Snap Lock Industries, Inc. v. Swisstrax Corporation

Filing 65

ORDER granting 63 Motion to Amend Discovery Plan and Scheduling Order; Signed by Magistrate Judge Peggy A. Leen on 7/12/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02742-RFB-PAL Document 63 Filed 07/10/18 Page 1 of 4

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J. Stephen Peek
Nevada Bar No. 1758
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Brett L. Foster (pro hac vice admission)
Tamara L. Kapaloski (pro hac vice admission)
DORSEY & WHITNEY LLP
111 S. Main Street Suite 2100
Salt Lake City, UT 84111-2176
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Snap Lock Industries, Inc.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SNAP LOCK INDUSTRIES, INC.,

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Plaintiff,
vs.

Case No. 2:17-cv-02742-RFB-PAL
JOINT MOTION AND STIPULATION TO
AMEND DISCOVERY PLAN AND
SCHEDULING ORDER
(SECOND REQUEST)

SWISSTRAX CORPORATION,

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Defendant.

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Pursuant to Local Rule 26-4 and Local Rule IA 6-1, Plaintiff Snap Lock Industries, Inc.

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(“Snap Lock”) and Defendant Swisstrax Corporation (“Swisstrax”) hereby respectfully jointly move

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this Court for an entry of an Amended Discovery Plan And Scheduling Order.

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1.

On May 8, 2018, the Court entered a Discovery Plan and Scheduling Order (the

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“Scheduling Order”) in this case, which set several case deadlines. See ECF No. 59. The Scheduling

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Order scheduled the discovery deadline on September 10, 2018, the dispositive motions deadline on

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October 10, 2018, and the deadline for filing the joint pretrial order on November 9, 2018. See id.

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Case 2:17-cv-02742-RFB-PAL Document 63 Filed 07/10/18 Page 2 of 4

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2.

In conformance with LR 26-1, the Scheduling Order provided that the last date to

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disclose experts pursuant to Fed. R. Civ. P. 26(a)(2) was July 11, 2018, and the last date to disclose

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rebuttal experts was August 10, 2018. See ECF No. 59.

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3.

On May 18, 2018, the parties jointly requested that the discovery cutoff, dispositive

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motion deadline, and date for filing the joint pretrial order each be extended by approximately five

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weeks. See ECF No. 61.

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4.

On May 22, 2018, the Court entered an Order extending the discovery cutoff,

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dispositive motion, and date for filing the joint pretrial order as requested in the parties’ motion. See

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ECF No. 62.

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5.

Due to extraordinary circumstances relating to both the parties and counsel, no

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discovery has been completed in this action to date, beyond the disclosures provided in the parties’

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briefings on the pending motion for preliminary injunction and in the parties’ initial disclosures.

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6.

To provide the parties sufficient time to conduct written discovery and depositions

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prior to the deadline for filing expert disclosures under Rule 26(a)(2), and to conform the Scheduling

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Order with LR 26-1, which provides that the deadline for expert disclosures be 60 days prior to the

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discovery cut-off and that rebuttal-expert disclosures be made 30 days after the initial disclosure of

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experts, both parties hereby jointly request the Court to modify the deadlines in the Scheduling Order

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such that the last date to disclose experts pursuant to FRCP 26(a)(2) be extended from July 11, 2018

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to August 20, 2018 and the last date to disclose rebuttal experts be extended from August 10, 2018 to

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September 28, 2018.

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7.

This is the first request for an extension of these deadlines.

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8.

Good cause exists for this request. No written discovery or depositions have been

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completed to date and modifying the deadlines for expert disclosures will permit the parties to take

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discovery in this action in order to properly evaluate the issues in the case and prepare thorough

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expert reports. This request will also conform the Scheduling Order in this case to LR 26-1. No

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party will be prejudiced by the extension requested.

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9.

For these reasons, the parties respectfully request that the Court grant this Joint

Motion and extend the deadlines in the Scheduling Order as follows:

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Case 2:17-cv-02742-RFB-PAL Document 63 Filed 07/10/18 Page 3 of 4

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Deadline

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Existing Date per Scheduling
Order (ECF No. 59)

Proposed New Date

July 11, 2018

August 20, 2018

August 10, 2018

September 28, 2018

Last date to disclose experts
pursuant to Fed. R. Civ. P.
26(a)(2)
Last date to disclose rebuttal
experts

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10.

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The parties propose that all other deadlines remain as set in the current Scheduling

Order.
Dated this 10th day of July, 2018.

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DORSEY & WHITNEY LLP

DICKINSON WRIGHT PLLC

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/s/ Tamara L. Kapaloski
Brett L. Foster
Tamara L. Kapaloski
Dorsey & Whitney, LLP
111 South Main Street, Suite 2100
Salt Lake City, UT 84111-2176
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

/s/ Steven A. Caloiaro
John L. Krieger
Steven A. Caloiaro
8363 West Sunset Road, Suite 200
Las Vegas, NV 89113
Email: [e-mail]
Email: [e-mail]

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ORDER

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IT IS SO ORDERED:

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____________________________________
Hon. Peggy A. Leen
United States Magistrate Judge

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DATED: July 12, 2018

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