Smith & Wesson Brands, Inc. et al v. SW North America, Inc.

Filing 78

ORDER granting 77 Stipulation to Extend Discovery Deadlines. Discovery due by 4/12/2024. Motions due by 5/13/2024. Proposed Joint Pretrial Order due by 6/12/2024. Signed by Magistrate Judge Elayna J. Youchah on 11/15/2023. (Copies have been distributed pursuant to the NEF - CAH)

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1 LEWIS BRISBOIS BISGAARD & SMITH LLP JOEL Z. SCHWARZ 2 Nevada Bar No. 9181 3 633 West 5th Street, Suite 4000 Los Angeles, California 90071 4 Telephone: 213.250.1800 Facsimile: 213.250.7900 5 DANIEL C. DECARLO 6 California Bar No. 160307 Admitted Pro Hac Vice 7 633 West 5th Street, Suite 4000 8 Los Angeles, California 90071 Telephone: 213.250.1800 9 Facsimile: 213.250.7900 10 Attorneys for Defendant/Counterclaimant SW North America, Inc. 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 SMITH & WESSON BRANDS, INC., 15 SMITH & WESSON, INC., 16 17 18 19 Plaintiffs, vs. Case No. 2:22-cv-01773-JCM-EJY STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [FOURTH REQUEST] SW NORTH AMERICA, INC., Defendant. 20 21 AND ALL RELATED CLAIMS 22 23 Pursuant to LR IA 6-1, LR 7-1, and LR 26-3, Plaintiffs SMITH & WESSON BRANDS, 24 INC. and SMITH & WESSON, INC. (“Plaintiffs”) and Defendant SW NORTH AMERICA, INC. 25 (“Defendant”), by and through their respective counsel, stipulate to extend the dates set forth in the 26 Joint Amended Discovery Plan and Scheduling Order [ECF No. 71] by sixty (60) days, up to and 27 including April 12, 2024. This stipulation is the parties’ fourth requested extension of dates. In LEWIS 28 support of this stipulation and request, the parties state as follows: BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 131736346.4 1 A. DISCOVERY COMPLETED 2 Plaintiffs’ Initial Disclosures were served on January 31, 2023. 3 Defendant’s Initial Disclosures also were served on January 31, 2023. 4 On March 15, 2023, Plaintiffs served a First Set of Interrogatories and a First Set of Requests 5 for Production. Defendant served Objections and Answers to Plaintiffs’ First Set of Interrogatories, 6 Objections and Responses to Plaintiffs’ First Set of Requests for Production, and a Privilege Log on 7 May 8, 2023. 8 On April 5, 2023, Defendant served a First Set of Interrogatories to Plaintiff Smith & 9 Wesson, Inc., a First Set of Interrogatories to Plaintiff Smith & Wesson Brands, Inc., and a First Set 10 of Requests for Production to Plaintiffs. Plaintiffs served Responses and Objections to Defendant’s 11 First Set of Interrogatories to Plaintiff Smith & Wesson, Inc., Responses and Objections to 12 Defendant’s First Set of Interrogatories to Plaintiff Smith & Wesson Brands, Inc., and Responses 13 and Objections to Defendant’s First Set of Requests for Production to Plaintiff on May 31, 2023. 14 Pursuant to a June 5, 2023 Order [ECF No. 62] granting the parties’ Joint Motion for Partial 15 Stay of Discovery [ECF No. 61], expert discovery and all depositions were stayed pending the 16 Court’s resolution of Defendant’s Motion to Dismiss [ECF No. 52]. The Order resolving the Motion 17 to Dismiss was entered July 5, 2023 [ECF No. 63]. Since that time, counsel for the parties have met 18 and conferred regarding the parties’ respective written discovery responses and document 19 productions. Those meetings led to settlement discussions between the parties, which as discussed 20 below, have significantly progressed. 21 B. DISCOVERY THAT REMAINS TO BE COMPLETED 22 Initial and rebuttal expert witness disclosures and depositions. 23 Party and percipient witness depositions. 24 Additional written discovery. 25 Third-party subpoenas. 26 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 1 C. REASONS WHY ADDITIONAL TIME IS NEEDED 2 The parties are engaged in settlement negotiations, with counsel for the parties meeting on 3 a weekly basis for the last month and exchanging regular email communications regarding 4 settlement terms. The parties request an extension of all current deadlines to accommodate these 5 ongoing negotiations, which will obviate the need for further discovery and dispositive motions if 6 successful. 7 If the parties are unable to agree upon a settlement within the time requested herein, they 8 will resume and complete discovery and file dispositive motions by the proposed deadlines. 9 This fourth request for an extension of time is not sought for delay or any other improper 10 purpose. Rather, the parties seek this extension solely to allow sufficient time for settlement 11 negotiations and, if necessary, to complete discovery and prepare their respective cases for trial. 12 The parties respectfully submit that the reasons set forth above constitute compelling reasons for the 13 requested extension. The following is a list of the current discovery deadlines and the parties’ proposed extended 14 15 deadlines: 16 Scheduled Event 17 Current Deadline Proposed Deadline Amend Pleadings or Add May 15, 2023 Parties Closed Expert Disclosure pursuant December 13, 2023 to FRCP 26 (a)(2) February 12, 2024 21 Rebuttal Expert Disclosure January 12, 2024 pursuant to FRCP. 26(a)(2) March 13, 2024 22 Discovery Cut-off February 12, 2024 April 12, 2024 Dispositive Motions March 18, 2024 May 13, 2024 Pretrial Order 1 April 18, 2024 June 12, 2024 18 19 20 23 24 25 26 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 1 In the event that dispositive motions are filed, the date for filing the joint pretrial order shall be suspended until 30 days after decision on the dispositive motions or until further order of the Court. 27 The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections to them must be included in 28 the joint pretrial order. 1 WHEREFORE, the parties respectfully request that this Court extend the discovery period 2 by sixty (60) days from the current deadline of February 12, 2024, up to and including April 12, 3 2024, and the other dates as outlined in accordance with the table above. 4 Dated: November 15, 2023 Dated: November 15, 2023 5 BALLARD SPAHR LLP LEWIS BRISBOIS BISGAARD & SMITH LLP /s/ Hara K. Jacobs JOEL E. TASCA Nevada Bar No. 14124 MADELEINE COLES Nevada Bar No. 16216 1980 Festival Plaza Drive, Suite 900 Las Vegas, Nevada 89135 Tel: 702.471.7000 Fax: 702.471.7070 /s/ Joel Z. Schwarz JOEL Z. SCHWARZ Nevada Bar No. 9181 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Telephone: 702.893.3383 Facsimile: 702.893.3789 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 HARA K. JACOBS Admitted Pro Hac Vice NOAH S. ROBBINS, ESQ. Admitted Pro Hac Vice 1735 Market Street, 51st Floor Philadelphia, Pennsylvania 19103 Attorneys for Plaintiffs Smith & Wesson Brands, Inc., Smith & Wesson Inc. 21 22 23 24 25 26 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 DANIEL C. DECARLO Admitted Pro Hac Vice California Bar No. 160307 633 West 5th Street, Suite 4000 Los Angeles, California 90071 Telephone: 213.250.1800 Facsimile: 213.250.7900 Nathan E. Lawrence Nevada Bar No. 15060 GALLIAN WELKER & ASSOCIATES, L.C. 730 Las Vegas Blvd. S., Suite 104 Las Vegas, NV 89101 Attorneys for Defendant SW North America, Inc. ORDER IT IS SO ORDERED. _______________________________ U.S. MAGISTRATE JUDGE November 15, 2023 DATED: _______________________

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