McNamara v. Hallinan et al
Filing
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ORDER granting 83 Unopposed Motion. Discovery due by 5/24/2019. Motions due by 8/9/2019. Proposed Joint Pretrial Order due by 9/13/2019. Signed by Magistrate Judge Nancy J. Koppe on 3/19/2019. (Copies have been distributed pursuant to the NEF - MMM)
Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 1 of 7
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SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6803
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LAWRENCE J. SEMENZA, III, Esq., Bar No. 7174
Email: ljs@skrlawyers.com
CHRISTOPHER D. KIRCHER, Esq., Bar No. 11176
Email: cdk@skrlawyers.com
JARROD L. RICKARD, Esq., Bar No. 10203
Email: jlr@skrlawyers.com
SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6803
Facsimile: (702) 920-8669
Adam Petitt, Esq. (admitted Pro Hac Vice)
STRADLEY RONON STEVENS & YOUNG, LLP
2005 Market Street, Suite 2600
Philadelphia, PA 19103-7018
Telephone: (215) 564-8130
Facsimile: (215) 564-8120
Attorneys for Defendants
Charles M. Hallinan and Hallinan Capital Corp.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
THOMAS W. MCNAMARA, as the CourtAppointed Monitor for AMG Capital Management,
LLC, et al,
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Plaintiff,
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v.
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Case No. 2:17-cv-02966 (KJD) (NJK)
UNOPPOSED MOTION TO
AMEND THE DISCOVERY PLAN
AND SCHEDULING ORDER
CHARLES M. HALLINAN, et al,
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(Fourth Request)
Defendants.
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Defendants Charles M. Hallinan ("Hallinan") and Hallinan Capital Corp. (collectively,
referred to as "Defendants") hereby request, and Plaintiff does not oppose, an extension to the
dates and deadlines set forth in the discovery plan and scheduling order (ECF No. 27, as amended
at ECF Nos. 39, 53, and 69). The earliest deadline set by the current Scheduling Order is the fact
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Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 2 of 7
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discovery cut-off of April 5, 2019. Accordingly, this Motion is timely under LR 26-4. 1 The
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parties have met and conferred to discuss the extension and Plaintiff does not oppose Defendants'
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request, but reports that he is otherwise prepared to complete discovery within the current
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deadlines.
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Pursuant to Fed. R. Civ. P. 16(b)(4), LR IA 6-1, LR IA 6-2, and LR 26-4, Defendants
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submit that good cause exists to approve this extension. As detailed below, Defendants are
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requesting, and Plaintiff does not oppose, additional time to reschedule and complete the
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depositions of witnesses including Hallinan's daughters, Linda and Carolyn Hallinan. Defendants
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are also coordinating a deposition date for the Plaintiff and at least one additional percipient
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witness.
A. Completed Discovery
SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6803
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The following discovery has occurred:
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Plaintiff has served Defendants with the following items:
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1. Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1);
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2. First Set of Interrogatories;
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3. First Set of Requests for Production of Documents;
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4. First Set of Requests for Admissions;
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5. Responses to Defendants’ First Set of Interrogatories;
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6. Responses to Defendants’ First Set of Requests for Production;
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7. Rule 30(b)(6) deposition notice on Defendant Hallinan Capital Corp.;
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8. First Set of Requests for Admissions to Hallinan Capital Corp.;
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9. Notice of Deposition By Written Question of Charles M. Hallinan
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///
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This Motion was originally submitted on March 15, 2019, and denied without prejudice
pursuant to IA 6-2. (ECF No. 82.)
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Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 3 of 7
Defendants have served Plaintiff with the following items:
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1. Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1);
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2. Responses to Plaintiff’s First Set of Interrogatories;
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3. Supplemental Responses to Plaintiff’s First Set of Interrogatories;
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4. Responses to Plaintiff’s First Set of Requests for Production;
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5. Supplemental Responses to Plaintiff’s First Set of Request for Production of
Documents;
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6. First Set of Interrogatories;
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7. First Set of Requests for Production of Documents;
8. Deposition Notice to Monitor, Thomas W. McNamara
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SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6803
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9. Deposition Notice to Lisa Jones
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Witness and party depositions as well as the third-party depositions of Linda Hallinan and
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Carolyn Hallinan have yet to occur. On January 24, 2019, Plaintiff filed a Motion to Compel
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(ECF No. 68), which was denied without prejudice on February 25, 2019 (ECF No. 77).
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Following additional meet and confers, Plaintiff filed a renewed Motion to Compel on March 13,
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2019 (ECF No. 80). Defendants’ response to that motion is currently due March 18, 2019, and
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Plaintiff’s reply is due March 20, 2019.
Also, Defendants’ motion to dismiss the Complaint (ECF No. 17) is pending before the
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Court and pleadings are still open.
B.
Incomplete Discovery
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The parties have exchanged written discovery and produced responsive documents.
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Defendants do not intend to produce additional documents. Plaintiff has produced documents on
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a rolling basis and has recently advised Defendants that he will be making another document
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production the week of March 18, 2019. In addition to correspondence and other responsive
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documents, Plaintiff has advised that the anticipated production will include various QuickBooks
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files. The parties are finalizing dates for party depositions and the third-party depositions of
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Carolyn and Linda Hallinan.
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Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 4 of 7
C. Reasons to Extend Discovery Deadlines
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Defendants request, and Plaintiff does not oppose, an extension of the current fact
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discovery deadline for the limited purpose of scheduling and conducting party depositions and the
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third-party depositions of Linda Hallinan and Carolyn Hallinan. Defendants’ request is based on
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their desire to review the documents and QuickBooks files that Plaintiff will produce the week of
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March 18, 2019. Plaintiff’s claims against Defendants seek to claw back more than $75 million
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worth of alleged fraudulent transfers over a 20-year period of time that dates back to 1997. Once
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Plaintiff has completed his document productions, Defendants seek only additional time to review
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these records relating to the alleged transfers and complete party depositions and the third-party
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depositions of Linda and Carolyn Hallinan. In addition to the depositions of Linda and Carolyn
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SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6803
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Hallinan in the present case as third-party witnesses, the Monitor is also seeking their depositions
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as party defendants in a similar lawsuit brought by the Monitor that is pending before the Court
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(McNamara v. Linda Hallinan, et al., No 2:17-cv-02967-GMN-PAL (D. Nev.)). In her direct
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case, and the present case as a third-party witness, Linda Hallinan has recently obtained new
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counsel that is working diligently towards learning the history of both cases. As Linda and
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Carolyn Hallinan will be deposed in both matters and necessitate cross-country travel, the parties
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are working together to schedule these depositions in the most efficient and cost-effective
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manner. This requested extension of discovery will allow the parties sufficient time to complete
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the necessary depositions and then resolve any related discovery issues should they arise.
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///
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Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 5 of 7
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D. Proposed Schedule for Completing All Remaining Discovery
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Defendants seeks to amend the Scheduling Order as follows:
Current Date
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Proposed New Date
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1.
Fact discovery cut-off
April 5, 2019
May 24, 2019 2
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2.
Expert discovery cut-off
April 5, 2019
May 24, 2019
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Interim status report
December 21, 2018
December 21, 2018
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Expert disclosures
December 21, 2018
December 21, 2018
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Rebuttal expert designations
January 21, 2019
January 21, 2019
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Dispositive motions
July 2, 2019
August 9, 2019
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Pretrial order*
August 5, 2019
September 13, 2019
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SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6803
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As the Court is aware, in the event dispositive motions are filed, the date for filing the
joint pretrial order shall be suspended until 30 days after a decision of the dispositive motions.
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In her direct case, also on March 15, 2019, counsel for Linda Hallinan filed an unopposed
motion to extend her fact discovery deadline until May 24, 2019. As such, Defendants also
request an extension to May 24, 2019, to further coordinate the scheduling of depositions between
the two cases.
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Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 6 of 7
CONCLUSION
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For the above-stated reasons, Defendants respectfully request, and Plaintiff does not
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oppose, that this Court enter an Order amending the Discovery Plan and Scheduling Order using
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the new deadlines noted above.
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DATED this 18th day of March, 2019.
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SEMENZA KIRCHER RICKARD
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/s/ Jarrod L. Rickard
Lawrence J. Semenza, III, Esq., Bar No. 7174
Christopher D. Kircher, Esq., Bar No. 11176
Jarrod L. Rickard, Esq., Bar No. 10203
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
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SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6803
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Adam J. Petitt (admitted Pro Hac Vice)
STRADLEY RONON STEVENS & YOUNG, LLP
2005 Market St., Suite 2600
Philadelphia, PA 19103
Attorneys for Defendants
Charles M. Hallinan and Hallinan Capital Corp.
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IT IS SO ORDERED.
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__________________________________________
UNITED STATES MAGISTRATE JUDGE
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March 19, 2019
DATED: __________________________________
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