Asbell v. Experian Information Solutions, Inc. et al

Filing 27

ORDER granting 26 Stipulation; Discovery due by 8/23/2018. Motions due by 9/24/2018. Proposed Joint Pretrial Order due by 10/22/2018. Signed by Magistrate Judge Peggy A. Leen on 6/6/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-03122-JCM-PAL Document 26 Filed 05/23/18 Page 1 of 5

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Michael Kind, Esq. (SBN: 13903)
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148
Phone: [phone] x7
Fax: [phone]
[e-mail]

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David H. Krieger, Esq. (SBN: 9086)
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Ste. 350
Henderson, NV 89123
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff Keith H. Asbell

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Keith H. Asbell,

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Plaintiff,
v.
Experian Information Solutions,
Inc. and Trans Union LLC

Case No. 2:17-cv-03122-JCM-PAL
Joint Stipulation and Order to
Extend Discovery
(First Request)

Defendants.

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______________________________________________________________________________________________________
STIPULATION TO EXTEND DISCOVERY
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CASE NO.: 2:17-cv-03122-JCM-PAL

Case 2:17-cv-03122-JCM-PAL Document 26 Filed 05/23/18 Page 2 of 5

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Plaintiffs Keith H. Asbell (“Plaintiff”) and Experian Information Solutions, Inc.

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(“Defendant” and together with Plaintiff as the “Parties”) by and through their

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counsel of record hereby stipulate to modify the Court’s Order, ECF No. 13, to

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extend:

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(1) the last date to disclose experts from May 24, 2018, to June 25, 2018

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(2) the last date to disclose rebuttal experts from June 25, 2018, to July 25,

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2018

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(3) the last date to complete discovery from July 23, 2018, to August 23, 2018;

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(4) the last date to file dispositive motions from August 22, 2018, to

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September 24, 2018; and
(5) the last date to file the proposed joint pretrial order from September 21,
2018, to October 22, 2018.

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Pursuant to LR 26-4, good cause exists to amend the Scheduling Order. The

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Parties have diligently engaged in written discovery. Plaintiff has propounded written

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discovery requests and is continuing to meet and confer with Defendant regarding

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documents withheld because of the lack of a Protective Order (which has since been

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entered). As set forth in Defendant’s discovery responses, it agreed to supplement

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upon entry of the protective order and will do so. Experian has also served written

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discovery requests to Plaintiff.

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The Parties ran into scheduling conflicts with Experian’s Rule 30(b)(6) witness

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and Plaintiff has now noticed Experian’s deposition for June 1, 2018. Experian’s

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witness is not available on June 1st, and Experian will provide Plaintiff with

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alternative dates. Experian has noticed Plaintiff’s deposition for July 16, 2018. To

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the extent that date does not work for Plaintiff, Experian will endeavor to find a

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mutually convenient date for the parties. Plaintiff will seek to disclose an expert after

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Defendant’s deposition and there is therefore good cause to extend the expert

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disclosure deadline until after Defendant discloses its documents and after

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Defendant’s deposition. Plaintiff will also now seek third party discovery from Wells
______________________________________________________________________________________________________
STIPULATION TO EXTEND DISCOVERY
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CASE NO.: 2:17-cv-03122-JCM-PAL

Case 2:17-cv-03122-JCM-PAL Document 26 Filed 05/23/18 Page 3 of 5

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Fargo Home Mortgage since Experian is denying it received credit reporting from

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Wells Fargo Home Mortgage. The Parties are also actively discussing resolution of

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this case. This request for extension of deadlines is made specifically in this fee-

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shifting matter since the taking of depositions are a significant expense. The Parties

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ran into limitations based on the availability of Experian for deposition and therefore

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seek to extend the discovery deadlines by 30 days.

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Pursuant to LR 26-4(a), as set forth above, Plaintiff has propounded written

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discovery requests on Defendant, Defendant has propounded discovery on Plaintiff.

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The Parties have noticed each others’ depositions.

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Pursuant to LR 26-4(b), the Parties request additional time to continue to meet

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and confer about discovery documents, third party discovery relating to Wells

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Fargo’s credit reporting history, and to conduct depositions and disclose experts, as

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necessary.

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Pursuant to LR 26-4(d), the Parties propose the following discovery schedule:

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(1) the last date to disclose experts will be June 25, 2018

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(2) the last date to disclose rebuttal experts will be July 25, 2018

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(3) the last date to complete discovery will be August 23, 2018;

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(4) the last date to file dispositive motions will be September 24, 2018; and

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(5) the last date to file the proposed joint pretrial order will be October 22,
2018.

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For these reasons, the Parties jointly request that this Court modify the

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Scheduling Order to provide an additional 30 days to complete discovery, and the in

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the ordinary course file dispositive motions, and the proposed joint pretrial order as

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described in the proposed timeline above.

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______________________________________________________________________________________________________
STIPULATION TO EXTEND DISCOVERY
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CASE NO.: 2:17-cv-03122-JCM-PAL

Case 2:17-cv-03122-JCM-PAL Document 26 Filed 05/23/18 Page 4 of 5

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

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DATED this 23rd day of May 2018.

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KAZEROUNI LAW GROUP, APC

NAYLOR & BRASTER

By: /s/ Michael Kind
Michael Kind, Esq.
6069 S. Fort Apache Rd., Ste 100
Las Vegas, NV 89148
Attorneys for Plaintiff

By: /s/ Jennifer L. Braster
Andrew J. Sharples, Esq.
Jennifer L. Braster, Esq.
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
Attorneys for Defendant
Experian Information Solutions, Inc.

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ORDER
IT IS HEREBY ORDERED that the Order, ECF No 13, is modified to extend
the discovery deadlines as follows:

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(1) the last date to disclose experts shall be June 25, 2018

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(2) the last date to disclose rebuttal experts shall be July 25, 2018

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(3) the last date to complete discovery shall be August 23, 2018;

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(4) the last date to file dispositive motions shall be September 24, 2018; and

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(5) the last date to file the proposed joint pretrial order shall be October 22,

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2018.
IT IS SO ORDERED.

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__________________________________
UNITED STATES MAGISTRATE JUDGE
June 6, 2018
Dated: _____________________________

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STIPULATION TO EXTEND DISCOVERY
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CASE NO.: 2:17-cv-03122-JCM-PAL

Case 2:17-cv-03122-JCM-PAL Document 26 Filed 05/23/18 Page 5 of 5

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY pursuant to Rule 5 of the Federal Rules of Civil

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Procedure that on May 23, 2018, the foregoing stipulations was filed and served via

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CM/ECF to all parties appearing in this case.

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KAZEROUNI LAW GROUP, APC
By: /s/ Michael Kind
Michael Kind
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

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______________________________________________________________________________________________________
STIPULATION TO EXTEND DISCOVERY
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CASE NO.: 2:17-cv-03122-JCM-PAL