Lucero v. Smith-Palluck Associates Corp.

Filing 28

ORDER Granting 27 Fourth Stipulation for Extension of Time re Scheduling Order Deadlines. Discovery due by 7/6/2018. Motions due by 8/6/2018. Proposed Joint Pretrial Order due by 9/5/2018. Signed by Magistrate Judge Carl W. Hoffman on 5/1/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01399-JAD-CWH Document 27 Filed 04/30/18 Page 1 of 3

1 Joel E. Tasca, Esq.
Nevada Bar. No. 14124
2 Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
3 Stacy H. Rubin, Esq.
Nevada Bar. No. 9298
4 BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
5 Las Vegas, Nevada 89135
Telephone: [phone]
6 Facsimile: [phone]
[e-mail]
7 [e-mail]
[e-mail]
8
9

Attorneys for Defendant

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

10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12 DAVID LUCERO,

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

13
14 vs.

15 SMITH-PALLUCK ASSOCIATES CORP.,
d/b/a LAS VEGAS ATHLETIC CLUBS
16
Defendant.
17
18

STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
DEADLINES BY 30 DAYS
(Fourth 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 the Court’s involvement, scheduling
24 issues related to LVAC’s Rule 30(b)(6) deposition, as well as issues raised following
25 the TCPA decision from the United States Court of Appeals for the District of
26 Columbia in ACA International v. Federal Communications Commission (“ACA
27 International”). The Parties have conferred and agree that this brief extension is
28 the most reasonable, most economical, and least burdensome way to proceed with
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Case 2:17-cv-01399-JAD-CWH Document 27 Filed 04/30/18 Page 2 of 3

1 discovery in this case.
This is the Parties’ fourth request for an extension to the scheduling order

2

3 deadlines. The Parties make this request in good faith and not for purposes of
4 delay.
5 I.

Discovery Completed and Remaining

6

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

7 expert disclosure and supplement thereto, and a notice of deposition of LVAC’s Rule
8 30(b)(6) designee. LVAC has served responses and objections to Plaintiff’s written
9 discovery. LVAC has served written discovery to Plaintiff and a notice of Plaintiff’s
10 deposition. The Parties are in the process of conferring regarding certain pending
Ballard Spahr LLP
1980 Festival Plaza Dr., Suite 900
Las Vegas, Nevada 89135-2958
[phone]

11 discovery matters, including scheduling expert and possible third-party depositions.
12 II.

Good Cause Exists for the Requested Extension

13

Good cause exists for the requested extension. On March 16, 2018, the D.C.

14 Circuit issued its ruling in ACA International in an effort to clarify the types of
15 calling equipment within the TCPA’s restrictions. LVAC’s counsel raised certain
16 issues as a result of the ACA International case. Plaintiff’s counsel disagreed with
17 LVAC’s position. Additionally, due to scheduling issues, LVAC’s counsel had to re18 schedule LVAC’s Rule 30(b)(6) deposition.

After productively meeting and

19 conferring, Plaintiff’s counsel agreed as a professional courtesy, to allow additional
20 time without Court intervention.

The extended time for discovery allows the

21 Parties to efficiently schedule party and expert depositions, and possible third-party
22 depositions, for dates and times that minimize burdens upon the witnesses and
23 counsel. For these reasons, the Parties believe their request for an extension should
24 be granted.
25

[Continued on following page.]

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Case 2:17-cv-01399-JAD-CWH Document 27 Filed 04/30/18 Page 3 of 3

1 III.

Proposed Discovery Deadlines

2

The Parties request an order extending the deadlines for disclosure of

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

This

4 extension is reasonable and necessary given the good cause set forth above.
5

Event

Current Deadline1

New Deadline

April 30, 2018

Wednesday, May 30, 2018

7

Disclosure of Rebuttal
Expert

8

Close of Discovery

June 6, 2018

Friday, July 6, 2018

9

Dispositive Motions

July 6, 2018

Monday, August 6, 20182

10

Pre-Trial Order

August 6, 2018

Wednesday, September 5,
2018

6

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

11

IT IS SO STIPULATED.

12

Respectfully submitted this 30th day of April, 2018.

13
14

KAZEROUNI LAW GROUP, APC

15 By: /s/ Michael Kind
Michael Kind, Esq.
16
Nevada Bar No. 13903
7854 W. Sahara Avenue
17
Las Vegas, Nevada 89117
18

Sara Khosroabadi, Esq.
Nevada Bar No. 13703
HYDE & SWIGART
7854 W. Sahara Avenue
Las Vegas, Nevada 89117

19
20

BALLARD SPAHR LLP
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

Attorneys for Defendant

21 Attorneys for Plaintiff
22

ORDER

23

IT IS SO ORDERED:

24
UNITED STATES MAGISTRATE JUDGE

25

DATED: May 1, 2018

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27
28

1

See ECF Nos. 11, 22, and 26.

Thirty days after July 6, 2018, falls on Sunday, August 5, 2018. The deadline is
thus advanced to the next judicial day.
3
2

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