YWS Architects, LLC v. Alon Las Vegas Resort, LLC et al

Filing 103

ORDER granting 102 Stipulation; Discovery due by 9/28/2018. Motions due by 10/28/2018. Proposed Joint Pretrial Order due by 11/27/2018. Signed by Magistrate Judge Cam Ferenbach on 5/23/2018. (Copies have been distributed pursuant to the NEF - JM)

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Leon F. Mead II, Esq.
Nevada Bar No. 5719
eMail: [e-mail]
Sarah A. Mead, Esq.
Nevada Bar No. 13725
eMail: [e-mail]
MEAD LAW GROUP
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
Tel: [phone]
Fax: [phone]
Patrick G. Byrne, Esq.
Nevada Bar No. 7636
eMail: [e-mail]
Michael Paretti, Esq.
Nevada Bar No. 13926
eMail: [e-mail]
Snell & Wilmer L.L.P.
3800 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant and Counter-claimants
ALON LAS VEGAS RESORT, LLC and
ALON LEISURE MANAGEMENT, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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YWS Architects, LLC dba YWS Design &
21 Architecture, a Nevada limited liability
company,
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Plaintiff,

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Case No.: 2:17-CV-01417-RFB-VCF
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
PLAN AND SCHEDULING ORDER
DATES AND DEADLINES

vs.
(Second Request)

25 Alon Las Vegas Resort, LLC, a Delaware
limited liability company; Alon Las Vegas
26 Landco, LLC, a Delaware limited liability
company; TISHMAR, LLC, a Nevada
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limited liability company,
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Defendants.

Mead Law Group
10161 Park Run Dr.
Suite 150
Las Vegas, NV 89145
T. 702 869-0192
F/. 702.922.3831

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Alon Las Vegas Resort, LLC, a Delaware
limited liability company; Alon Leisure
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Management, LLC, a Delaware limited
3 liability company,
Counter-claimants,

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vs.

YWS Architects, LLC dba YWS Design &
Architecture, a Nevada limited liability
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company; Tom Wucherer, an individual;
8 DOES 1 through 10; ROE
CORPORATIONS 11-20,
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Counter-defendants.
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Plaintiff YWS Architects, LLC dba YWS Design & Architecture (“Plaintiff” or

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“YWS”) and Tom Wucherer (“Wucherer”), by and through their counsel of record, the

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law firm of Greenberg Traurig, LLP and Rourke Law Firm, and Counterclaimants Alon

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Las Vegas Resort, LLC and Alon Leisure Management, LLC (collectively “Alon

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Group”), by and through their counsel, Mead Law Group and Snell & Wilmer LLP

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(collectively the “Parties”), for good cause shown, pursuant to Local Rules 26-4 and 6-

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1, hereby submit the following Stipulation.

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I.

DISCOVERY COMPLETED TO DATE

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As required by FRCP 26 and Local Rule 26-1(d), counsel for the Parties held a

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telephone conference on August 4, 2017 to discuss initial discovery disclosures and to

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develop a discovery plan. Initial and Supplemental disclosures were subsequently served
as required by FRCP 26(a)(1). YWS has produced six supplemental disclosures since that
time. Alon has produced three supplemental disclosures since that time.
On January 24, 2018, the Parties submitted their first request to extend the

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discovery plan and scheduling order dates and deadlines [Doc. 71]. The Court granted this
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request the same day. [Doc. 73].
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The Parties have exchanged the following written discovery to date:
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Mead Law Group
10161 Park Run Dr.
Suite 150
Las Vegas, NV 89145
T. 702 869-0192
F/. 702.922.3831

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1.

On September 13, 2017, Alon propounded its First Set of Requests for

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Production of Documents, its First Set of Requests for Admission, and its First Set of
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Interrogatories upon YWS. On October 27, 2018, YWS served its responses thereto.
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2.

On September 15, 2017, YWS propounded its First Set of Requests for

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Production of Documents, its First Set of Requests for Admission, and its First Set of
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Interrogatories upon Alon. On November 6, 2017, Alon served its responses thereto.
3.

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written by Alon, YWS produced its supplemental responses to Alon’s First Set of
Admissions and First Set of Interrogatories on March 5, 2018.
4.

On January 10, 2018, the deposition of the Person Most Knowledgeable for

parties.

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In October, YWS issued several subpoenas duces tecum to various third

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After a meet and confer and a letter requesting supplemental responses

Penta Building Group was taken by the Parties.
6.

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On April 10, 2018, Alon noticed the deposition of YWS’ Person(s) Most

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Knowledgeable for May 8, 2018, explaining that the date was flexible if it did not work for

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YWS or its counsel.

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7.

In April and May of 2018, the Parties discussed dates for depositions of

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YWS’ Person(s) Most Knowledgeable as well as various witnesses listed on Alon’s

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disclosure statements: Andre Dutra, Josh Zint, Frank Gonzales, and Todd Nisbet.

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8.

On May 14, 2018, YWS served depositions subpoenas for Andre Dutra,

Josh Zint, and Frank Gonzales, because Alon no longer has contact with these witnesses.
The depositions are currently set for May 30, 2018 and May 31, 2018.
II.

DISCOVERY REMAINING TO BE COMPLETED
1.

The depositions of the principals and person(s) most knowledgeable of

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YWS and Alon.
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Mead Law Group
10161 Park Run Dr.
Suite 150
Las Vegas, NV 89145
T. 702 869-0192
F/. 702.922.3831

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2.

Additional written discovery between the Parties, as needed, including but

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not limited to, requests for production of documents, requests for admission, and
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interrogatories.
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3.

The Parties anticipate obtaining expert and rebuttal experts and producing

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reports pursuant to FRCP 26(a).
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4.

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Depositions of those expert witnesses.

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The Parties agree that additional percipient witness depositions will likely

need to be taken.
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REASON WHY DISCOVERY REMAINING WILL NOT BE
COMPLETED WITHIN THE LIMITS SET BY THE COURT’S
DISCOVERY PLAN AND SCHEDULING ORDER

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The Parties have engaged in continued motion practice regarding YWS’ lien,

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including Supplemental Briefing on Alon’s Motion to Expunge, Alon’s Objections to the

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Magistrate’s Report and Recommendations and Alon’s Motion for Certification to the

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Nevada Supreme Court since the evidentiary hearing on Alon’s Motion to Expunge on

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January 12, 2018.

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III.

Additional written discovery and depositions of non-parties.

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The current deadline to submit initial expert reports in this matter is May 31, 2018.

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The Parties agree that the current deadline does not offer enough time to obtain and provide

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expert witnesses with all necessary information and time to complete their reports.

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The Parties also agree that additional time is necessary to complete all the
depositions required in this case.

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IV.

PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING
DISCOVERY

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The Parties request a sixty (60) day extension to complete depositions, disclose

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expert witnesses and produce reports, and potentially complete additional written

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discovery. Additionally, the parties request that the related deadlines be extended,

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Mead Law Group
10161 Park Run Dr.
Suite 150
Las Vegas, NV 89145
T. 702 869-0192
F/. 702.922.3831

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including the dispositive motion deadline. Accordingly, the proposed deadlines are as

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follows:
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DEADLINE

CURRENT DATE

PROPOSED DATE

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Discovery Cut-off

July 30, 2018

September 28, 2018

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Deadline to disclose expert
witnesses
Deadline
to
disclose
rebuttal witnesses
Deadline to file dispositive
motions
Deadline to file joint pretrial order (if no dispositive
motions are pending before
the Court

May 31, 2018

July 30, 2018

July 2, 2018

August 31, 2018

August 29, 2018

October 28, 2018

September 28, 2018

November 27, 2018

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Dated: May 22, 2018

Dated: May 22, 2018

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GREENBERG TRAURIG, LLP

MEAD LAW GROUP

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By:_____/s/ Shauna L. Norton_____
Mark G. Tratos, Esq.
Nevada Bar No. 1086
Shauna L. Norton, Esq.
Nevada Bar No. 11320
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169

By:___/s/ Sarah A. Mead _____
Leon F. Mead II, Esq.
Nevada Bar No. 5719
Sarah A. Mead, Esq.
Nevada Bar No. 13725

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Attorneys for Plaintiff YWS
Architects, LLC dba YWS
Design & Architecture

Patrick G. Byrne, Esq.
Nevada Bar No. 7376
Michael Paretti, Esq.
Nevada Bar No. 13725
Snell & Wilmer L.L.P.
Attorneys for Counterclaimants Alon
Las Vegas Resort, LLC and Alon
Leisure Management, LLC

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IT IS SO ORDERED.
_______________________________________
UNITED STATES MAGISTRATE JUDGE
May 23
DATED: ___________, 2018.

Mead Law Group
10161 Park Run Dr.
Suite 150
Las Vegas, NV 89145
T. 702 869-0192
F/. 702.922.3831

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