Petras v. Navy Federal Credit Union et al

Filing 37

ORDER granting 35 Stipulation to Extend Discovery deadlines. Discovery due by 3/8/2021. Motions due by 4/5/2021. Proposed Joint Pretrial Order due by 6/1/2021. Signed by Magistrate Judge Brenda Weksler on 10/14/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:20-cv-00874-RFB-BNW Document 35 Filed 10/11/20 Page 1 of 5 37 10/14/20 1 2 3 4 5 6 7 8 9 10 11 12 LOKER LAW, APC Matthew M. Loker, Esq. (279939) matt@loker.law 1303 East Grand Avenue, Suite 101 Arroyo Grande, CA 93420 Telephone: (805) 994-0177 Facsimile: (805) 994-0197 Attorney for Plaintiff, Christopher Petras UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CHRISTOPHER PETRAS, Plaintiff, v. LOKER LAW, APC 1303 East Grand Avenue, Suite 101 ARROYO GRANDE, CA 93420 13 14 15 16 17 18 19 20 KIND LAW Michael Kind, Esq. (13903) mk@kindlaw.com 8860 South Maryland Pkwy, Ste. 106 Las Vegas, NV 89123 Telephone: (707) 337-2322 Facsimile: (707) 329-5881 NAVY FEDERAL CREDIT UNION; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; EQUIFAX INFORMATION SERVICES LLC; AND, EXPERIAN INFORMATION SOLUTIONS, INC. Case No.: 20-cv-874-RFB-BNW SECOND STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER HON. BRENDA WEKSLER Defendant. 21 22 23 24 25 26 27 28 Case No.: 20-cv-874-RFB-BNW Petras v. Navy Federal Credit Union, et al. SECOND STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER Case 2:20-cv-00874-RFB-BNW Document 35 Filed 10/11/20 Page 2 of 5 37 10/14/20 1 2 3 4 5 6 7 8 9 TO THIS COURT AND TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: WHEREAS, this Court issued its Scheduling Order on July 8, 2020, ECF No. 18; WHEREAS, the Parties sought to continue dates in the Scheduling Order on October 1, 2020, ECF No. 32; WHEREAS, this Court denied the Parties’ first Stipulation on October 6, 2020, ECF No. 34; WHEREAS, the Parties respectfully file this Second Stipulation to 11 extend dates in the Discovery Plan and Scheduling Order further outlining 12 LOKER LAW, APC 1303 East Grand Avenue, Suite 101 ARROYO GRANDE, CA 93420 10 the good cause for said request; 13 WHEREAS, Plaintiff Christopher Petras (“Plaintiff”) has issued and 14 all Defendants have responded to written discovery, Plaintiff has issued 15 deposition notices to Defendant JPMorgan Chase Bank, N.A., and is in the 16 process of issuing deposition notices on Defendants Equifax Information 17 Services LLC; and, Experian Information Solutions, Inc. and Plaintiff has 18 issued a third-party subpoena to non-party Trans Union LLC; 19 WHEREAS, the Defendants need to issue additional written discovery 20 to Plaintiff, and the Parties need to conduct additional depositions, including 21 party and expert depositions; 22 23 WHEREAS, good cause exists for this extension due to restrictions and conflicts that arose as the result of COVID-19 closures; 24 WHEREAS, the conflicts are impacting the finalization of discovery 25 and impeding upon the Parties’ ability to fully develop their respective 26 claims and/or defenses; 27 WHEREAS, the Parties are working together in good faith to grant 28 needed extensions on written discovery and find mutually agreeable dates for Case No.: 20-cv-874-RFB-BNW 1 of 4 Petras v. Navy Federal Credit Union, et al. SECOND STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER Case 2:20-cv-00874-RFB-BNW Document 35 Filed 10/11/20 Page 3 of 5 37 10/14/20 1 2 3 4 5 6 7 8 depositions; WHEREAS, difficulties are arising in extending professional courtesies based upon the current Scheduling Order; WHEREAS, for Plaintiff these issues have impacted Plaintiff’s ability to proceed with Fed. R. Civ. P. 30(b)(6) since these respective witnesses for each Defendant are backlogged from being unable to appear for depositions in other lower numbered matters earlier this year; WHEREAS, Plaintiff’s ability to proceed with Fed. R. Civ. P. 30(b)(1) 9 since these witnesses are only recently returning to work so finding mutually 10 agreeable dates that cause as little disruption to the employee’s work 11 schedules has been difficult; LOKER LAW, APC 1303 East Grand Avenue, Suite 101 ARROYO GRANDE, CA 93420 12 WHEREAS, the delays have also impacted Plaintiff’s Expert, Dr. 13 Mitchell Taubman, because Dr. Taubman is attempting to gather medical 14 assessments from Plaintiff’s schools and prior medical professionals; 15 however, each of these offices and departments are understaffed and 16 progressing slowly in gathering the requested information; 17 WHEREAS, Plaintiff’s Expert, Evan Hendricks, is also impacted due 18 to the extra delay by Trans Union in responding to Plaintiff’s third-party 19 subpoena and a portion of Mr. Hendricks’ Opinion also will be based upon 20 deposition testimony that has yet to occur; 21 WHEREAS, Plaintiff’s Expert, Dr. Stan V. Smith, is similarly 22 impacted since Dr. Smith is awaiting information regarding Plaintiff’s 23 pecuniary loss from third party sources; 24 25 THEREFORE, the Parties jointly request the Court extend remaining dates in the Scheduling Order by 90 days as follows: 26 27 28 Case No.: 20-cv-874-RFB-BNW 2 of 4 Petras v. Navy Federal Credit Union, et al. SECOND STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER Case 2:20-cv-00874-RFB-BNW Document 35 Filed 10/11/20 Page 4 of 5 37 10/14/20 EVENT 1 CURRENT PROPOSED October 6, 2020 January 4, 2021 November 5, 2020 February 3, 2021 December 7, 2020 March 8, 2021 2 Expert Disclosures 3 (Initial) 4 Expert Disclosures 5 (Rebuttal) 6 Discovery Cut-Off 7 Dispositive Motions January 4, 2021 April 5, 2021 8 Pretrial Order February 3, 2021 June 1, 2021 9 10 Date: October 11, 2020 LOKER LAW, APC 11 LOKER LAW, APC 1303 East Grand Avenue, Suite 101 ARROYO GRANDE, CA 93420 12 13 By: ___/s/ Matthew M. Loker___ MATTHEW M. LOKER, ESQ. ATTORNEY FOR PLAINTIFF 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CLARK HILL PLLC By: ___/s/ Jeremy J. Thompson___ JEREMY J. THOMPSON, ESQ. ATTORNEY FOR DEFENDANT, EQUIFAX NAYLOR & BRASTER By: ___/s/ Andrew Sharples___ ANDREW SHARPLES, ESQ. ATTORNEY FOR DEFENDANT, EXPERIAN BALLARD SPAHR LLP By: ___/s/ Joel E. Tasca___ JOEL E. TASCA, ESQ. ATTORNEY FOR DEFENDANT, CHASE 28 Case No.: 20-cv-874-RFB-BNW 3 of 4 Petras v. Navy Federal Credit Union, et al. SECOND STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER Case 2:20-cv-00874-RFB-BNW Document 35 Filed 10/11/20 Page 5 of 5 37 10/14/20 1 2 3 4 5 6 7 SIGNATURE CERTIFICATION Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures Manual, I hereby certify that the content of this document is acceptable to all defense counsel, and that I have obtained their authorization to affix electronic signatures to this document. Date: October 11, 2020 LOKER LAW, APC 8 By: ___/s/ Matthew M. Loker___ MATTHEW M. LOKER, ESQ. ATTORNEY FOR PLAINTIFF 9 10 IT IS SO ORDERED CERTIFICATE OF SERVICE 12 LOKER LAW, APC 1303 East Grand Avenue, Suite 101 ARROYO GRANDE, CA 93420 11 A copy of am, October 14, 2020 DATED: 11:53 the foregoing Stipulation to Continue Dates in Scheduling Order 13 has been sent via e-mail to counsel of record on October 11, 2020. 14 15 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE ___/s/ Matthew M. Loker___ MATTHEW M LOKER, ESQ. 16 17 SCHEDULING ORDER 18 The above-set stipulated Amendments to the Discovery Plan of the parties 19 shall be the Amended Scheduling Order for this action pursuant to Federal Rule of 20 Civil Procedure 16(b) and Local Rule 16-1. 21 22 IT IS SO ORDERED: 23 24 ____________________________________ 25 UNITED STATES MAGISTRATE JUDGE 26 27 DATED:____________________________ 28 Case No.: 20-cv-874-RFB-BNW 4 of 4 Petras v. Navy Federal Credit Union, et al. SECOND STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER

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