Mott v. Trinity Financial Services, LLC et al

Filing 24

ORDER Granting 23 Stipulation for Extension of Time (First Request). Discovery due by 6/11/2018. Motions due by 7/11/2018. Proposed Joint Pretrial Order due by 8/13/2018. Signed by Magistrate Judge George Foley, Jr on 3/27/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01754-RFB-GWF Document 23 Filed 03/26/18 Page 1 of 4

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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]
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]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RODNEY MOTT,

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Plaintiff,
vs.

STIPULATION FOR EXTENSION OF
TIME

TRINITY FINANCIAL SERVICES, LLC; and
TRINITY RECOVERY SERVICES, LLC,

(FIRST REQUEST)

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Case No.: 2:17-cv-01754-RFB-GWF

Defendants.
Pursuant to LR 6-1 and LR 26-4, Plaintiff and Defendants Trinity Financial Services,
LLC and Trinity Recovery Services, LLC (collectively, “Defendants”), by and through their
respective counsel of record, hereby stipulate and request that this Court extend the discovery
deadline by sixty (60) days. At this time, the parties are not seeking an extension of any other
STIPULATION FOR EXTENSION OF TIME(FIRST REQUEST) - 1

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Case 2:17-cv-01754-RFB-GWF Document 23 Filed 03/26/18 Page 2 of 4

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discovery deadlines but reserve the right to request in the future depending on adjudication of

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Plaintiff’s Motion for Leave to Amend, ECF Dkt. 8. In support of this Stipulation and Request,
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the parties state as follows:
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I.

DISCOVERY COMPLETED TO DATE

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1.

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On September 18, 2017, Plaintiff moved for leave to amend his complaint. ECF

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On September 15, 2018, Plaintiff served his Initial Disclosures.

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On August 4, 2017, Defendants filed their answers. ECF Dkt. 4, 5.

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Plaintiff filed the instant complaint on June 26, 2017. ECF Dkt. 1.

2.

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On September 28, 2017, the Court granted the parties’ stipulated protective order.

Dkt. 8.

ECF Dkt. 11.
6.

On October 10, 2017, the Court granted the parties’ stipulated discovery plan and

scheduling order. ECF Dkt. 17.
7.

On October 13, 2017, Plaintiff propounded his First Set of Requests for

Production and Interrogatories on Defendants.
8.

On November 17, 2017, Defendants responded to Plaintiff’s First Set of Requests

for Production and Interrogatories.

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9.

On December 9, 2017, Plaintiff served his First Supplemental Disclosures.

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10.

On December 12, 2017, the parties conducted a Rule 26-7 conference regarding

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Defendants’ responses to Plaintiff’s First Set of Requests for Production and Interrogatories.
11.

On January 25, 2018, Defendants provided their First Supplemental Responses to

Plaintiff’s First Set of Requests for Production and Interrogatories.
12.

On February 9, 2018, the parties submitted an interim status report. ECF Dkt. 22.

13.

On March 20, 2018, Plaintiff propounded his Second Amended Notes of

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Deposition on Defendants, setting the date of the depositions of both defendants for April 9,
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Case 2:17-cv-01754-RFB-GWF Document 23 Filed 03/26/18 Page 3 of 4

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2018.

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14.

On March 22, 2018, Plaintiff served his Second Supplemental Disclosures.

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B.

Specific Description of Discovery that Remains to be Completed

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1.

The depositions of Defendants;

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Depositions and discovery to any third party witnesses; and,

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Any necessary additional written discovery.

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C.

Reasons Why the Remaining Discovery Was Not Completed
The parties aver, pursuant to LR 6-1, that good cause and excusable neglect exists for the

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requested extension. Plaintiff propounded his notices of deposition timely on March 20, 2018,

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setting the depositions of Defendants for April 9, 2018; however, he was informed shortly

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thereafter that opposing counsel will be out of the country from April 6-20, making it impossible

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to take the depositions prior to the current discovery cutoff. Plaintiff only became aware of this

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fact after propounding the deposition notices. The parties have acted expeditiously to remedy

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this unexpected scheduling issue, and are working in good faith to arrange deposition dates, with

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depositions to occur likely in late April or early May.

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In order to facilitate the orderly process of taking Defendants’ depositions, the parties

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request a sixty (60) day extension of the discovery deadline. This is their first request to extend

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any of the case deadlines.

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//

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Case 2:17-cv-01754-RFB-GWF Document 23 Filed 03/26/18 Page 4 of 4

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D.

Proposed Discovery Deadlines

Event
Close of Discovery
Deadline to Amend Pleadings
Deadline to Disclose Initial
Experts
Deadline to Disclose Rebuttal
Experts
Dispositive Motions
Pre-Trial Order

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Current Deadline
April 11, 2018
January 11, 2018
February 12, 2018

Proposed New Deadline
June 11, 2018
May 11, 2018
Same
Same

March 14, 2018
May 11, 2018
June 11, 2018 (or 30 days
after dispositive motions are
adjudicated) 2

Same
June 11, 2018 1 July 11, 2018
July 11, 2018 (or 30 daysAugust 13, 2018
after dispositive motions are
adjudicated)

IT IS SO STIPULATED.
Dated March 26, 2018

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/s/ Miles N. Clark
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
Email: [e-mail]
Email: [e-mail]
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
Email: [e-mail]
Counsel for Plaintiff

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/s/ Michael R. Brooks
Michael R. Brooks, Esq.
Nevada Bar No. 7287
KOLESAR & LEATHAM
400 S. Rampart Boulevard, Suite 400
Las Vegas, NV 89145
Email: [e-mail]
Richard J. Reynolds, Esq.
BURKE, WILLIAMS & SORENSEN, LLP
1851 East First Street, Suite 1550
Santa Ana, CA 92705, CA 92705
Email: [e-mail]
Counsel for Defendants
Trinity Financial Services, LLC and Trinity
Recovery Services, LLC

ORDER
IT IS SO ORDERED.

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March 27,
Dated: ____ _____ 2018

UNITED STATES MAGISTRATE JUDGE

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June 10, 2018 is a Sunday.
June 10, 2018 is a Sunday.
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