Lucero v. Smith-Palluck Associates Corp.

Filing 31

ORDER Granting 30 Fifth Stipulation to Extend Scheduling Order. Discovery due by 8/6/2018. Motions due by 9/6/2018. Proposed Joint Pretrial Order due by 10/5/2018. Signed by Magistrate Judge Carl W. Hoffman on 6/8/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Michael Kind, Esq.
Nevada Bar No. 13903
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148
Phone: [phone] x7
[e-mail]
Sara Khosroabadi, Esq.
Nevada Bar No. 13703
HYDE & SWIGART
6069 South Fort Apache Road, Suite 100
Las Vegas, Nevada 89148
Phone: [phone]
[e-mail]
Attorneys for Plaintiff David Lucero

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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David Lucero,

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

Plaintiff,

STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
DEADLINES BY 30 DAYS

v.
Smith-Palluck Associates Corp.,
d/b/a Las Vegas Athletic Clubs,

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(FIFTH REQUEST)

Defendant.

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Plaintiff David Lucero (“Plaintiff”) and Defendant Smith-Palluck Associates
Corp., d/b/a Las Vegas Athletic Clubs (“Defendant”) (jointly as “the Parties”), by
and through their counsel of record, do hereby stipulate to modify the Court’s
Order, ECF No. 28, to extend discovery and dispositive motion deadlines by 30
days as follows:

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STIPULATION TO EXTEND DISCOVERY

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CASE NO. 2:17-CV-01399-JAD-CWH

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(1) The last date to complete discovery from July 6, 2018, to August 6, 2018;

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(2) The last date to file dispositive motions from August 6, 2018, to September 6,

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2018; and
(3) The last date to file the proposed joint pretrial order from September 5, 2018,

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to October 5, 2018.

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Pursuant to LR 26-4, good cause exists to amend the Scheduling Order. The

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Parties have diligently pursued discovery. The Parties propounded written

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discovery on each other and Plaintiff has taken Defendant’s Rule 30(b)(6)

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deposition. Plaintiff’s deposition is currently scheduled for June 28, 2018. Plaintiff

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disclosed an expert and Defendant disclosed its rebuttal expert on May 30, 2018.

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The Parties are conferring to schedule Defendant’s expert’s deposition. The Parties

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are also meeting and conferring about scheduling Plaintiff’s expert to conduct an

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on-site inspection of Defendant’s premises.

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The Parties are also continuing to meet and confer regarding new evidence of

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which Plaintiff became aware for the first time at Defendant’s deposition on May

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22, 2018. Specifically, the Parties are meeting and conferring about prerecorded

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voice messages that Defendant allegedly used to call Plaintiff. Defendant’s

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deposition transcripts are not yet available and Plaintiff may seek to meet and

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confer regarding other discovery after the transcripts become available. The Parties

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will also need to meet and confer about Plaintiff’s responses to Defendant’s written

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discovery.

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Further good cause exists to amend the Scheduling Order to provide additional
time to complete settlement discussions, which are actively ongoing.

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Pursuant to LR 26-4(a), the Parties propounded and responded to written

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discovery requests, noticed each other’s’ depositions and disclosed experts.

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Numerous meet and confer discussions have been held between the Parties,

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resulting in additional disclosures.

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STIPULATION TO EXTEND DISCOVERY

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CASE NO. 2:17-CV-01399-JAD-CWH

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Pursuant to LR 26-4(b), the Parties request additional time to complete

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resolution in connection with outstanding discovery issues, as discussed above, and

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to complete expert discovery.
Pursuant to LR 26-4(d), the Parties propose the following discovery and

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dispositive motion schedule:

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(1) The last date to complete discovery will be August 6, 2018;

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(2) The last date to file dispositive motions will be September 6, 2018; and

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(3) The last date to file the proposed joint pretrial order will be October 5, 2018.

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For the foregoing reasons, the Parties jointly request that this Court modify its

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May 1, 2018 Order to provide an additional 30 days to complete discovery, and in

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the ordinary course, file dispositive motions and the proposed joint pretrial order, as

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described in the above proposed timeline.

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________________________________________________________________________________________________________

STIPULATION TO EXTEND DISCOVERY

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CASE NO. 2:17-CV-01399-JAD-CWH

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This is the Parties’ fifth request for an extension of these deadlines.

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DATED this 6th day of June 2018.

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KAZEROUNI LAW GROUP, APC

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By: /s/ Michael Kind
Michael Kind, Esq.
Nevada Bar No. 13903
6069 S. Fort Apache Rd., Ste 100
Las Vegas, NV 89148
Attorneys for Plaintiff
BALLARD SPAHR LLP

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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
Attorneys for Defendant
ORDER

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IT IS HEREBY ORDERED that the Scheduling Order, ECF No 28, is
modified to extend the discovery and dispositive motion deadlines as follows:
(1) The last date to complete discovery shall be August 6, 2018;
(2) The last date to file dispositive motions shall be September 6, 2018; and
(3) The last date to file the proposed joint pretrial order shall be October 5, 2018.

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IT IS SO ORDERED.

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__________________________________
UNITED STATES MAGISTRATE JUDGE

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June 8, 2018
Dated: _____________________________

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STIPULATION TO EXTEND DISCOVERY

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CASE NO. 2:17-CV-01399-JAD-CWH

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY pursuant to Rule 5 of the Federal Rules of Civil

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Procedure that on June 6, 2018, the foregoing Stipulation was filed and served via

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CM/ECF to all parties appearing in this case.

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Kazerouni Law Group, APC

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By: /s/ Michael Kind
Michael Kind, Esq.
6069 S. Fort Apache Rd., Ste 100
Las Vegas, NV 89148

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________________________________________________________________________________________________________

STIPULATION TO EXTEND DISCOVERY

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CASE NO. 2:17-CV-01399-JAD-CWH