Polaris Processing, LLC v. New Rise Renewables Reno, LLC

Filing 52

ORDER Granting 50 Stipulation to Extend Discovery Deadlines. Discovery due by 7/18/2025. Motions by 8/18/2025. Proposed Joint Pretrial Order by 9/16/2025. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 3/11/2025. (Copies have been distributed pursuant to the NEF - JG)

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Charles E. Gianelloni (NV Bar No. 12747)
Markie L. Betor (NV Bar No. 15505)
SNELL & WILMER L.L.P.
1700 South Pavilion Center Drive, Suite 700
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Polaris Processing, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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POLARIS PROCESSING, LLC,

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Snell & Wilmer

L.L.P.
LAW OFFICES
1700 South Pavilion Center Drive, Suite 700
Las Vegas, Nevada 89135
702.784.5200

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Plaintiff,
vs.

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

NEW RISE RENEWABLES RENO, LLC,

(FIRST REQUEST)

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Defendant.
NEW RISE RENEWABLES RENO, LLC,
Counter-Complainant,
vs.

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POLARIS PROCESSING, LLC, Individual
DOES 1-10; ROES 1-10, inclusive,

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Counter-Defendants.

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NEW RISE RENEWABLES RENO, LLC,

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Third-Party Plaintiff,

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vs.

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TERRY FRIEDMAN & JULIE THROOP,
PLLC; JOHN C. BOYDEN, ESQ., an
individual; GREATER NEVADA CREDIT
UNION, a domestic non-profit cooperative
corporation; TRUIST BANK, NORTH
CAROLINA, a Tennessee Corporation;
KING FIRM LLC, a fictitious corporation;
DOES 1-10; ROE BUSINESS and ROE
CORPORATIONS 1-10, inclusive,

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Case No. 2:24-cv-1907-JAD-MDC

Third-Party Defendants.

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4916-9535-5173

L.L.P.
LAW OFFICES
1700 South Pavilion Center Drive. Suite 700
Las Vegas, Nevada 89169
702.784.5200

Snell & Wilmer

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Polaris Processing, LLC (“Polaris”), New Rise Renewables Reno, LLC (“New Rise”),

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Greater Nevada Credit Union (“Credit Union”), Terry Friedman & Julie Throop, PLLC and John

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C. Boyden, Esq. (collectively, “Throop and Boyden” and together with Polaris, New Rise, and

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Credit Union, the “Parties”) by and through their respective counsel, hereby submit this Stipulation

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and Order to Extend Discovery Deadlines (“Stipulation”) pursuant to Local Rule 26-1 and Federal

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Rule of Civil Procedure 26(f)(3), which supersedes the Order Granting the Amended Joint

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Discovery Plan and Scheduling Order (“Joint Discovery Plan”) entered January 15, 2025 [ECF No.

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31]. When Polaris and New Rise submitted the Joint Discovery Plan that the Court entered, New

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Rise was in the process of serving third-party defendants named in its third-party complaint filed

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on November 11, 2024 [ECF No. 7]. As a result, New Rise and Polaris informed the Court of their

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intention to extend the deadlines outlined in the Joint Discovery Plan at a later date to ensure a

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standardized discovery schedule for all participants in the litigation [ECF No. 31, n. 1].

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Accordingly, the Parties seek to extend discovery deadlines sixty (60) days, so all Parties have

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adequate time to gather and analyze relevant information. This is the first request to extend

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discovery deadlines, and this request is made in good faith and not for purposes of undue delay.

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A. Discovery Completed

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On January 27, 2025, Polaris served its initial disclosures, and on February 20, 2025,

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Throop and Boyden served its initial disclosures. The Parties are currently working on a protective

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order, and after the Court enters that order, the Parties will exchange confidential initial disclosure

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documents. On March 7, 2025, the Parties attended a supplemental Rule 26 conference that

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included new parties Throop and Boyden and the Credit Union. Only Polaris and New Rise

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attended the original Rule 26 conference.

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B. Discovery Remaining

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The Parties anticipate propounding written discovery, disclosing one or more experts and/or

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rebuttal experts, and taking depositions of party, non-party, and expert witnesses. The Parties may

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also subpoena nonparty representatives and make additional document disclosures.

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C. Good Cause Supports the Extension, and Any Noncompliance with Current

Snell & Wilmer

L.L.P.
LAW OFFICES
1700 South Pavilion Center Drive. Suite 700
Las Vegas, Nevada 89169
702.784.5200

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Deadlines Constitutes Excusable Neglect

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The Parties can establish that any failure to meet the current deadlines resulted from a delay

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in service of third-party plaintiff New Rise’s third-party complaint on Throop and Boyden and the

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Credit Union, and the need to align all parties on a standardized discovery schedule, both of which

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constitute excusable neglect. LR IA 6-1 states that “[a] request made after the expiration of the

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specified period will not be granted unless the movant or attorney demonstrates that the failure to

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file the motion before the deadline expired was the result of excusable neglect.”

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Here, New Rise filed third-party claims against Throop and Boyden and the Credit Union

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and needed time to serve the third-party defendants. The delay in service led to new parties joining

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the case and holding a supplemental Rule 26 conference on dates that conflicted with the existing

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Joint Discovery Plan. When the Joint Discovery Plan was entered on January 15, 2025, New Rise

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was still in the process of serving third-party defendants named in its third-party complaint filed on

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November 11, 2024 [ECF No. 7]. As noted in the Joint Discovery Plan, Polaris and New Rise

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informed the Court of their intent to extend the deadlines to ensure a standardized discovery

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schedule for all participants [ECF No. 31, n. 1]. Notably, Throop and Boyden's counsel did not

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appear until February 12, 2025 [ECF No. 41], and Credit Union did not appear until February 21,

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2025 [ECF No. 47]. As a result, Credit Union’s appearance occurred after the deadline to amend

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pleadings and add parties had already passed [ECF No. 31]. Given these circumstances, any failure

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to meet the current deadlines was due to delays in service and the necessity of standardizing the

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discovery schedule to promote judicial efficiency. Because these factors constitute excusable

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neglect, the Court should grant the requested extension of the discovery deadlines.

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D. Proposed Schedule

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Initial disclosures for Credit Union will be due March 21, 2025. The following dates are

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the current and proposed deadlines for the Parties.

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