Garcia v. Specialized Loan Servicing LLC et al
Filing
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ORDER granting 31 Stipulation to Extend Discovery. Motions due by 5/4/2018. Proposed Joint Pretrial Order due by 6/4/2018. Signed by Magistrate Judge Cam Ferenbach on 4/3/2018. (Copies have been distributed pursuant to the NEF - MMM)
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JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
MICHAEL HOGUE, ESQ.
Nevada Bar No. 12400
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 N
Las Vegas, Nevada 89169
Telephone: (702) 792-3773
Facsimile: (702) 792-9002
Email: bundickj@gtlaw.com
bedkers@gtlaw.com
Counsel for Defendant
Specialized Loan Servicing, LLC
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UNITED STATES DISTRICT COURT
Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
(702) 792-3773
(702) 792-9002 (fax)
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DISTRICT OF NEVADA
TROY A. GARCIA,
Case No.: 2:17-cv-01721-RFB-VCF
Plaintiff,
v.
SPECIALIZED LOAN SERVICING LLC;
AMERICAN HONDA FINANCE CORP.;
TOYOTA FINANCIAL SERVICES; WELLS
FARGO CARD SERVICES; EQUIFAX
INFORMATION SERVICES, LLC,
STIPULATION FOR EXTENSION OF
TIME
SECOND REQUEST
Defendants.
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Pursuant to LR 6-1 and LR 26-4, Plaintiff Troy A. Garcia (“Plaintiff”), and Defendant
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Specialized Loan Servicing, LLC (“SLS”), by and through their respective counsel of record,
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hereby stipulate and request that this Court extend the dispositive motion deadline and deadline to
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file pre-trial order, by thirty (30) days. At this time, the parties are not seeking an extension of
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any other discovery deadlines but reserve the right to request in the future. In support of this
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Stipulation and Request, the parties state as follows:
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A.
DISCOVERY COMPLETED TO DATE
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Presently, the active parties to this case are Plaintiff and Specialized Loan Servicing, LLC
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(“SLS”), and as such, the recitation of discovery shall be with respect to Plaintiff and SLS.
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LV 421121436v1
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On October 6, 2017 Plaintiff served his initial disclosures;
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On October 27, 2017 SLS served its initial disclosures;
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On November 17, 2017 Plaintiff served his First Supplemental Disclosures;
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On January 30, 2018 SLS served Request for Admissions, Request for Production of
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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
(702) 792-3773
(702) 792-9002 (fax)
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Documents and Interrogatories on Plaintiff;
On January 31, 2018 Plaintiff served Request for Admissions, Request for Production and
Interrogatories of Documents on SLS;
On March 1, 2018 SLS served responses to Request for Admissions, Request for
Production of Documents and Interrogatories, and Supplemental Disclosures;
On March 5, 2018 Plaintiff served responses to Request for Admissions, Request for
Production of Documents and Interrogatories and Second and Third Supplemental Disclosures.
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On March, 5, 2018 Plaintiff completed the 30(b)(6) deposition of SLS.
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On March 9, 2018 SLS completed the deposition of Plaintiff.
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Specific Description of Discovery that Remains to be Completed
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1.
No additional discovery is needed. However, the parties did not receive all
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transcripts from the depositions completed in early March 2018 until late March 2018 and the
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deadline for deponents to note any revisions to their depositions has not expired, preventing
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preparation of dispositive motions. Additionally, a motion to dismiss Plaintiff’s complaint
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remains pending before the Court.
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C.
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The parties aver, pursuant to LR 6-1 and LR 26-4, that good cause exists for the requested
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extension. At this juncture, discovery has closed in this matter. The parties previously stipulated
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to extend pretrial deadlines to allow the completion of discovery. While the parties specifically
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requested accelerated delivery of the deposition transcript and had anticipated having the
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deposition transcripts with adequate time to prepare and submit dispositive motions, the
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transcripts were not delivered as early as anticipated. The requested extension of the dispositive
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motion deadline is to permit review of final deposition transcripts and prepare appropriate
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dispositive motions. The parties are bringing this request now because they did not know at least
LV 421121436v1
Reasons Why the Remaining Discovery Was Not Completed
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twenty-one (21) days prior to the pending dispositive motion deadline that the deposition
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transcripts would be delayed in delivery and if the Court would enter a ruling prior to the current
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dispositive motion deadline.
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In order to have the necessary time to review the deposition transcripts and prepare
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dispositive motions, the parties request a thirty (30) day extension of the dispositive motion
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deadline, as well as the deadline to file a pre-trial order. This is their first request to extend the
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deadline to file dispositive motions and a pre-trial order.
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D.
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Event
Proposed Discovery Deadlines
Current Deadline
Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
(702) 792-3773
(702) 792-9002 (fax)
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Proposed New
Deadline
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Close of Discovery
Expired
Same
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Deadline to Amend Pleadings
Expired
Same
Deadline to Disclose Initial
Experts
Expired
Same
Deadline to Disclose Rebuttal
Experts
Expired
Same
Dispositive Motions
April 4, 2018
May 4, 2018
Pre-Trial Order
May 4, 2018
June 4, 2018 1
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///
///
///
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30 days (June 3, 2018) is a Sunday.
LV 421121436v1
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IT IS SO STIPULATED.
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DATED this 2nd day of April, 2018.
DATED this 2nd day of April, 2018
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GREENBERG TRAURIG, LLP
KNEPPER & CLARK LLC
/s/
Michael Hogue
JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
MICHAEL HOGUE, ESQ.
Nevada Bar No. 12400
3773 Howard Hughes Parkway, Suite 400 N
Las Vegas, NV 89169
Counsel for Defendant
Specialized Loan Servicing, LLC
/s/ Miles Clark
MATTHEW I. KNEPPER, ESQ.
Nevada Bar No. 12796
MILES N. CLARK, ESQ.
Nevada Bar No. 13848
10040 W. Cheyenne Avenue, Suite 170-109
Las Vegas, NV 89129
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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
(702) 792-3773
(702) 792-9002 (fax)
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DAVID H. KRIEGER, ESQ.
HAINES & KRIEGER, LLC
Nevada Bar No. 9086
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
Counsel for Plaintiff Troy A. Garcia
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SCHEDULING ORDER
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The above-set stipulated Discovery Plan of the parties shall be the Scheduling Order for this
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action pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16-1.
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IT IS SO ORDERED
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________________________________________
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United States Magistrate Judge
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4-3-2018
Dated: ________________
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LV 421121436v1
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Case 2:17-cv-01721-RFB-VCF Document 31 Filed 04/02/18 Page 5 of 5
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CERTIFICATE OF SERVICE
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Pursuant to Fed. R. Civ. P. 5(b), 45, I hereby certify that on April 2, 2018, a copy of the
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foregoing STIPULATION FOR EXTENSION OF TIME (SECOND REQUEST) was filed
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electronically via the Court’s CM/ECF system. Notice of filing will be served on all parties by
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operation of the Court’s CM/ECF filing system, and parties may access this filing through the
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Court’s CM/ECF system.
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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
(702) 792-3773
(702) 792-9002 (fax)
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Attorneys for Plaintiff, Troy A. Garcia
Matthew I. Knepper, Esq.
Miles N. Clark, Esq.
Knepper & Clark
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Matthew.knepper@knepperclark.com
Miles.clark@knepperclark.com
David H. Krieger
Haines & Krieger, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
dkrieger@hainesandkrieger.com
Attorneys
for
Equifax
Information
Services, LLC
Bradley T. Austin
Snell & Wilmer LLP
3883 Howard Hughes Pkwy, Suite 1100
Las Vegas, NV 89169
baustin@swlaw.com
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Natalie Young
An employee of GREENBERG TRAURIG, LLP
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