Thomas v. Smith-Palluck Associates Corp.

Filing 41

ORDER granting 40 Stipulation to Extend Deadlines. Discovery due by 9/26/2018. Motions due by 10/29/2018. Proposed Joint Pretrial Order due by 11/28/2018. Signed by Magistrate Judge Carl W. Hoffman on 7/18/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02001-MMD-CWH Document 40 Filed 07/18/18 Page 1 of 4

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David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Phone: [phone]
FAX: [phone]
Email: [e-mail]

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Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
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Nevada Bar No. 13848
9 KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
10 Las Vegas, NV 89129
Phone: [phone]
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Fax: [phone]
12 Email: [e-mail]
Email: [e-mail]
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Attorneys for Plaintiff
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ANDREA THOMAS

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
ANDREA THOMAS,

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Plaintiff,
vs.

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SMITH-PALLUCK ASSOCIATES CORP.,
21 d/b/a LAS VEGAS ATHLETIC CLUBS,
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Case No. 2:17-cv-02001-MMD-CWH

Defendant.

STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
DEADLINES BY 30 DAYS
(Fourth Request)

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Pursuant to LR IA 6-1 and LR 26-4, plaintiff Andrea Thomas (“Plaintiff”) and

25 defendant Smith-Palluck Associates Corp., d/b/a Las Vegas Athletic Clubs (“LVAC”)
26 (together, the “Parties”), by and through their respective counsel of record, stipulate
27 to modify the Court’s Order, ECF No. 32, to extend all remaining discovery and
28 dispositive motion deadlines in the above-captioned case by approximately 30 days.

Case 2:17-cv-02001-MMD-CWH Document 40 Filed 07/18/18 Page 2 of 4

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The requested extension will allow the Parties to schedule and complete depositions

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in this action. The Parties have conferred and agree that this brief extension is the

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most reasonable, most economical, and least burdensome way to complete discovery

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in this case.

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This is the Parties’ fourth request for an extension to the scheduling order

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deadlines. The Parties make this request in good faith and not for purposes of

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delay.1

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I.

Discovery Completed and Remaining
The Parties have diligently pursued discovery. The Parties propounded and

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10 responded to written discovery requests, and the Parties served initial expert
11 disclosures. Plaintiff has taken the deposition of LVAC’s Rule 30(b)(6) designee and
12 three third-party depositions. LVAC scheduled Plaintiff’s deposition for July 18,
13 2018. However, due to illness, Plaintiff was unable to appear for her July 18, 2018
14 deposition and LVAC’s counsel will be unavailable to conduct Plaintiff’s deposition
15 until August 2018, which is after the current deadline to serve written discovery.
16 The Parties are in the process of conferring regarding certain pending discovery
17 matters, including additional third-party depositions.
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Good Cause Exists for the Requested Extension

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Good cause exists for the requested extension.

20 Plaintiff’s deposition for July 18, 2018.

LVAC timely scheduled

However, due to illness, Plaintiff was

21 unable to appear for her July 18, 2018 deposition and LVAC’s counsel will be
22 unavailable to conduct Plaintiff’s deposition until August 2018. Good cause exists
23 as Plaintiff’s illness was unforeseen and LVAC’s counsel are fully committed
24 through July and part of August 2018, necessitating an extension of the current
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The extended time for discovery allows the Parties to efficiently re-

26 schedule party depositions and schedule possible third-party depositions, for dates
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The Parties reserve all rights to seek additional extensions as circumstances may
warrant.
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Case 2:17-cv-02001-MMD-CWH Document 40 Filed 07/18/18 Page 3 of 4

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and times that minimize burdens upon the witnesses and counsel.

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reasons, the Parties believe their request for an extension should be granted.

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[Continued on the following page.]

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For these

Case 2:17-cv-02001-MMD-CWH Document 40 Filed 07/18/18 Page 4 of 4

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III.

Proposed Discovery Deadlines
The Parties request an order extending the deadlines for disclosure of

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rebuttal experts, discovery, dispositive motions, and the pre-trial order.

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extension is reasonable and necessary given the good cause set forth above.

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Event

Current Deadline2

New Deadline

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Disclosure of Rebuttal
Experts

July 30, 2018

August 29, 2018

Close of Discovery

August 27, 2018

September 26, 2018

Dispositive Motions

September 28, 2018

Pre-Trial Order

October 29, 2018

This

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November 28, 2018

IT IS SO STIPULATED.

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Respectfully submitted this 18th day of July, 2018.

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October 29, 20183

HAINES & KRIEGER, LLC

BALLARD SPAHR LLP

By: /s/ David H. Krieger, Esq.
David H. Krieger, Esq.
Nevada Bar No. 9086
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HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
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Henderson, Nevada 89123

By: /s/ Stacy H. Rubin, Esq.
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

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Matthew I. Knepper
Nevada Bar No. 12796
Miles N. Clark
Nevada Bar No. 13848
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave.
Suite 170-109
Las Vegas, NV 89129

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Attorneys for Plaintiff

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Attorneys for Defendant

ORDER
IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
July 18, 2018
DATED:

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See ECF No. 32.

Thirty days after September 28, 2018, falls on Sunday, October 28, 2018. The
28 deadline is thus advanced to the next judicial day.
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