Lucero v. Smith-Palluck Associates Corp.

Filing 26

ORDER Granting 25 Third Stipulation to Extend Scheduling Order Deadlines. Discovery due by 6/8/2018. Motions due by 7/6/2018. Proposed Joint Pretrial Order due by 8/6/2018. Signed by Magistrate Judge Carl W. Hoffman on 4/5/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Joel E. Tasca, Esq.
Nevada Bar. No. 14124
Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
Stacy H. Rubin, Esq.
Nevada Bar. No. 9298
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Defendant

Ballard Spahr LLP
1980 Festival Plaza Dr., Suite 900
Las Vegas, Nevada 89135-2958
[phone]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

12 DAVID LUCERO,

Case No. 2:17-cv-01399-JAD-CWH
Plaintiff,

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14 vs.

15 SMITH-PALLUCK ASSOCIATES CORP.,
d/b/a LAS VEGAS ATHLETIC CLUBS
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Defendant.
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STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
DEADLINES BY 30 DAYS
(Third Request)

Pursuant to LR IA 6-1 and LR 26-4, plaintiff David Lucero (“Plaintiff”),

19 defendant Smith-Palluck Associates Corp., d/b/a Las Vegas Athletic Clubs (“LVAC”)
20 (together, the “Parties”), by and through their respective counsel of record, stipulate
21 and request that this Court extend discovery and dispositive motion deadlines in
22 the above-captioned case by approximately 30 days. The requested extension will
23 allow the Parties to efficiently address, without motion practice, issues raised by
24 Plaintiff’s recent production of an expert opinion and to schedule depositions. The
25 Parties have conferred and agree that this brief extension is the most reasonable,
26 most economical, and least burdensome way to complete discovery in this case.
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This is the Parties’ third request for an extension to the scheduling order

28 deadlines. The Parties make this request in good faith and not for purposes of
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delay.

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I.

Discovery Completed and Remaining

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Plaintiff has served written discovery to LVAC, a third-party subpoena, an

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expert disclosure and supplement thereto, and a notice of deposition of LVAC’s Rule

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30(b)(6) designee.

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LVAC intends to issue written discovery and depose Plaintiff. The Parties are in

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the process of conferring regarding certain pending discovery matters, including

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deposition scheduling.

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II.

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LVAC has served objections to Plaintiff’s written discovery.

Good Cause (and Excusable Neglect) Exists for the Requested Extension
Good cause and excusable neglect exists for the requested extension.

On

Ballard Spahr LLP
1980 Festival Plaza Dr., Suite 900
Las Vegas, Nevada 89135-2958
[phone]

11 March 29, 2018, Plaintiff served a declaration containing previously-undisclosed
12 expert opinions. After meeting and conferring, the Parties have agreed that LVAC
13 will not object to the timing of this expert disclosure provided that LVAC may have
14 30 days from March 29, 2018 to, if necessary, serve a rebuttal expert disclosure.
15 This compromise allows the Parties and the Court to avoid expending time and
16 resources on potential motion practice regarding the timing of Plaintiff’s expert
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The extended time for discovery also allows the Parties to confer

18 regarding discovery responses and to efficiently schedule party depositions for dates
19 and times that minimize burdens upon the witnesses and counsel.

For these

20 reasons, the Parties believe their request for an extension should be granted.
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[Continued on following page.]

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III.

Proposed Discovery Deadlines
The Parties request an order extending the deadlines for disclosure of

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rebuttal experts, discovery, dispositive motions, and the pre-trial order.

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extension is reasonable and necessary given the good cause set forth above.

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This

Event

Current Deadline 1

New Deadline

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Disclosure of Rebuttal
Expert

December 7, 2017

Monday, April 30, 2018

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Close of Discovery

May 7, 2018

Wednesday, June 6, 2018

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Dispositive Motions

June 6, 2018

Friday, July 6, 2018

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Pre-Trial Order

July 8, 2018

Monday, August 6, 2018

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IT IS SO STIPULATED.

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Respectfully submitted this 4th day of April, 2018.

Ballard Spahr LLP
1980 Festival Plaza Dr., Suite 900
Las Vegas, Nevada 89135-2958
[phone]

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13 KAZEROUNI LAW GROUP, APC

BALLARD SPAHR LLP

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By: /s/ Michael Kind
Michael Kind, Esq.
Nevada Bar No. 13903
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7854 W. Sahara Avenue
Las Vegas, Nevada 89117
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Sara Khosroabadi, Esq.
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Nevada Bar No. 13703
HYDE & SWIGART
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7854 W. Sahara Avenue
Las Vegas, Nevada 89117
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By: /s/ Stacy H. Rubin
Joel E. Tasca, Esq.
Nevada Bar. No. 14124
Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
Stacy H. Rubin, Esq.
Nevada Bar. No. 9298
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

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Attorneys for Defendant

Attorneys for Plaintiff

ORDER

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED: April 5, 2018

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See ECF Nos. 11 & 22.
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