Walden et al v. State of Nevada, et al

Filing 108

MINUTES OF PROCEEDINGS - Discovery Status Conference held on 6/7/2017 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Joshua Buck; Mark Thierman; Def Counsel: Richard Dreitzer; C. Wayne Howle; Time of Hearing: 10:03 a.m.-11:04 a.m.; Courtroom: 2; Before discussing the subject of today's conference, the court orders that the stipulation for enlargement of time to respond to Defendant's motion to strike 100 is GRANTED nunc pro tunc and that the stipulation for enlargement of time to respond to Defendant's motion to dismiss 101 is GRANTED nunc pro tunc. The court and counsel have extensive discussion as to what discovery is appropriate to undertake at this time. Deposition and written discovery deadlines set. The court modifies the discovery plan and scheduling order as follows: Discovery Cut-Off: Friday, 11/17/2017; Disclosure of Experts: Friday, 9/1/2017; Rebuttal Experts: Friday, 10/6/2017; Motion for Class Certification/Motion to Decertify : Friday, 12/22/2017; and Dispositive Motions: Deferred until 45 days after decision on the Motion for Class Certification/Motion to Decertify. Status Conference set for Wednesday, 7/19/2017 at 1:30 PM in Reno Courtroom 2 before Magistrate Judge William G. Cobb. Counsel wishing to appear telephonically shall dial 1-877-873-8017, enter the access code 3416460, and enter the security code 71917 approximately five (5) minutes prior to the hearing.A joint status report shall be submitted to the court no later than Thursday, 7/13/2017. If appropriate, counsel may contact Ms. Ogden prior to 7/13/2017, to advise her whether the status conference is necessary at that time or not, which the court may then vacate the hearing and reschedule it at a later date.(Copies have been distributed pursuant to the NEF - HJ)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JACOB WALDEN, et al.,

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Plaintiffs,
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vs.
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STATE OF NEVADA, et al.,
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Defendants.
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___________________________________ )

Case No. 3:14-cv-00320-MMD-WGC
MINUTES OF PROCEEDINGS

June 7, 2017

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

Katie Lynn Ogden

COUNSEL FOR PLAINTIFFS:

REPORTER:

FTR

Joshua Buck and Mark Thierman (Present)

COUNSEL FOR DEFENDANTS: Richard Dreitzer and C. Wayne Howle (Present)
MINUTES OF PROCEEDINGS: Discovery Status Conference
10:03 a.m. Court adjourns.
The court holds today’s conference to address the parties’ Proposed Second Amended
Discovery Plan and Scheduling Order [Special Scheduling Review Requested]” (ECF No. 102)
and the competing positions held by the Plaintiffs and Defendant State of Nevada on behalf of
the Department of Corrections (NDOC) with regard to the matter of discovery.
The court first inquires about the accuracy of the list of attorneys who have made an
appearance in this case on behalf of the Defendant. Mr. Dreitzer states he will review the list
captioned on the docket and make any corrections necessary to clarify the record of Defendant’s
attorneys of record. Mr. Howle states he is only “covering” the Attorney General’s Office and
will not be counsel of record.
Before discussing the subject of today’s conference, the court orders that the parties’
stipulation for enlargement of time to respond to Defendant’s motion to strike (ECF No. 100) is
GRANTED nunc pro tunc and that the parties’ stipulation for enlargement of time to respond to
Defendant’s motion to dismiss (ECF No. 101) is GRANTED nunc pro tunc.
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MINUTES OF PROCEEDINGS
3:14-cv-00320-MMD-WGC
June 7, 2017

The court next discusses with counsel its preliminary evaluation of the case and reminds
counsel that its evaluation is not a prediction of how District Judge Du will rule on Defendant’s
motion to dismiss Plaintiffs’ First Amended Complaint (ECF No. 99). The court states, at this
time, it is operating under the interpretation that the Plaintiffs’ First Amended Complaint
(ECF No. 95) will survive Defendant’s motion to dismiss. Therefore, a stay of the case is not
necessary and limited discovery is appropriate given the assertions are made with more
specificity within the amended complaint.
In view of the court’s position, the court and counsel have extensive discussion as to what
discovery is appropriate to undertake at this time. Plaintiffs’ position is that discovery is limited
to experts and all other discovery has been completed as to the named Plaintiffs and as to a
representative sampling of the opt-in Plaintiffs. Defendant takes the position that by reasons of
Plaintiffs’ First Amended Complaint they are entitled to discovery as to named Plaintiffs and
representative Plaintiffs. Defendant seeks to depose a certain number of Plaintiffs and also
propound written discovery.
The court stresses the importance of recently amended Fed. P. Civ. P. 1 which
emphasizes the importance of the “inexpensive determination” of lawsuits. Accordingly,
discovery is hereby limited to a representative number of Plaintiffs–not all Plaintiffs who have
opted into this action will be subject to discovery requests. The court sets forth the parameters of
discovery as follows:
DEPOSITIONS:
•

•

•

Defendant is allowed to depose five (5) named Plaintiffs. Depositions are to not
exceed two 2 hours. Deadline to complete depositions is Thursday, 10/5/2017;
however, the court encourages the depositions be completed before the stated
deadline.
Defendant is allowed to re-depose five (5) opt-in Plaintiffs, preferably current
state employees who have already been deposed (a list of names are identified at
ECF No. 102, pg. 9) . Depositions are to not exceed one (1) hour. Deadline to
complete depositions is Thursday, 10/5/2017;however, the court encourages the
depositions be completed before the stated deadline.
Defendant is allowed to depose five (5) new opt-in Plaintiffs who have not been
previously deposed, preferably current state employees. Depositions are to not
exceed two (2) hours. Deadline to complete depositions is Tuesday, 8/1/2017.

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MINUTES OF PROCEEDINGS
3:14-cv-00320-MMD-WGC
June 7, 2017

WRITTEN DISCOVERY:
•

Defendant is allowed to propound written discovery on twenty (20) opt-in
Plaintiffs. Written discovery shall not exceed ten (10) questions, including
sub-parts. Defendant shall serve the written discovery requests no later than
12:00 p.m. on Wednesday, 6/14/2017. Plaintiffs shall respond to discovery no
later than close of business Friday, 7/14/2017. Counsel are directed to confer
about how to identify the selection of the twenty (20) opt-in Plaintiffs to serve
written discovery. The court suggests that the twenty (20) Plaintiffs be current
state employees.

If necessary, the court will entertain a motion by the Defendant for additional depositions and/or
written discovery.
The court next modifies the discovery plan and scheduling order as follows:
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Discovery Cut-Off: Friday, 11/17/2017;
Disclosure of Experts: Friday, 9/1/2017;
Rebuttal Experts: Friday, 10/6/2017;
Motion for Class Certification/Motion to Decertify : Friday, 12/22/2017; and
Dispositive Motions: Deferred until 45 days after decision on the Motion for
Class Certification/Motion to Decertify.

The court schedules a status conference for Wednesday, 7/19/2017, at 1:30 p.m.
Counsel wishing to appear telephonically shall dial 1-877-873-8017, enter the access code
3416460, and enter the security code 71917 approximately five (5) minutes prior to the hearing.
A joint status report shall be submitted to the court no later than Thursday, 7/13/2017. If
appropriate, counsel may contact Ms. Ogden prior to 7/13/2017, to advise her whether the status
conference is necessary at that time or not, which the court may then vacate the hearing and
reschedule it at a later date.
The court directs counsel to schedule a meet and confer conference to address the setting
of NDOC site visits at the various facilities throughout the District of Nevada.
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MINUTES OF PROCEEDINGS
3:14-cv-00320-MMD-WGC
June 7, 2017

Counsel are advised they may contact Ms. Ogden to schedule an expedited discovery
status conference should a discovery dispute arise; however, counsel are reminded to comply
with the meet and confer requirements of the local rules before requesting the court’s
intervention.
There being no additional matters to address at this time, court adjourns at 11:04 a.m.
DEBRA K. KEMPI, CLERK OF COURT
By:

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/s/
Katie Lynn Ogden, Deputy Clerk