Peterson Power Systems Inc. v. Advanced Manufacturing & Power Systems, Inc. et al

Filing 30

SCHEDULING ORDER granting 27 Third Extension to Discovery Plan and Scheduling Order. Discovery due by 4/11/2022. Motions due by 5/11/2022. Proposed Joint Pretrial Order due by 6/10/2022. Signed by Magistrate Judge Cam Ferenbach on 11/16/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:20-cv-01670-VCF Document 30 Filed 11/16/21 Page 1 of 4

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Sallie B. Armstrong, Esq. (NSBN 1243)
Matthew C. Addison, Esq. (NSBN 4201)
Chelsea Latino, Esq. (NSBN 14227)
McDONALD CARANO LLP
100 West Liberty Street, 10th Floor
Reno, NV 89501
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Peterson Power Systems, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PETERSON POWER SYSTEMS, INC., a
California corporation,
Plaintiff,

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CASE NO.: 2:20-cv-01670-VCF

vs.

JOINT [PROPOSED] AMENDED
STIPULATED DISCOVERY PLAN
ADVANCED MANUFACTURING & POWER AND SCHEDULING ORDER
SYSTEMS, INC., a Florida corporation;
ADVANCED MANUFACTURING & POWER (THIRD REQUEST)
SYSTEMS AZ, INC., an Arizona corporation;
DOES 1 through 10; and ROE ENTITIES 11
through 20, inclusive,
(SUBMITTED IN COMPLIANCE
Defendants.
_______________________________________
ADVANCED MANUFACTURING & POWER
SYSTEMS, INC., a Florida corporation,

WITH LR 26-1(b))

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Counterclaimants,

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v.
PETERSON POWER SYSTEMS, INC.,
a California corporation; and ZOES 21 through
30, inclusive,
Counter-Defendants

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Pursuant to Fed. R. Civ. P. 26(f) and Local Rule 26-1, Plaintiff/Counterdefendant

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PETERSON POWER SYSTEMS, INC., a California corporation (“Peterson” or “Plaintiff”),

Case 2:20-cv-01670-VCF Document 30 Filed 11/16/21 Page 2 of 4

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and

Defendant/Counterclaimant

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SYSTEMS,

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MANUFACTURING & POWER SYSTEMS AZ, INC. (“AMPS AZ” or “Defendant”)

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(collectively referred to as “Defendants”), by and through their undersigned attorneys, hereby

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submit this Proposed Amended Stipulated Discovery Plan and Scheduling Order.

INC.

(“AMPS

ADVANCED

Florida”

or

MANUFACTURING

“Counterclaimant”)

and

&

POWER

ADVANCED

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Preliminary Information

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The parties conducted the Rule 26(f) conference on Thursday, January 28, 2021, and

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each party served their initial disclosures 14 days later, on Thursday, February 11, 2021. Written

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discovery has been served and counsel have made solid progress in the setting of depositions.

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This stipulation is made in good faith and not for purposes of delay. Counsel for the parties

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have met and conferred regarding discovery issues and discussed the setting of fact depositions,

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but scheduling those depositions has been difficult with the upcoming holidays and arranging

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travel for most of the witnesses from as far away as Florida. Counsel continue to work together

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in good faith, and no further extensions of these dates will be requested of the Court.

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II.

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Proposed Discovery Plan
The parties proposed to the Court the following discovery plan and scheduling order

moving all deadlines approximately three (3) months:
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Initial Disclosures: Initial Disclosures were provided in accordance with FRCP

26(a)(1) on February 11, 2021.
2.

Completion of Discovery: The parties agreed discovery should be completed on

Monday, April 11, 2022.
3.

Orders under FRCP 26(c) and 16(b) and (c): The parties are not aware of any other

matters or order that should be entered under these Rules.
4.

Amending the Pleadings and Adding Parties: In accordance with the Second

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Amended Stipulated Discovery Plan and Scheduling Order (ECF No. 23), shall be filed not later

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than Wednesday, October 6, 2021.

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5.

FRCP 26(a)(2) Disclosures (Experts): In accordance with the Second Amended

Stipulated Discovery Plan and Scheduling Order (ECF No. 23), the parties will disclose experts,
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Case 2:20-cv-01670-VCF Document 30 Filed 11/16/21 Page 3 of 4

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if any, on or before Wednesday, November 3, 2021. Rebuttal experts shall be disclosed within

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thirty (30) days after the initial disclosures of experts and no later than Friday, December 3, 2021.
6.

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Dispositive Motions: The parties will file dispositive motions not later than thirty

(30) days after the close of discovery, or Wednesday, May 11, 2022.
7.

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Pretrial Order: The parties shall file a joint pretrial order thirty (30) days after the

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deadline to file Dispositive Motions, on Friday, June 10, 2022. If dispositive motions are filed,

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the Pretrial order will be filed no later than thirty (30) days after final decision on those dispositive

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motions or further order of the Court.
8.

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FRCP 26(a)(3) Disclosures: All disclosures required by FRCP 26(a)(3) and any

objections thereto shall be included in the pretrial order.

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Alternative Dispute Resolution: The parties certify that they met on Thursday,
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January 28, 2021, conferred about the possibility of using alternative dispute-resolution

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processes including mediation and arbitration and tentatively agreed to investigate the availability

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of a Magistrate to conduct a settlement conference in the first quarter of 2022.

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9.

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Alternative Forms of Case Disposition: The parties certify that they consent to

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trial by a magistrate judge under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73 and have filed the

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appropriate pleading thereon.
11.

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Electronic Evidence: The parties will soon begin discussions regarding the

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disclosures and discovery of electronically stored information, including the form or forms in

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which it should be produced, and agree to discuss this further once discovery commences. The

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parties shall meet and confer and otherwise work in good faith with respect to the production of

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electronically stored information should any dispute arise. The parties further certify that they will

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discuss whether they intend to present evidence in electronic format to jurors for the purposes of

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jury deliberations. Discussions between the parties will be ongoing as the trial date approaches

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and any electronic evidence will be presented in a format compatible with the Court’s electronic

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jury evidence display system.

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///

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///
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Case 2:20-cv-01670-VCF Document 30 Filed 11/16/21 Page 4 of 4

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12.

Extensions or Modifications of the Discovery Plan and Scheduling Order: This

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Stipulation for modification and extension is being made less than the twenty-one (21) days before

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the expiration of a subject deadline as required by Local Rule 26-3.

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DATED this 16th day of November, 2021.
McDONALD CARANO LLP

SILVER STATE LAW LLC

By: /s/ Matthew C. Addison
Sallie B. Armstrong, Esq. (NSBN 1243)
Matthew C. Addison, Esq. (NSBN 4201)
Chelsea Latino, Esq. (NSBN 14227)
100 West Liberty Street, 10th Floor
Reno, NV 89501
[phone]
[e-mail]
[e-mail]
[e-mail]

By: /s/ Cody K. Marriott
Jeffrey S. Spencer, Esq. (NSBN 9197)
Cody K. Marriott, Esq. (NSBN 14147)
190 W. Huffaker Lane, Suite 401
Reno, NV 89511
[phone]
[e-mail]
[e-mail]

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Attorneys for Advanced Manufacturing &
Power Systems, Inc. and Advanced
Manufacturing & Power Systems AZ, Inc.

Attorneys for Peterson Power Systems, Inc.

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ORDER

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IT IS SO ORDERED.

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___________________________________
UNITED STATES MAGISTRATE JUDGE
11-16-2021
DATED: ___________________________

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4878-8499-9683, v. 3

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