Richard Zeitlin et al v. Bank of America, N.A.

Filing 87

ORDER granting 86 Stipulation (Sixth Request) to Extend Discovery Deadlines. Discovery due by 2/15/2021. Motions due by 3/22/2021. Proposed Joint Pretrial Order due by 4/19/2021. Signed by Magistrate Judge Daniel J. Albregts on 11/20/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:18-cv-01919-RFB-DJA Document 86 Filed 11/19/20 Page 1 of 6
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Amy F. Sorenson, Esq.
Nevada Bar No. 12495
Blakeley E. Griffith, Esq.
Nevada Bar No. 12386
Kiah D. Beverly-Graham, Esq.
Nevada Bar No. 11916
SNELL & WILMER L.L.P.
3883 Howard Hughes Pkwy, #1100
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: 702-784-5252
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant Bank of America, N.A.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702-784--5200

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RICHARD ZEITLIN, ADVANCED
TELEPHONY CONSULTANTS, MRZ
MANAGEMENT, LLC, DONOR
RELATIONS, LLC, TPFE, INC., AMERICAN
TECHNOLOGY SERVICES, COMPLIANCE
CONSULTANTS, CHROME BUILDERS
CONSTRUCTION, INC., UNIFIED DATA
SERVICES;

Case No.: 2:18-cv-01919-RFB-DJA

STIPULATION AND ORDER
EXTENDING DISCOVERY
DEADLINES
(SIXTH REQUEST)

Plaintiffs,

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v.

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BANK OF AMERICA, N.A. and JOHN AND
JANE DOES 1-100,

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Defendants.

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Plaintiffs Richard Zeitlin, Advanced Telephony Consultants, MRZ Management, LLC,

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Donor Relations, LLC, TPFE, Inc., American Technology Services, Compliance Consultants,

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Chrome Builders Construction, and Unified Data Services (“Plaintiffs”) and Defendant Bank of

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America, N.A. (“BANA” and together with Plaintiffs the “Parties” and each a “Party”), through

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their counsel of record, hereby respectfully request the Court enter an order, pursuant to Local

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Rules IA 6-1 and II 26-3, extending the deadline for service of expert rebuttal reports set forth in

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the Court’s Order entered on May 23, 2019 (ECF No. 35), as amended by so-ordered stipulations

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of the Parties on September 3, 2019, December 2, 2019, March 3, 2020, June 16, 2020, and

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September 21, 2020. (ECF Nos. 40, 45, 47, 60, and 83) (collectively the “Scheduling Order”).

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The purpose of this stipulation is solely to extend the deadline for rebuttal expert reports by

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approximately three weeks. The Parties do not propose extending any other deadline, including

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the existing deadline for close of discovery.

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The deadline for expert rebuttal that the Parties are seeking to extend has not expired.
That deadline, which is the next deadline in the Scheduling Order, is December 7, 2020.
I.

Discovery Completed

Snell & Wilmer

The Parties have completed the following discovery:

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702-784--5200

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1. All Parties have completed initial disclosures.

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2. Plaintiffs have propounded requests for production of documents, requests for

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admission, and interrogatories on BANA.
3. BANA initially responded to Plaintiffs’ written discovery with timely responses
and objections and made two productions of documents.
4. BANA propounded requests for production of documents, requests for admission,
and interrogatories on the Plaintiffs.
5. The Plaintiffs provided initial responses and objections to BANA’s written
discovery.
6. The Parties negotiated—and the Court entered—a stipulated protective order
governing the production of additional, confidential and sensitive documents.
7. Following entry of the stipulated protective order, all Parties supplemented their
documentary productions with additional documents.

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8. Plaintiffs filed their Motion to Compel Discovery and For Attorney’s Fees (ECF

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No. 48) on May 26, 2020 and their Motion to Unseal Court Documents (ECF No.

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52) on June 4, 2020 (the “Discovery Motions”). The Court denied both Discovery

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Motions in full by Order dated August 10, 2020 (ECF No. 77), and Plaintiffs filed

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an Objection to that Order on August 24, 2020 (ECF No. 78). BANA filed its
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response to the Objection on September 22, 2020, and the Objection is pending

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disposition with the Court.

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9. On November 5, 2020, Plaintiffs served the report of their damages expert.

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II.

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Discovery to be Completed
The Parties anticipate that the following discovery will need to be completed prior to any

dispositive briefing or trial:

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1. Rebuttal expert reports.

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2. Depositions of Parties and their experts. Currently, there are eight Plaintiffs. The

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Parties anticipate conducting approximately 6-8 Party depositions, including

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30(b)(6) witnesses for Plaintiffs and BANA.

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702-784--5200

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3. Depositions of non-party witnesses.

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depositions of non-party witnesses.

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III.

The Parties anticipate conducting the

Good Cause for Extending The Expert Rebuttal Deadline

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The proposed extension is necessary to give BANA sufficient time to analyze and respond

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to the report of Plaintiffs’ damages expert, which was served on November 5, 2020. The issues

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raised by the damages expert’s report are complex, involving, among other things, detailed

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analysis of years of Plaintiffs’ financial and operational data and the industries in which Plaintiffs

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operate. The modest extension requested herein will allow BANA’s experts the time necessary to

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perform this analysis, but will not result in other litigation deadlines, such as the close of

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discovery or the date to submit dispositive motions, being moved.

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The Parties agree that the foregoing constitutes good cause for the extension requested

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herein. This is the Parties’ sixth request to extend the deadline to serve expert rebuttal reports.

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This request is not made for any deleterious purpose or to cause delay and is made timely and in

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good faith.

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IV.

Proposed Schedule

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Existing Deadline

Proposed Deadline

Rebuttal Expert Disclosures

December 7, 2020

December 29, 2020

Close of Discovery

February 15, 2021

February 15, 2021

Dispositive Motions

March 22, 2021
April 19, 2021 or 30 days
after a decision on any
dispositive motion.

March 22, 2021
April 19, 2021 or 30 days
after a decision on any
dispositive motion.

Event
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Pretrial Order

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Snell & Wilmer

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702-784--5200

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The Parties respectfully request that the Court enter this Stipulation as an order and extend
the deadlines in the Scheduling Order as set forth herein.
IT IS SO STIPULATED.
Dated: November 19, 2020

DATED: November 19, 2020

THE BERNHOFT LAW FIRM, S.C.

SNELL & WILMER L.L.P.

/s/ Robert G. Bernhoft
Robert G. Bernhoft, Esq.
Admitted Pro Hac Vice
Wisconsin Bar No. 1032777
Thomas E. Kimble, Esq.
Admitted Pro Hac Vice
Illinois Bar No. 6257935
Daniel James Treuden, Esq.
Wisconsin Bar No. 1052766
1402 E. Cesar Chavez Street
Austin, Texas 78702

/s/ Kiah D. Beverly-Graham
Amy F. Sorenson, Esq.
Nevada Bar No. 12495
Blakeley E. Griffith, Esq.
Nevada Bar No. 12386
Kiah D. Beverly-Graham, Esq.
Nevada Bar No. 11916
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702-784--5200

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Joel F. Hansen, Esq.
Nevada Bar No. 1876
Hansen & Hansen, LLC
9030 W. Cheyenne Avenue, #210
Las Vegas, Nevada 89129

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Attorneys for Defendant Bank of America,
N.A.

Attorneys for Plaintiffs

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IT IS SO ORDERED.

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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November 20, 2020
DATED: ____________________________

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CERTIFICATE OF SERVICE

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I hereby certify that on this date, I electronically filed the foregoing STIPULATION

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AND ORDER EXTENDING DISCOVERY DEADLINES (SIXTH REQUEST) with the

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Clerk of the Court for the U. S. District Court, District of Nevada by using the Court’s CM/ECF

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system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF

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system.

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DATED: November 19, 2020.
/s/ Lara J. Taylor
An Employee of Snell & Wilmer L.L.P.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702-784--5200

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