Scruggs v. Background Checks, Inc.

Filing 18

ORDER granting 17 Stipulation TO EXTEND DISCOVERY DEADLINES [FIRST REQUEST]. Discovery due by 7/18/2025. Motions due by 8/18/2025. Proposed Joint Pretrial Order due by 9/22/2025. Signed by Magistrate Judge Daniel J. Albregts on 1/28/2025. (Copies have been distributed pursuant to the NEF - CAH)

Case 2:24-cv-01932-JCM-DJA

1
2
3
4
5
6
7
8

Document 17

Filed 01/27/25

Page 1 of 4

LIPSON NEILSON P.C.
JOSEPH P. GARIN, ESQ.
Nevada Bar No. 6653
ANGELA N. OCHOA, ESQ.
Nevada Bar No. 10164
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Background Checks, Inc.

9
IN THE UNITED STATES DISTRICT COURT

LIPSON NEILSON P.C.

9900 Covington Cross Drive, Suite 120, Las Vegas, Nevada 89144
Telephone: [phone] Facsimile: [phone]

10

FOR THE DISTRICT OF NEVADA

11
12

STEPHEN ALEXIAN SCRUGGS,

13
14

Plaintiff,
vs.

15

BACKGROUND CHECKS, INC.,

16

Defendant.

Case No: 2:24-cv-01932-JCM-DJA
STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
[FIRST REQUEST]

17
18
19
20
21
22
23
24
25
26
27
28

Pursuant to Local Rules IA 6-1 and 26-3, the parties hereby jointly stipulate and
move the Court for a 60-day extension of the case deadlines set forth in the prior
Scheduling Order (ECF No. 11). This is the parties’ first joint request and is made in
good faith for the reasons set forth below.
Good cause exists for the joint request of the parties, as explained further below,
given the approaching deadline for the parties to file a motion for leave to amend the
complaint. Pursuant to Local Rule 26-3, the parties provide the following information
relative to the status of discovery and the proposed extension:
(a)

A statement specifying the discovery completed:
1.

The parties have exchanged Initial Disclosures in accordance with
Fed. R. Civ. P. 26(a)(1).
Page 1 of 4

Case 2:24-cv-01932-JCM-DJA

1

2.

Page 2 of 4

Defendant BACKGROUND CHECKS, INC. served First Set of
Requests for Production of Documents and Interrogatories to

3

Plaintiff on January 15 2025.
3.

Defendant BACKGROUND CHECKS, INC. served Notice of

5
6

LIPSON NEILSON P.C.

Filed 01/27/25

2

4

9900 Covington Cross Drive, Suite 120, Las Vegas, Nevada 89144
Telephone: [phone] Facsimile: [phone]

Document 17

Subpoena to be served to American Seafood Company.
(b)

A specific description of the discovery that remains to be completed:

7

1.

The parties anticipate serving additional written discovery.

8

2.

The parties need to complete the following depositions:

9

i.

Plaintiff’s deposition.

10

ii.

Rule 30(b)(6) witness for Background Checks, Inc.

11

iii.

Percipient witnesses identified in disclosures

12

iv.

Expert depositions to be determined

13
14

3.
(c)

The parties need to identify, retain and disclose expert witnesses.

The reason why the deadline was not satisfied or the remaining discovery

15

was not completed within the time limits set by the discovery plan: Good cause exists

16

for the joint request of the parties based on several factors including:

17

1.

The Scheduling Order sets a deadline of February 21, 2025 for the

18

parties to file motions to amend pleadings. With the allegations in

19

the Complaint being that Defendant caused Plaintiff to be damaged

20

due to a loss of employment, Defendant seeks discovery into his

21

allegations before filing suit against potential third-parties such as

22

Plaintiff’s former employer. Having not yet received responses to

23

written discovery, additional time is needed for Defendant to

24

investigate.

25

2.

One of the main witnesses to this case, American Seafoods

26

Company is located out of state, which requires additional time for

27

the parties to coordinate scheduling of depositions.

28
Page 2 of 4

Case 2:24-cv-01932-JCM-DJA

1

3.

Page 3 of 4

The parties have been working in good faith to advance this case,
as the parties are also in the process of negotiating a stipulated

3

protective order.
4.

5

This case is relatively new, with Defendant’s Answer having been
filed on December 5, 2024.

6

5.

Based on their good faith efforts to advance the case, the parties

7

believe good cause exists to extend all discovery deadlines by 60

8

days.

9

LIPSON NEILSON P.C.

Filed 01/27/25

2

4

9900 Covington Cross Drive, Suite 120, Las Vegas, Nevada 89144
Telephone: [phone] Facsimile: [phone]

Document 17

(d)

A proposed schedule for completing all remaining discovery: For the

10

reasons stated above, the parties request that the current dates in the Discovery Plan

11

and Scheduling Order (ECF No.11) be amended to reflect the following deadlines:

12
13

Discovery Cut Off Date

14
15
16
17
18

Current Date

New Date

May 19, 2025

July 18, 2025

Last Day to file motions to amend February 21, 2025
or add parties
Initial expert disclosures
March 20, 2025

April 22, 2025

Rebuttal expert disclosures

April 20, 2025

June 19, 2025

Final Date to file Dispositive
Motions

June 18, 2025

August 18, 2025
(60th day is a Sunday)

May 19, 2025

19
Joint Pretrial Order, Fed. R. Civ. P. 26(a)(3) disclosure, and any objections are

20
21
22
23
24
25
26
27
28

currently due on July 23, 2025, and should be amended to a new deadline of
September 22, 2025 (Unless dispositive motions are filed, in which case the deadline
for the joint pretrial order is 30 days after the dispositive motion deadline.)
///
///
///
///
///
Page 3 of 4

Case 2:24-cv-01932-JCM-DJA

1
2
3

Document 17

into by the parties in good faith and not for purposes of delay.
Dated this 27th day of January, 2025.
LIPSON NEILSON P.C.

5

G

6

____________
JOSEPH P. GARIN, ESQ.
Nevada Bar No. 6653
ANGELA N. OCHOA, ESQ.
Nevada Bar No. 10164
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144

8
9

CONSUMER ATTORNEYS

LIPSON NEILSON P.C.

/s/ Michael Yancey_____________
MICHAEL YANCEY III, ESQ.
Nevada Bar No. 16158
2300 West Sahara Ave., Suite 800
Las Vegas, NV 89102

12

RYAN PETERSON, ESQ.
CONSUMER JUSTICE LAW FIRM
Pro Hac Vice Application Pending
6600 France Ave., Suite 602
Edina, Minnesota 55435

13

Attorneys for Plaintiff

10
9900 Covington Cross Drive, Suite 120, Las Vegas, Nevada 89144
Telephone: [phone] Facsimile: [phone]

Page 4 of 4

The parties have stipulated to these extension dates. This stipulation is entered

4

7

Filed 01/27/25

11

Attorneys for Defendant Background
Checks, Inc.

14
15
16
17

ORDER
IT IS SO ORDERED.

18
19
20

____________________________________
UNITED STATES MAGISTRATE JUDGE

21

1/28/2025
Dated: _______________________________

22
23
24
25
26
27
28
Page 4 of 4