McNamara v. Patten et al

Filing 88

ORDER granting 87 STIPULATION FOR EXTENSION OF TIME (Third Request) re Discovery Expert Disclosure Date (Only) 84 Scheduling Order. Expert Disclosure's due on 8/28/2020. Signed by Magistrate Judge Nancy J. Koppe on 7/2/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-02968-GMN-NJK Document 87 Filed 07/01/20 Page 1 of 3

1
2
3
4
5
6
7
8
9
10
11

Christopher M. Ferguson (NY Bar 368517)
[e-mail]
Sharon L. McCarthy (NY Bar 2348639)
[e-mail]
KOSTELANETZ & FINK, LLP
7 World Trade Center, 34th Floor
New York, New York 10007
Tel.: [phone]
Admitted Pro Hac Vice
Jacob L. Fonnesbeck (NV Bar 11961)
[e-mail]
SMITH WASHBURN, LLP
6871 Eastern Avenue, Suite 101
Las Vegas, Nevada 89119
Tel: [phone]
Attorneys for Defendants

12

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

13
14
15
16
17
18
19
20
21
22
23

THOMAS W. MCNAMARA, as the CourtAppointed Monitor for AMG Capital
Management, LLC; BA Services LLC; Black
Creek Capital Corporation; Broadmoor Capital
Partners, LLC; Park 269, LLC; C5 Capital
LLC; DF Services Corp.; DFTW Consolidated
[UC] LLC; Impact BP LLC; Level 5 Apparel
LLC; Level 5 Capital Partners LLC; Level 5
Eyewear LLC; Level 5 Motorsports, LLC;
Level 5 Scientific LLC; NM Service Corp.
(f/k/a/ National Money Service); PSB Services
LLC; Real Estate Capital LLC (f/k/a/ Rehab
Capital I, LLC); Sentient Technologies; ST
Capital LLC; Westfund LLC; Eclipse
Renewables Holdings LLC; Scott Tucker
Declaration of Trust, dated February 20, 2015;
West Race Cars, LLC; and Level 5
Management LLC; and their successors,
assigns, affiliates, and subsidiaries,

24
25
26
27
28

Plaintiff,
v.
GARY PATTEN, an individual; PANO
ADVISORS, INC., a Nevada corporation;
DOES I-X; and ROE CORPORATIONS I-X,
Defendants.

Case No. 2:17-cv-02968-GMN-NJK
STIPULATION AND ORDER TO AMEND
THE DISCOVERY PLAN AND
SCHEDULING ORDER
(Third Request – Expert Disclosure Date
Only)
Assigned to: Chief Judge Gloria M. Navarro

Case 2:17-cv-02968-GMN-NJK Document 87 Filed 07/01/20 Page 2 of 3

1

Pursuant to Fed. R. Civ. P. 16(b)(4), LR IA 6-1, LR IA 6-2, and LR 26-4, Plaintiff

2

Thomas W. McNamara, in his capacity as the Court-appointed Monitor in Federal Trade

3

Commission v. AMG Services, Inc., et al., District of Nevada, Case No. 2:12-cv-00536-GMN-

4

VCF, and Defendants Gary Patten and Pano Advisors, Inc., jointly stipulate, subject to the

5

Court’s approval, to extend the expert disclosure deadline dates in the Court’s current

6

Scheduling Order (D.E. No. 84) to August 28, 2020 in light of the unusual circumstances

7

caused by COVID-19. Good cause exists to approve this stipulation, as explained below.

8

The expert disclosure deadline is currently scheduled for July 22, 2020. While the

9

parties have twice requested that the Court amend the scheduling order in response to the case’s

10

unique procedural posture (whereby an earlier dismissal was later vacated) and again during the

11

initial phase of the COVID-19 national emergency, the current request is limited to the expert

12

disclosure deadline. The proposed expert disclosure deadline extension will not affect the

13

other current scheduled deadlines, including those for dispositive motions. This stipulation

14

is timely in the sense that it will not be within 21 days of the current expert disclosure deadline.

15

See LR 26-4.
The parties have been working diligently to complete fact discovery in this matter. The

16
17

parties are currently in the process of taking depositions and have exchanged thousands of

18

pages of documents. The parties expect fact discovery to conclude with the existing deadline.

19

Originally, the parties requested a discovery schedule that tied the deadline for expert

20

disclosures to the end of fact discovery, with the expectation that depositions and document

21

exchanges would be finished well before the fact discovery deadline. However, due to COVID-

22

19 related difficulties and hurdles, the exchange of information and document has been slower

23

than originally anticipated. Accordingly, the parties agreed to seek an extension of the current

24

expert disclosure deadline to August 28, 2020. The parties believe that the requested extension

25

is needed to allow the attorneys time to review materials exchanged in fact discovery, provide

26

the anticipated experts with sufficient time to analyze the exchanged information, and to render

27

their opinions in their expert reports.

28

//
1

Case 2:17-cv-02968-GMN-NJK Document 87 Filed 07/01/20 Page 3 of 3

Proposed Schedule for Completing Expert Disclosures

1

The parties seek to amend the Scheduling Order as follows:

2
3
4

Existing Date
1.

Proposed Date

July 22, 2020

August 28, 2020

Expert disclosures

5
CONCLUSION
6
For the above-stated reasons, the parties respectfully request that this Court enter an
7
Order granting this Stipulation to Amend the Discovery Plan and Scheduling Order to reflect
8
the above proposed expert disclosure deadline.
9
10
Dated: July 1, 2020

Dated: July 1, 2020

MCNAMARA SMITH LLP

KOSTELANETZ & FINK, LLP

/s/ Andrew M. Greene
Andrew M. Greene (Pro Hac Vice)
Edward Chang (NV 11783)
Logan D. Smith (Pro Hac Vice)
655 West Broadway, Suite 1680
San Diego, California 92101
Tel.: [phone]
Fax: [phone]

/s/ Christopher M. Ferguson
Sharon L. McCarthy (Pro Hac Vice)
Christopher M. Ferguson (Pro Hac Vice)
Kostelanetz & Fink, LLP
7 World Trade Center, 34th Floor
New York, NY 10007
Tel.: [phone]

11
12
13
14
15
16
17
18
19
20
21

Jacob L. Fonnesbeck
SMITH WASHBURN, LLP
6871 Eastern Avenue, Suite 101
Las Vegas, NV 89119
Tel: [phone]

Michael F. Lynch (NV 8555)
LYNCH LAW PRACTICE, PLLC
3613 S. Eastern Ave.
Las Vegas, Nevada 89169
Tel.: [phone]
Fax: [phone]

Attorneys for Defendants Gary Patten and
Pano Advisors, Inc.

Attorneys for Court-Appointed Monitor,
Thomas W. McNamara

22
23

IT IS SO ORDERED:

24
25

NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

26
27

DATED:

28
2

July 2, 2020