Farmer v. Experian Information Solutions, Inc.

Filing 22

ORDER granting 21 Stipulation re Discovery. Discovery due by 11/26/2018. Motions due by 12/24/2018. Proposed Joint Pretrial Order due by 1/23/2019. FURTHER ORDERED that no further extensions will be allowed. Signed by Magistrate Judge Peggy A. Leen on 7/9/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 1 of 6

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David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123
Phone: [phone]
FAX: [phone]
Email: [e-mail]
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Phone: [phone]
FAX: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
:
DOREEN FARMER, and all similarly situated :
individuals,
:
:
Plaintiffs,
:
v.
:
:
EXPERIAN INFORMATION SOLUTIONS, :
INC.,
:
:
Defendant.
:

Civil Action No.: 2:17-cv-1531-RFB-PAL
STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
[Third Request]

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Pursuant to LR 6-1 and LR 26-4, Plaintiff Doreen Farmer (“Plaintiff”) and Experian

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Information Solutions, Inc. (“Experian”), by and through their respective counsel of record, hereby

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stipulate and request that this Court extend all case deadlines by sixty (60) days. In support of this

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Stipulation and Request, the parties state as follows:

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I.

DISCOVERY COMPLETED TO DATE

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1.

Plaintiff filed the instant complaint on May 31, 2017.

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2.

On June 28, 2017, Experian filed its answer.

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Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 2 of 6

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3.

On July 26, 2017, Experian propounded its deposition notice on Plaintiff, setting

Plaintiff’s deposition for October 9, 2017.

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4.

On July 31, 2017, the parties submitted their competing plans for discovery.

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5.

On August 7, 2017, the Court granted the parties’ stipulated protective order.

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6.

On August 9, 2017, Experian provided its initial disclosures.

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7.

On August 15, 2017, Plaintiff provided her initial disclosures.

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8.

On August 18, 2017, Plaintiff provided her first supplemental disclosures.

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9.

On August 31, 2017, the Court issued its scheduling order, permitting discovery on

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both the individual and class components of Plaintiff’s case to proceed simultaneously.
10.

On September 21, 2017, Experian propounded its first set of Requests for

Production of Documents on Plaintiff.
11.

On September 26, 2017, Plaintiff propounded her first set of Requests for

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Admission, Production, and Interrogatories on Experian, setting Experian’s deposition for

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November 17, 2017.

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12.

On September 26, 2017, Plaintiff propounded her first deposition notice to

Experian.
13.

On October 11, 2017, Plaintiff propounded her first amended deposition notice to

Experian, setting Experian’s deposition for November 20, 2017.
14.

On October 20, 2017, Plaintiff provided her responses to Experian’s first set of

Requests for Production of Documents.
15.

On October 20, 2017, Experian propounded its first amended notice of deposition

on Plaintiff, setting Plaintiff’s deposition for November 14, 2017.
16.

On October 20, 2017, Plaintiff propounded her second amended deposition notice

to Experian, setting Experian’s deposition for December 1, 2017.
17.

On November 3, 2017, Experian provided its responses to Plaintiff’s first set of

Requests for Admissions, Production, and Interrogatories.
18.

On November 7, 2017, Plaintiff sent Experian a Rule 26-7 letter regarding

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Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 3 of 6

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Experian’s discovery responses.
19.

On November 13, 2017, Plaintiff and Experian conducted a partial meet-and-confer

regarding Plaintiff’s Rule 26-7 letter.
20.

On November 28, 2017, Plaintiff propounded her third amended deposition notice

on Experian, setting Experian’s deposition tentatively for December 21, 2017.
21.

On December 5, 2017, the parties met and conferred regarding Experian’s

responses to Plaintiff’s written discovery requests.
22.

On January 22, 2018, the parties conducted a second conference regarding

Experian’s responses to Plaintiff’s written discovery requests.
23.

On February 1, 2018, Experian served its supplemental responses to Plaintiff’s First

Set of Interrogatories.
24.

On February 2, 2018, the parties conducted a third conference regarding Experian’s

responses to Plaintiff’s written discovery requests.
25.

On March 10, 2018, Plaintiff propounded his Second Set of Requests for

Production on Experian.
26.

On April 18, 2018, Experian responded to Plaintiff’s Second Set of Requests for

Production.
27.

On April 18, 2018, Experian sent a 26-7 letter regarding Plaintiff’s Responses to

Experian’s First Sets of Requests for Admission, Production, and Interrogatories.
28.

On April 27, 2018, Experian propounded its Second Amended Notice of Deposition

on Plaintiff, setting Plaintiff’s deposition for June 19, 2018.

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29.

On May 9, 2018, Experian served its first supplemental disclosures.

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30.

On May 20, 2018, Plaintiff sent a 26-7 letter regarding Experian’s Responses to

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Plaintiff’s Second Set of Requests for Production, as well as a limited subset of Plaintiff’s First

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Set of Requests for Production and Interrogatories.

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31.

On June 11, 2018, the parties conferred briefly via telephone regarding Experian’s

discovery production in this case.

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Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 4 of 6

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32.

discovery production in this case.

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33.

On June 19, 2018, Plaintiff served Experian with its Fourth Amended Notice of

Experian’s 30(b)(6) deposition.

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On June 19, 2018, the parties conferred briefly via telephone regarding Experian’s

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B.

On July 3, 2018, the parties conferred on Plaintiff’s May 20, 2018 26-7 letter.

Specific Description of Discovery that Remains to be Completed

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1.

The potential supplementation of written discovery between the parties;

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2.

Depositions of Plaintiff and Experian;

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3.

Potential depositions of Experian’s other personnel, as appropriate;

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4.

Depositions of third parties, as appropriate;

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5.

Depositions of Plaintiff’s expert and Experian’s rebuttal expert, if necessary;

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6.

Any additional necessary written discovery, including any follow-up meet and

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confer to discovery that has already been propounded and/or responded to.

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C.

Reasons Why the Remaining Discovery Was Not Completed

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The parties can demonstrate good cause for the extension. This class case involves

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calculation of large amounts of data from Experian’s internal records. Plaintiff has propounded

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written discovery requests designed to ascertain the Class and propounded a second set of requests

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for production which seek background information regarding Experian’s technical systems,

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process of responding to written discovery, and specification of those portions of Plaintiff’s class-

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based discovery requests which are subject to automated and manual review. Plaintiff and

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Experian have conferred on whether any limited return of this information can be provided.

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Presently, the parties are in the process of scheduling Experian’s 30(b)(6) deposition and

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the deposition of Plaintiff. Give the potentially technical nature of the 30(b)(6) deposition, and

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the fact that both depositions may impact the expert disclosures, the parties seek a 60-day extension

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of all present case deadlines in order to ensure that the 30(b)(6) depositions can be completed prior

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to the time for expert disclosures. This brief extension will also permit the parties to continue to

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discuss whether some limited production in connection with Plaintiff’s Second Set of Requests for

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Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 5 of 6

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Production can be provided prior to Experian’s 30(b)(6) deposition.

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For all of these reasons, the parties request that the Court grant this request for an extension
of time.
D.
Proposed Discovery Deadlines
Event
Close of Discovery

Current Deadline
September 25, 2018

Proposed New Deadline
November 26, 2018 1

Amend Pleadings

November 27, 2017

Same 2

July 27, 2018

September 25, 2018

File Interim Status Report
Disclose Rebuttal Experts

July 27, 2018
August 27, 2018 3

September 25, 2018
October 26, 2018

File Dispositive Motions
File Motion for Class
Certification
Opposition
to
Class
Certification
File Pre-Trial Order

October 25, 2018
None

December 24, 2018
December 24, 2018

None

January 23, 2019

November 26, 2018 (or 30
days after dispositive motions
are decided) 4

January 23, 2019 (or 30 days
after dispositive motions are
decided)

Disclose Initial Experts

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Dated: July 5, 2018
/s/ Jennifer L. Braster
Jennifer L Braster, Esq. (NBN 9982)
Andrew J Sharples, Esq (NBN 12866)
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145

/s/ Miles N. Clark
Matthew I. Knepper, Esq. (NBN 12796)
Miles N. Clark, Esq. (NBN 13848)
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129

John Andrew Vogt (NBN 14777)
Edward San Chang (Pro Hac Vice)
JONES DAY
3161 Michelson Dr Ste 800
Irvine, CA 92612
Attorneys for Experian Information Solutions,
Inc.

David H. Krieger, Esq. (NBN 9086)
HAINES & KRIEGER, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123
Attorneys for Plaintiff

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November 26, 2018 is a Saturday.
While the parties could not agree to request an extension of this deadline, the parties agree
that Plaintiff reserves all rights to seek to reopen other case deadlines based on facts not yet
disclosed that may be revealed as discovery progresses.
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August 26, 2018 is a Sunday.
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November 24, 2018 is a Saturday.
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Case 2:17-cv-01531-RFB-PAL Document 21 Filed 07/05/18 Page 6 of 6

Farmer v. Experian Information Solutions, Inc.
Case No.: 2:17-cv-01531-RFB-PAL

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ORDER GRANTING

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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES
IT IS SO ORDERED.
IT IS FURTHER ORDERED that no further extensions will be allowed.

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Dated: July 6, 2018

UNITED STATES MAGISTRATE JUDGE

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