FLS Transportation Services (USA) Inc. v. Casillas et al

Filing 46

ORDER granting 45 Stipulation to vacate case management conference set for July 24, 2017. Signed by Magistrate Judge Valerie P. Cooke on 7/19/17. (Copies have been distributed pursuant to the NEF - DN)

Case 3:17-cv-00013-MMD-VPC Document 45 Filed 07/18/17 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FLS TRANSPORTATION SERVICES
(USA) INC., a Delaware foreign
corporation,
Plaintiff,

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STIPULATION AND ORDER TO
VACATE CASE MANAGEMENT
CONFERENCE SCHEDULED FOR JULY
24, 2017

v.
ARLIEN CASILLAS, an individual, and
OPENROAD TRANSPORTATION, INC.,
an Oregon foreign corporation,
Defendants.

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CASE NO.: 3:17-CV-00013-MMD-VPC

In accordance with the Court’s directive at the parties’ case management conference held
April 24, 2017, concerning monthly case management conferences (See ECF No. 31), Plaintiff

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FLS Transportation Services (USA) Inc. (“FLS”), Defendant Arlien Casillas (“Casillas”), and

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Defendant OpenRoad Transportation, Inc. (“OpenRoad”), by and through their undersigned

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counsel, hereby stipulate to vacate the case management conference scheduled for July 24, 2017.
At this time, the parties are proceeding with discovery and have no issues to report to the Court.
As explained below, the issue that was raised with the Court previously, concerning the
sufficiency of FLS’s initial disclosures, has been briefed and remains pending for resolution by
the Court. The parties reserve their rights to bring before the Court any additional issues once
they are ripe.
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Case 3:17-cv-00013-MMD-VPC Document 45 Filed 07/18/17 Page 2 of 3

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At the prior case management conference held June 19, 2017, Defendants raised an issue

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concerning the completeness of FLS’s initial disclosures, specifically with regard to FLS’s

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disclosure of witnesses and its computation of damages. At the conference, the Court resolved

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the issue as it pertained to witness disclosures1 and directed additional briefing concerning the

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computation of damages. (See ECF No. 39.) FLS subsequently filed “points and authorities

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regarding the value of the case and the methods used in calculating that amount” (ECF No. 40) in

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which it described a revised damages computation along with an explanation of how the

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computation was derived and support for the basis for the computation and its compliance with

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initial-disclosure requirements.

Given FLS’ explanation, Defendants filed a response brief

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requesting the Court to simply order FLS to supplement its initial disclosures to reflect the

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revised damages computation described in FLS’ Points and Authorities. See ECF No. 42. In

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addition, Defendants requested the Court to make FLS’ meet and confer obligations clear. Id.

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Defendants’ requests remain pending before the Court for resolution.

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Regarding discovery, Defendants served their respective responses to FLS’s first

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interrogatories and requests for production of documents on July 14, 2017. FLS is reviewing

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these responses and reserves its right to contest their sufficiency.

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supplemental disclosures on July 14, 2017.

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interrogatories, first request for production of documents, and first requests for admission are due

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July 24, 2017. FLS also is in the process of serving records subpoenas on various customers,

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Defendants also served

FLS’s responses to Defendant Casillas’s first

Although FLS has yet to do so, it will promptly amend its initial disclosures in compliance with the
Court’s Order regarding its witness disclosures as soon as the Court has resolved the issue concerning FLS’ damages
computation.
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Case 3:17-cv-00013-MMD-VPC Document 45 Filed 07/18/17 Page 3 of 3

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carriers, and other witnesses. The parties are also in the process of revising their proposed

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protective order to address the concerns raised by the Court in its July 13, 2017, order.

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DATED this 18th day of July, 2017.

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/S/Brian Boschee, Esq. _________
Brian W. Boschee
Nevada Bar No. 7612
[e-mail]
James W. Puzey
Nevada Bar No. 5745
[e-mail]
HOLLEY, DRIGGS, WALCH,
PUZEY & THOMPSON
800 South Meadows Parkway, Suite 800
Reno, Nevada 89521

/s/ Anthony L. Hall
Anthony L. Hall
Nevada Bar No. 5977
[e-mail]
Ricardo N. Cordova
Nevada Bar No. 11942
[e-mail]
HOLLAND & HART LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Attorneys for Defendant Arlien Casillas

Robert W. Tormohlen
(Pro Hac Vice)
[e-mail]
Joseph E. Bant
(Pro Hac Vice)
[e-mail]
LEWIS RICE LLC
1010 Walnut, Suite 500
Kansas City, Missouri 64106
Telephone: [phone]
Attorneys for Plaintiff FLS Transportation
Services (USA) Inc.

/S/ Molly M. Rezac, Esq.
Molly M. Rezac
Nevada Bar No. 7435
[e-mail]
Amy A. McGeever
Nevada Bar No. 13535
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.
543 Plumas Street
Reno, Nevada 89509
Telephone: [phone]
Attorneys for Defendant OpenRoad
Transportation, Inc.

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ORDER

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IT IS SO ORDERED:

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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July 19, 2017
DATED:____________________________

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