Nilsen v. Equifax Information Services LLC et al

Filing 23

ORDER granting 22 Proposed Discovery Plan/Scheduling Order. Discovery due by 9/4/2018. Motions due by 10/4/2018. Proposed Joint Pretrial Order due by 11/5/2018. Signed by Magistrate Judge Nancy J. Koppe on 5/1/2018. (Copies have been distributed pursuant to the NEF - JM)

1 COGBURN LAW OFFICES
Jamie S. Cogburn, Esq.
2 Nevada Bar No. 8409
[e-mail]
3 Erik W. Fox, Esq.
Nevada Bar No. 8804
4 [e-mail]
2580 St. Rose Parkway, Suite 330
5 Henderson, Nevada 89074
Telephone: [phone]
6 Facsimile: [phone]
Attorneys for Plaintiff
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

TAWNYA NILSEN,
Plaintiff,

11
vs.

12
13
14
15
16

Case Number
2:18-cv-00272-GMN-NJK

RENEWED DISCOVERY PLAN AND
SCHEDULING ORDER

EQUIFAX INFORMATION SERVICES,
LLC, a Foreign Limited-Liability Company,
SANTANDER CONSUMER USA, INC., a
Foreign Company, TRANSUNION, LLC, a
Foreign Limited-Liability Company,
EXPERIAN INFORMATION SOLUTIONS,
INC., a Foreign Corporation,

17
18

SUBMITTED IN COMPLIANCE WITH
LR 26-1(B)

Defendants.
Plaintiff Tawnya Nilsen (“Plaintiff”), Defendant Equifax Information Services, LLC

19 (“Defendant Equifax”), Defendant Santander Consumer USA, Inc. (“Defendant Santander”),
20 Defendant Transunion, LLC (“Defendant Transunion”) and Defendant Experian Information
21 Solutions, Inc. (“Defendant Experian”), held a telephonic conference on April 26, 2018, and by
22 and through their respective counsel of record, file this, their Stipulated Discovery Plan and
23 Scheduling Order pursuant to Fed. R. Civ. P. 26(f) and Local Rule 26-1.
24 …
Page 1 of 5

PROPOSED SCHEDULE

1
2 I.

FED. R. CIV. P. 26(A) INITIAL DISCLOSURE:

3

Parties have agreed to exchange initial disclosures no later than May 10, 2018, which is 14

4 days after the Rule 26 Conference was held. The parties expressly agree any document productions
5 shall be bates-stamped with the parties’ respective identifying bates system. Other than this, no
6 changes are necessary in the form or requirement for disclosures under Fed. R. Civ. P. 26(a).
7 II.

ESTIMATE OF TIME REQUIRED FOR DISCOVERY:

8

Discovery will take 180 days from March 6, 2018, which is the date Defendant Equifax

9 filed their Answer to Plaintiff’s Complaint, the first responsive pleading. Accordingly, all
10 discovery must be completed no later than September 4, 2018. The parties may conduct discovery
11 within the scope of Fed. R. Civ. P. 26(b). Subject to the foregoing, discovery need not be limited
12 or focused on particular issues or conducted in phases.
13 III.

AMENDING THE PLEADINGS AND ADDING PARTIES:

14

Unless stated herein or ordered by the Court, the date for filing motions to amend the

15 pleadings or to add parties shall not be later than 90 days prior to the discovery cut-off date, and
16 therefore not later than June 6, 2018.
17 IV.

FED. R. CIV. P. 26(A)(2) DISCLOSURES (EXPERTS):

18

In accordance with Fed. R. Civ. P. 26(a)(2), disclosures identifying experts shall be made

19 60 days prior to the discovery cut-off date, and therefore not later than July 6, 2018 and disclosures
20 of rebuttal experts shall be made 30 days after the initial disclosure of experts, and therefore not
21 later than August 6, 2018.
22 V.

DISPOSITIVE MOTIONS:

23

The parties shall file dispositive motions 30 days after the discovery cut-off date, and

24 therefore not later than October 4, 2018.
Page 2 of 5

1 VI.

PRETRIAL ORDER:

2

If no dispositive motions are filed, and unless otherwise ordered by this Court, the Joint

3 Pretrial Order shall be filed 30 days after the date set for filing dispositive motions, and therefore
4 not later than November 5, 2018. In the event dispositive motions are filed, the date for filing the
5 Joint Pretrial Order shall be suspended until 30 days after the Court enters a ruling on the
6 dispositive motions, or otherwise by further order of the Court. The disclosures required by Fed.
7 R. Civ. P. 26(a)(3), and any objections thereto, shall be included in the Joint Pretrial Order.
8 VII.

INTERIM STATUS REPORTS:

9

In accordance with Local Rule 26-3, an Interim Status Report will be filed by the parties

10 with the Court 60 days prior to the discovery cut-off date, and therefore not later than July 6, 2018.
11 VIII. EXTENSIONS OR MODIFICATIONS OF THE DISCOVERY PLAN AND
SCHEDULING ORDER:
12
LR 26-4 governs modifications or extensions to this discovery plan and scheduling order.
13
IX.
PROVIDING “SHELLS” OR WORD VERSIONS TO OPPOSING COUNSEL
FOR ALL WRITTEN DISCOVERY PROPOUNDED:
14
The parties agree that for each set of written discovery propounded upon the other, an

15

16 accompanying “word” or “word perfect” version of said discovery set shall be provided in order
17 to reduce the time and effort in having to type out the requests or interrogatories. The failure to
18 do so does not deem service of the written discovery ineffective.
19 X.

ELECTRONICALLY STORED INFORMATION AND ELECTRONIC
EVIDENCE:

20
The parties have discussed the retention and production of electronic data. The parties
21
agree that service of discovery via electronic means, including electronic files copied to compact
22
disc, pursuant to Fed. R. Civ. 5(b), is sufficient, and the parties retain the right to receive three
23
additional days for mailing provided for in Fed. R. Civ. P. 6(d). The parties reserve the right to
24
Page 3 of 5

1 revisit this issue if a dispute or need arises. The parties further intend to present evidence in
2 electronic format to jurors for the purposes of jury deliberations.
3 XI.

PROTECTION OF PRIVILEGED/TRIAL PREPARATION MATERIAL:

4

If a party discovers it has inadvertently disclosed privileged or trial preparation material, it

5 agrees to notify the opposing party in writing within 30 days of the discovery that such document(s)
6 have been disclosed, which written notification will set forth the basis for the claim that the items
7 disclosed are privileged or trial preparation material. If the party receiving the disclosure agrees
8 that the inadvertently-produced items are privileged or trial preparation material, it will return all
9 such items to the producing party without the retention of any copies. If the receiving party
10 disputes that the items are privileged or trial preparation materials, it will within 30 days of written
11 notification of the inadvertent disclosure, present the disputed items inadvertently disclosed to the
12 court under seal for a decision with respect thereto (without the retention of copies), including with
13 such submission the producing party’s written notification and any statement the receiving party
14 wishes to make in support of its position that the items are not privileged or trial preparation
15 material. If the receiving party disclosed the inadvertently-produced privileged or trial preparation
16 materials before being notified of the inadvertent disclosure, it will take reasonable steps to retrieve
17 the materials pending resolution of the matter.
18 XII.

ALTERNATIVE DISPUTE RESOLUTION:

19

The parties certify that they met and conferred about the possibility of using alternative

20 dispute-resolution processes including mediation, arbitration, and if applicable, early neutral
21 evaluation.
22 XIII. LR II 26-1(B) CERTIFICATIONS:
23

The parties certify that they considered consenting to trial by a magistrate judge and use of

24 the Short Trial Program.
Page 4 of 5

1 Dated this 30th day of April, 2018.
COGBURN LAW OFFICES
2

Dated this 30th day of April, 2018.
SNELL & WILMER, LLP

/s/ Erik W. Fox
3 By:
Name: Jamie S. Cogburn, Esq.
4
Nevada Bar No. 8409
Erik W. Fox, Esq.
5
Nevada Bar No. 884
2580 St. Rose Parkway, Suite 330
6
Henderson, Nevada 89074
Attorneys for Plaintiff
7
Dated this 30th day of April, 2018.
8 LEWIS ROCA ROTHGERBER
CHRISTIE, LLP
9

By:
/s/ Bradley T. Austin
Name: Bradley T. Austin, Esq.
Nevada Bar No. 13064
3883 Howard Hughes Parkway,
Suite 1100
Las Vegas, Nevada 89169
Attorneys for Defendant Equifax
Information Services, LLC
Dated this 30th day of April, 2018.
LEWIS BRISBOIS BISGAARD &
SMITH, LLP

10 By:
/s/ J. Christopher Jorgensen
Name: J. Christopher Jorgensen
11
Nevada Bar No. 5382
3993 Howard Hughes Parkway,
12
Suite 600
Las Vegas, Nevada 89169
13
Attorneys for Defendant Santander
Consumer USA, Inc.
14
Dated this 30th day of April, 2018.
15 NAYLOR & BRASTER

By:
/s/ Jason G. Revzin
Name: Jason G. Revzin, Esq.
Nevada Bar No. 8629
6385 S. Rainbow Boulevard,
Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant TransUnion,
LLC

16
By:
/s/ Jennifer L. Braster
17 Name: Jennifer L. Braster, Esq.
Nevada Bar No. 9982
18
Andrew J. Sharpless
Nevada Bar No. 12866
19
1050 Indigo Drive, Suite 200
Las Vegas, Nevada 89145
20
Attorneys for Defendant Experian
Information Solutions, Inc.
21

IT IS SO ORDERED:

22
UNITED STATES MAGISTRATE JUDGE
23
24

May 1, 2018
DATE
Page 5 of 5