McNamara v. Hallinan et al

Filing 85

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)

Download PDF
Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 SEMENZA KIRCHER RICKARD 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: (702) 835-6803 11 12 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. 13 UNITED STATES DISTRICT COURT 14 15 16 DISTRICT OF NEVADA THOMAS W. MCNAMARA, as the CourtAppointed Monitor for AMG Capital Management, LLC, et al, 17 Plaintiff, 18 v. 19 Case No. 2:17-cv-02966 (KJD) (NJK) UNOPPOSED MOTION TO AMEND THE DISCOVERY PLAN AND SCHEDULING ORDER CHARLES M. HALLINAN, et al, 20 (Fourth Request) Defendants. 21 22 23 24 25 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 26 27 28 1 Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 2 of 7 1 discovery cut-off of April 5, 2019. Accordingly, this Motion is timely under LR 26-4. 1 The 2 parties have met and conferred to discuss the extension and Plaintiff does not oppose Defendants' 3 request, but reports that he is otherwise prepared to complete discovery within the current 4 deadlines. 5 Pursuant to Fed. R. Civ. P. 16(b)(4), LR IA 6-1, LR IA 6-2, and LR 26-4, Defendants 6 submit that good cause exists to approve this extension. As detailed below, Defendants are 7 requesting, and Plaintiff does not oppose, additional time to reschedule and complete the 8 depositions of witnesses including Hallinan's daughters, Linda and Carolyn Hallinan. Defendants 9 are also coordinating a deposition date for the Plaintiff and at least one additional percipient 10 witness. A. Completed Discovery SEMENZA KIRCHER RICKARD 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: (702) 835-6803 11 12 The following discovery has occurred: 13 Plaintiff has served Defendants with the following items: 14 1. Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1); 15 2. First Set of Interrogatories; 16 3. First Set of Requests for Production of Documents; 17 4. First Set of Requests for Admissions; 18 5. Responses to Defendants’ First Set of Interrogatories; 19 6. Responses to Defendants’ First Set of Requests for Production; 20 7. Rule 30(b)(6) deposition notice on Defendant Hallinan Capital Corp.; 21 8. First Set of Requests for Admissions to Hallinan Capital Corp.; 22 9. Notice of Deposition By Written Question of Charles M. Hallinan 23 24 25 /// 26 27 28 1 This Motion was originally submitted on March 15, 2019, and denied without prejudice pursuant to IA 6-2. (ECF No. 82.) 2 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: 1 2 1. Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1); 3 2. Responses to Plaintiff’s First Set of Interrogatories; 4 3. Supplemental Responses to Plaintiff’s First Set of Interrogatories; 5 4. Responses to Plaintiff’s First Set of Requests for Production; 6 5. Supplemental Responses to Plaintiff’s First Set of Request for Production of Documents; 7 8 6. First Set of Interrogatories; 9 7. First Set of Requests for Production of Documents; 8. Deposition Notice to Monitor, Thomas W. McNamara 11 SEMENZA KIRCHER RICKARD 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: (702) 835-6803 10 9. Deposition Notice to Lisa Jones 12 Witness and party depositions as well as the third-party depositions of Linda Hallinan and 13 Carolyn Hallinan have yet to occur. On January 24, 2019, Plaintiff filed a Motion to Compel 14 (ECF No. 68), which was denied without prejudice on February 25, 2019 (ECF No. 77). 15 Following additional meet and confers, Plaintiff filed a renewed Motion to Compel on March 13, 16 2019 (ECF No. 80). Defendants’ response to that motion is currently due March 18, 2019, and 17 Plaintiff’s reply is due March 20, 2019. Also, Defendants’ motion to dismiss the Complaint (ECF No. 17) is pending before the 18 19 20 Court and pleadings are still open. B. Incomplete Discovery 21 The parties have exchanged written discovery and produced responsive documents. 22 Defendants do not intend to produce additional documents. Plaintiff has produced documents on 23 a rolling basis and has recently advised Defendants that he will be making another document 24 production the week of March 18, 2019. In addition to correspondence and other responsive 25 documents, Plaintiff has advised that the anticipated production will include various QuickBooks 26 files. The parties are finalizing dates for party depositions and the third-party depositions of 27 Carolyn and Linda Hallinan. 28 3 Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 4 of 7 C. Reasons to Extend Discovery Deadlines 1 Defendants request, and Plaintiff does not oppose, an extension of the current fact 3 discovery deadline for the limited purpose of scheduling and conducting party depositions and the 4 third-party depositions of Linda Hallinan and Carolyn Hallinan. Defendants’ request is based on 5 their desire to review the documents and QuickBooks files that Plaintiff will produce the week of 6 March 18, 2019. Plaintiff’s claims against Defendants seek to claw back more than $75 million 7 worth of alleged fraudulent transfers over a 20-year period of time that dates back to 1997. Once 8 Plaintiff has completed his document productions, Defendants seek only additional time to review 9 these records relating to the alleged transfers and complete party depositions and the third-party 10 depositions of Linda and Carolyn Hallinan. In addition to the depositions of Linda and Carolyn 11 SEMENZA KIRCHER RICKARD 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: (702) 835-6803 2 Hallinan in the present case as third-party witnesses, the Monitor is also seeking their depositions 12 as party defendants in a similar lawsuit brought by the Monitor that is pending before the Court 13 (McNamara v. Linda Hallinan, et al., No 2:17-cv-02967-GMN-PAL (D. Nev.)). In her direct 14 case, and the present case as a third-party witness, Linda Hallinan has recently obtained new 15 counsel that is working diligently towards learning the history of both cases. As Linda and 16 Carolyn Hallinan will be deposed in both matters and necessitate cross-country travel, the parties 17 are working together to schedule these depositions in the most efficient and cost-effective 18 manner. This requested extension of discovery will allow the parties sufficient time to complete 19 the necessary depositions and then resolve any related discovery issues should they arise. 20 21 22 23 24 25 26 27 28 /// 4 Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 5 of 7 1 D. Proposed Schedule for Completing All Remaining Discovery 2 Defendants seeks to amend the Scheduling Order as follows: Current Date 3 Proposed New Date 4 1. Fact discovery cut-off April 5, 2019 May 24, 2019 2 5 2. Expert discovery cut-off April 5, 2019 May 24, 2019 3. Interim status report December 21, 2018 December 21, 2018 4. Expert disclosures December 21, 2018 December 21, 2018 5. Rebuttal expert designations January 21, 2019 January 21, 2019 10 6. Dispositive motions July 2, 2019 August 9, 2019 11 7. Pretrial order* August 5, 2019 September 13, 2019 6 7 8 SEMENZA KIRCHER RICKARD 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: (702) 835-6803 9 12 13 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. 14 15 16 17 18 19 20 21 22 23 24 /// 25 26 27 28 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. 5 2 Case 2:17-cv-02966-GMN-NJK Document 83 Filed 03/18/19 Page 6 of 7 CONCLUSION 1 2 For the above-stated reasons, Defendants respectfully request, and Plaintiff does not 3 oppose, that this Court enter an Order amending the Discovery Plan and Scheduling Order using 4 the new deadlines noted above. 5 DATED this 18th day of March, 2019. 6 SEMENZA KIRCHER RICKARD 7 /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 8 9 10 SEMENZA KIRCHER RICKARD 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Telephone: (702) 835-6803 11 12 13 14 15 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. 16 17 IT IS SO ORDERED. 18 19 20 __________________________________________ UNITED STATES MAGISTRATE JUDGE 21 22 March 19, 2019 DATED: __________________________________ 23 24 25 26 27 28 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?