Petras v. Navy Federal Credit Union et al
Filing
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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)
Case 2:20-cv-00874-RFB-BNW Document 35 Filed 10/11/20 Page 1 of 5
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10/14/20
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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
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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.
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Case No.: 20-cv-874-RFB-BNW
Petras v. Navy Federal Credit Union, et al.
SECOND STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER
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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
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extend dates in the Discovery Plan and Scheduling Order further outlining
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LOKER LAW, APC
1303 East Grand Avenue, Suite 101
ARROYO GRANDE, CA 93420
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the good cause for said request;
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WHEREAS, Plaintiff Christopher Petras (“Plaintiff”) has issued and
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all Defendants have responded to written discovery, Plaintiff has issued
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deposition notices to Defendant JPMorgan Chase Bank, N.A., and is in the
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process of issuing deposition notices on Defendants Equifax Information
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Services LLC; and, Experian Information Solutions, Inc. and Plaintiff has
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issued a third-party subpoena to non-party Trans Union LLC;
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WHEREAS, the Defendants need to issue additional written discovery
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to Plaintiff, and the Parties need to conduct additional depositions, including
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party and expert depositions;
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WHEREAS, good cause exists for this extension due to restrictions and
conflicts that arose as the result of COVID-19 closures;
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WHEREAS, the conflicts are impacting the finalization of discovery
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and impeding upon the Parties’ ability to fully develop their respective
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claims and/or defenses;
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WHEREAS, the Parties are working together in good faith to grant
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needed extensions on written discovery and find mutually agreeable dates for
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SECOND STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER
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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)
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since these witnesses are only recently returning to work so finding mutually
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agreeable dates that cause as little disruption to the employee’s work
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schedules has been difficult;
LOKER LAW, APC
1303 East Grand Avenue, Suite 101
ARROYO GRANDE, CA 93420
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WHEREAS, the delays have also impacted Plaintiff’s Expert, Dr.
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Mitchell Taubman, because Dr. Taubman is attempting to gather medical
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assessments from Plaintiff’s schools and prior medical professionals;
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however, each of these offices and departments are understaffed and
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progressing slowly in gathering the requested information;
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WHEREAS, Plaintiff’s Expert, Evan Hendricks, is also impacted due
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to the extra delay by Trans Union in responding to Plaintiff’s third-party
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subpoena and a portion of Mr. Hendricks’ Opinion also will be based upon
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deposition testimony that has yet to occur;
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WHEREAS, Plaintiff’s Expert, Dr. Stan V. Smith, is similarly
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impacted since Dr. Smith is awaiting information regarding Plaintiff’s
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pecuniary loss from third party sources;
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THEREFORE, the Parties jointly request the Court extend remaining
dates in the Scheduling Order by 90 days as follows:
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SECOND STIPULATION TO CONTINUE DATES IN SCHEDULING ORDER
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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
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Expert Disclosures
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(Initial)
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Expert Disclosures
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(Rebuttal)
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Discovery Cut-Off
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Dispositive Motions
January 4, 2021
April 5, 2021
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Pretrial Order
February 3, 2021
June 1, 2021
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Date: October 11, 2020
LOKER LAW, APC
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LOKER LAW, APC
1303 East Grand Avenue, Suite 101
ARROYO GRANDE, CA 93420
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By: ___/s/ Matthew M. Loker___
MATTHEW M. LOKER, ESQ.
ATTORNEY FOR PLAINTIFF
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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
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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
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By: ___/s/ Matthew M. Loker___
MATTHEW M. LOKER, ESQ.
ATTORNEY FOR PLAINTIFF
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IT IS SO ORDERED CERTIFICATE OF SERVICE
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LOKER LAW, APC
1303 East Grand Avenue, Suite 101
ARROYO GRANDE, CA 93420
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A copy of am, October 14, 2020
DATED: 11:53 the foregoing Stipulation to Continue Dates in Scheduling Order
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has been sent via e-mail to counsel of record on October 11, 2020.
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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE
___/s/ Matthew M. Loker___
MATTHEW M LOKER, ESQ.
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SCHEDULING ORDER
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The above-set stipulated Amendments to the Discovery Plan of the parties
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shall be the Amended Scheduling Order for this action pursuant to Federal Rule of
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Civil Procedure 16(b) and Local Rule 16-1.
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IT IS SO ORDERED:
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____________________________________
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UNITED STATES MAGISTRATE JUDGE
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DATED:____________________________
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