduling Order.

17 That Motion only sought to extend the expert witness deadline and follow-on dates by 20 days. That
18 Motion was granted by the Court on December 7, 2017.
19

8.

Plaintiffs assert that Defendants must supplement their discovery responses. On

20 January 10, 2018, Plaintiffs’ counsel sent detailed discovery dispute letters to Defendants’ counsel
21

asking that Defendants Vision Airlines, Inc. and Vision Aviation Holdings, Inc. supplement their

22
discovery responses. The letter requesting that Defendant Vision Airlines, Inc. supplement its
23
24

responses was 10 pages in length; the letter requesting that Defendant Vision Aviation Holdings, Inc.

25 supplement its responses was 8 pages in length.
26

9.

On January 11, 2018, Plaintiffs’ counsel sent detailed discovery dispute letters to

27 Defendants’ counsel asking that Defendants Acor and RBY, Inc. supplement their discovery
28

responses. The letter requesting that Defendant Acor supplement his responses was 8 pages in

2

1

length; the letter requesting that Defendant RBY, Inc. supplement its responses was 9 pages in

2 length.
10.

3

Plaintiffs have included the rebuttal expert deadline in this request. Following their

4 request to extend discovery deadlines, Defendants served their expert witness report on December
5 12, 2017. Plaintiffs have not had sufficient time to retain an expert of their own for the following
6

reasons: (1) the proximity of the holiday season with when Defendants’ report was received by

7
Plaintiffs (and the resulting scheduling issues with both Plaintiffs’ counsel and any potential expert),
8
9

(2) Plaintiffs’ lead counsel’s trial calendar required him to be in trial, with trial starting December

10 19, 2017 and ending on December 26, 2017, (3) Plaintiffs’ lead counsel had substantial post-trial

JONES VARGAS

3773 Howard Hughes Parkway - Third

11 briefing due on January 4, 2018 (related to a trial that occurred in October 2017), and (4) Plaintiffs’
12 local counsel was engrossed in the substantial discovery dispute letters referenced above. While
13
14

Defendants take no position as to Plaintiffs’ stated reasons for the extension of the discovery
deadlines, Defendants do not object to the extension of the rebuttal expert deadline as set forth

15
16

herein and join in the request to extend the discovery cut off.
DISCOVERY REMAINING

17

The depositions of the Plaintiffs and Defendants need to be taken. Plaintiffs intend to

18

19 subpoena several entities for records related to the claims in this case. Additionally, Plaintiffs have
20 identified more than 35 witnesses and anticipate conducting the depositions of a dozen of those
21

witnesses as well, which will include the FRCP 30(b)(6) witnesses of the corporate Defendants.

22
Defendants intend to propound written discovery to Plaintiffs and to depose at or near four
23
24

witnesses.

25 / / /
26 / / /
27 / / /
28

///

3

REASONS WHY DISCOVERY WAS NOT COMPLETED

1

The parties require additional time to conduct discovery of the parties and depose all

2

3 witnesses. The reasons why the discovery has not been completed are included in paragraphs 8-10
4 above.
5
6

The following is a list of the current discovery deadlines and the parties’ proposed extended
deadlines.

7

9
10

JONES VARGAS

3773 Howard Hughes Parkway - Third

11
12

Scheduled Event

Current Deadline

Proposed Deadline

Discovery Cut-off

February 12, 2018

May 14, 2018

Rebuttal Expert Disclosures

January 12, 2018

April 12, 2018

Interim Status Report

Completed

March 12, 2018

Dispositive Motions

8

March 12, 2018

June 12, 2018

Joint Pretrial Order

April 12, 2018

July 12, 2018

13
14

This Request for an extension of time is not sought for any improper purpose or other

15
purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient time
16
17

to conduct discovery in this case and adequately prepare their respective cases for trial.
This is the first request for extension of the deadlines addressed in this stipulation; the first

18

19 request was by Defendants and related only to the expert witness deadline. The parties respectfully
20 submit that the reasons set forth above constitute compelling reasons for the additional extension.
21 / / /
22

///

23
///
24
25

///

26 / / /
27 / / /
28

4

1

WHEREFORE, the parties respectfully request that this Court extend the discovery period by

2 ninety (90) days from the current deadlines as outlined in accordance with the table above.
3

DATED: January 12, 2018.

DATED: January 12, 2018.

4

ALDRICH LAW FIRM, LTD.

HOGAN HULET PLLC

5

/s/ John P. Aldrich____________
John P. Aldrich
Nevada Bar No. 6877
1601 S. Rainbow Blvd., Suite 160
Las Vegas, Nevada 89146
[phone]
[phone]
[e-mail]

/s/ Kenneth E. Hogan__________
Kenneth E. Hogan
Nevada Bar No. 10083
E-mail: [e-mail]
Jeffrey L. Hulet
Nevada Bar No. 10621
E-mail: [e-mail]
1140 N Town Center Drive, Suite 300
Las Vegas, Nevada 89113
Tel: [phone]

6
7
8
9
10

JONES VARGAS

3773 Howard Hughes Parkway - Third

11
12
13
14

Michael R. Konewko ARDC#3121878
KONEWKO & ASSOCIATES, LTD.
29W204 Roosevelt Road
West Chicago, Illinois 60185
630/231-5500
630/231-5548 Fax

Attorneys for Defendants

Attorneys for Plaintiffs
15
16
17
18
19

ORDER
IT IS SO ORDERED.
Dated this January 16, January, 2018.
day of
January 16, 2018

_____________________________________
U.S. DISTRICT COURT JUDGE

20
21
22
23
24
25
26
27
28

5