Douglas v. Dreamdealers USA, LLC et al

Filing 30

ORDER Granting 29 Third Stipulation for Extension re Dispositive Motions Deadline. Motions due by 11/15/2018. Proposed Joint Pretrial Order due by 12/17/2018. No further extensions will be allowed. Signed by Magistrate Judge Peggy A. Leen on 9/12/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02134-APG-PAL Document 29 Filed 09/10/18 Page 1 of 4

1
2
3
4
5
6
7
8

WENDY M. KRINCEK, ESQ., Bar # 6417
MARCUS B. SMITH, ESQ., Bar # 12098
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 Thievin
UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12

EDWARD B. DOUGLAS, an individual,
Plaintiffs,

13
14
15
16
17

Case No. 2:17-cv-02134-APG-PAL

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

PROPOSED STIPULATION AND ORDER
TO EXTEND DISPOSITIVE MOTIONS
DEADLINE
(THIRD REQUEST)

Defendant.

18
19

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

20

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

21

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

22

hereby stipulate to amend the Discovery Plan and Scheduling Order (ECF No. 27) by extending the

23

outstanding discovery deadlines for a period of forty-five (45) days. This is the third request for an

24

extension to the discovery plan and scheduling order in this matter. The requested extension is

25

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

26

///

27

///

28
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 29 Filed 09/10/18 Page 2 of 4

1

I.

COMPLIANCE WITH LR-26-4

2

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

3

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

4

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

5

excusable neglect. In this case, 21 days before the current October 1, 2018 dispositive motion

6

deadline is September 10, 2018—today.

7

II.

The parties have completed all discovery.

8
9

III.

DISCOVERY THAT REMAINS TO BE COMPLETED
Discovery is closed.

10
11

DISCOVERY COMPLETED TO DATE

12

REASONS WHY THE DEADLINE WAS NOT SATISFIED OR THE REMAINING
DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS SET BY THE
DISCOVERY PLAN

13

All discovery has been completed within the time limits set by the discovery plan. The only

14

remaining deadlines are (1) the deadline to file dispositive motions and (2) the deadline to submit a

15

joint pre-trial order. Good cause exists to extend these remaining deadlines. The Parties only

16

recently completed conducting depositions and exchanging supplemental discovery and, as such,

17

additional time is needed to analyze the above and prepare dispositive motions. In addition, the

18

length of the requested extension (45 days) is necessary because counsel for defendant is preparing

19

for trial in October. Further, now that discovery has closed, the parties intend to resume settlement

20

discussions.

21
22

IV.

The parties believe that barring any unforeseen circumstances, dispositive motions can be
accomplished by the requested extended deadlines.

23

REVISED DISCOVERY PLAN

24

1. Dispositive Motions Deadline

25

The parties shall file dispositive motions 45 days after the discovery cut-off date, and

26

therefore, not later than November 15, 2018.

27

2. Joint Pretrial Order Deadline

28

If no dispositive motions are filed, and unless otherwise ordered by this Court, the Joint
2.

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 29 Filed 09/10/18 Page 3 of 4

1

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

2

not later than December 17, 2018. In the event dispositive motions are filed, the date for filing the

3

Joint Pretrial Order shall be suspended until 30 days after the Court enters a ruling on the dispositive

4

motions or otherwise by further order of the Court.

5

4. Interim Status Report Deadline

6

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

7

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

8

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

9

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

10

the subject deadline.

11

///

12

///

13

///

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

3.

Case 2:17-cv-02134-APG-PAL Document 29 Filed 09/10/18 Page 4 of 4

1
2
3

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

Current Deadline

Revised Deadline

4

Dispositive Motions

Monday, October 1, 2018

Thursday, November 15, 2018

5

Joint Pretrial Order

Wednesday, October 31, 2018

Monday, December 17, 2018

6

Dated: September 10, 2018

Dated: September 10, 2018

7

Respectfully submitted,

Respectfully submitted,

10

/s/ Dustin L. Clark
DUSTIN L. CLARK, ESQ.
CLARK LAW COUNSEL PLLC

11

Attorney for Plaintiff

/s/ Marcus B. Smith
WENDY M. KRINCEK, ESQ.
MARCUS B. SMITH, ESQ.
LITTLER MENDELSON, P.C.

8
9

12
13
14
15

Attorneys for Defendants
ORDER

IT IS SO ORDERED.
IT IS SO ORDERED.
IT IS FURTHER ORDERED that no further extensions will be allowed.
September 12
Dated: _____________________, 2018.

16
17
18

_______________________________________
UNITED STATES MAGISTRATE JUDGE

19
20

Firmwide:156957425.1 087825.1002

21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

4.