Douglas v. Dreamdealers USA, LLC et al

Filing 20

ORDER Granting 19 Stipulation for Extension of Time re Discovery Deadlines (First Request). Discovery due by 7/31/2018. Motions due by 8/30/2018. Proposed Joint Pretrial Order due by 10/1/2018. Signed by Magistrate Judge Peggy A. Leen on 3/13/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02134-APG-PAL Document 19 Filed 03/12/18 Page 1 of 4

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WENDY M. KRINCEK, ESQ., Bar # 6417
MATTHEW T. CECIL, ESQ., Bar # 9525
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
Email:
[e-mail]
[e-mail]
Attorneys for Defendants,
DREAMDEALERS USA, LLC d/b/a EXOTICS RACING,
DAVID PERISSET, and
ROMAN THIEVAN

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EDWARD B. DOUGLAS, an individual,
Plaintiffs,

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vs.

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DREAMDEALERS USA, LLC d/b/a
EXOTICS RACING, A Nevada limited
liability company, DAVID PERISSET, an
individual, and ROMAN THIEVIN, an
individual,

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Case No. 2:17-cv-02134-APG-PAL
(Proposed) STIPULATION AND ORDER
TO EXTEND DISCOVERY DEADLINES
(FIRST REQUEST)

Defendant.

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Pursuant to Local Rules 6-1 and 26-4, Defendants, DREAMDEALERS USA, LLC d/b/a

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EXOTICS RACING, DAVID PERISSET, and ROMAN THIEVIN (hereinafter “Defendants”), and

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Plaintiff, EDWARD B. DOUGLAS (“Plaintiff”), by and through their respective attorneys of record,

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hereby stipulate to amend the Discovery Plan and Scheduling Order (ECF No. 13) by extending the

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outstanding discovery deadlines for a period of one-hundred-and-twenty (120) days. This is the first

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request for an extension to the discovery plan and scheduling order in this matter. The requested

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extension is sought in good faith and not for purposes of undue delay.

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I.

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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

COMPLIANCE WITH LR-26-4
Local Rule 26-4 and the Discover Plan and Scheduling Order provide that the parties’ request

Case 2:17-cv-02134-APG-PAL Document 19 Filed 03/12/18 Page 2 of 4

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to extend discovery must be submitted no later than 21 days prior to the date the parties seek to

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extend, otherwise the parties must show that the failure to timely submit the request was caused by

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excusable neglect. In this case, 21 days before the current April 2, 2018 discovery cutoff date is

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March 12, 2018. The parties timely submit this Stipulation on March 12, 2018.

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II.

DISCOVERY COMPLETED TO DATE

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The parties have exchanged initial disclosures pursuant to FRCP 26(a)(1). Plaintiff has

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propounded requests for production of documents and interrogatories, and Defendants have

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propounded requests for production of documents, interrogatories, and requests for admissions.

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III.

DISCOVERY THAT REMAINS TO BE COMPLETED

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The parties each need to respond to written discovery, and may need to propound additional

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written discovery. Defendants anticipate taking Plaintiff’s deposition and may need to take other

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depositions or serve third party subpoenas depending on Plaintiff’s discovery responses and

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deposition. Plaintiff anticipates taking depositions from Defendant Perisset, Defendant Theivin, and

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a 30(b)(6) witness from Defendant Dreamdealers. Plaintiff may need to take other depositions

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depending on Defendants’ discovery responses and depositions. The Parties agreed to continue the

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responses to the outstanding written discovery while they were engaged in settlement discussions.

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Settlement discussion recommenced between the parties at the ENE, which was held on January 16,

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2018, and have been ongoing in good faith since that date.

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IV.

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REASONS FOR EXTENSION TO COMPLETE DISCOVERY
Good cause exists to extend the discovery deadlines as requested. The Parties have been

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engaged in good faith settlement discussions since before the Complaint was filed.

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discussions resumed during the ENE on January 16, 2018 and have continued in good faith since the

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ENE.

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Accordingly, the parties have not wanted to upset their progress with (potentially contentious and

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costly) discovery and motion practice.

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The parties believe in good faith that there is a reasonable likelihood of settlement.

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If this matter does not settle, this extension is necessary to allow both parties ample time to

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complete all appropriate discovery. Specifically, additional time is needed to complete written

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discovery, subpoena third party records, and take depositions.
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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

Case 2:17-cv-02134-APG-PAL Document 19 Filed 03/12/18 Page 3 of 4

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The parties believe that barring any unforeseen circumstances, all necessary discovery can be
accomplished by the requested extended deadlines.

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REVISED DISCOVERY PLAN

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1. Discovery Cut-Off Deadline

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The discovery cut-off deadline shall be extended for 120 days from April 2, 2018 to
Tuesday, July 31, 2018.

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2. Dispositive Motions Deadline

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The parties shall file dispositive motions 30 days after the extended discovery cut-off date,

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and therefore, not later than Thursday, August 30, 2018.

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3. Joint Pretrial Order Deadline

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If no dispositive motions are filed, and unless otherwise ordered by this Court, the

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Joint Pretrial Order shall be filed 30 days after the date set for filing dispositive motions, and

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therefore, not later than Monday, October 1, 2018. In the event dispositive motions are filed, the

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date for filing the Joint Pretrial Order shall be suspended until 30 days after the Court enters a ruling

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on the dispositive motions or otherwise by further order of the Court.

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4. Interim Status Report Deadline

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The parties submitted an interim status report on Friday, June 1, 2018.

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5. Extensions or Modification of the Discovery Plan and Scheduling Order:

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In accordance with Local Rule 26-4, any stipulation or motion for modification or

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extension of this discovery plan and scheduling order must be made at least 21 days prior to the

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expiration of the subject deadline.

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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

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Case 2:17-cv-02134-APG-PAL Document 19 Filed 03/12/18 Page 4 of 4

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Accordingly, the parties stipulate, subject to the approval of this Court, to the following new
deadlines:
Deadline

Current Deadline

Revised Deadline

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Interim Status Report

Wednesday, January 31, 2018

Friday, June 1, 2018

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Discovery Cut-Off

Monday, April 2, 2018

Tuesday, July 31, 2018

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Dispositive Motions

Tuesday, May 1, 2018

Thursday, August 30, 2018

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Joint Pretrial Order

Thursday, May 31, 2018

Monday, October 1, 2018

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Dated: March 12, 2017

Dated: March 12, 2017

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Respectfully submitted,

Respectfully submitted,

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/s/ Dustin L. Clark
Dustin L. Clark, Esq.
Clark Law Counsel PLLC

/s/ Matthew T. Cecil
Wendy Medura Krincek, Esq.
Matthew T. Cecil, Esq.
Littler Mendelson, P.C.

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Attorney for Plaintiff

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Attorneys for Defendants

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IT IS SO ORDERED.

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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March 13, 2018
DATED: ___________________________
Firmwide:153246867.1 087825.1002

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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

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