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)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
JOEL Z. SCHWARZ
2 Nevada Bar No. 9181
[e-mail]
3 633 West 5th Street, Suite 4000
Los Angeles, California 90071
4 Telephone: [phone]
Facsimile: 213.250.7900
5
DANIEL C. DECARLO
6 California Bar No. 160307
Admitted Pro Hac Vice
7 [e-mail]
633 West 5th Street, Suite 4000
8 Los Angeles, California 90071
Telephone: [phone]
9 Facsimile: 213.250.7900
10 Attorneys for Defendant/Counterclaimant SW
North America, Inc.
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UNITED STATES DISTRICT COURT
12
DISTRICT OF NEVADA
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SMITH & WESSON BRANDS, INC.,
15 SMITH & WESSON, INC.,
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Plaintiffs,
vs.

Case No. 2:22-cv-01773-JCM-EJY
STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
[FOURTH REQUEST]

SW NORTH AMERICA, INC.,
Defendant.

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21 AND ALL RELATED CLAIMS
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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

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A. DISCOVERY COMPLETED

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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.
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B. DISCOVERY THAT REMAINS TO BE COMPLETED

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Initial and rebuttal expert witness disclosures and depositions.

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Party and percipient witness depositions.

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Additional written discovery.

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Third-party subpoenas.

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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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

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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

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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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

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BALLARD SPAHR LLP

LEWIS BRISBOIS BISGAARD & SMITH LLP

/s/ Hara K. Jacobs
JOEL E. TASCA
Nevada Bar No. 14124
[e-mail]
MADELEINE COLES
Nevada Bar No. 16216
[e-mail]
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Tel: [phone]
Fax: [phone]

/s/ Joel Z. Schwarz
JOEL Z. SCHWARZ
Nevada Bar No. 9181
[e-mail]
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Telephone: [phone]
Facsimile: 702.893.3789

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HARA K. JACOBS
Admitted Pro Hac Vice
[e-mail]
NOAH S. ROBBINS, ESQ.
Admitted Pro Hac Vice
[e-mail]
1735 Market Street, 51st Floor
Philadelphia, Pennsylvania 19103
Attorneys for Plaintiffs
Smith & Wesson Brands, Inc.,
Smith & Wesson Inc.

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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DANIEL C. DECARLO
Admitted Pro Hac Vice
California Bar No. 160307
[e-mail]
633 West 5th Street, Suite 4000
Los Angeles, California 90071
Telephone: [phone]
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
[e-mail]
Attorneys for Defendant SW North America,
Inc.
ORDER

IT IS SO ORDERED.
_______________________________
U.S. MAGISTRATE JUDGE
November 15, 2023
DATED: _______________________