Utherverse, Inc. et al v. Quinn et al

Filing 31

ORDER SETTING CASE MANAGEMENT CONFERENCE - An in-person case management conference is set before this Court on TUESDAY, APRIL 8, 2025, at 9:00 a.m. in Courtroom 2. The parties shall file a Joint Case Management Report electronically on CM/ECF by 4:00 p.m. on THURSDAY, APRIL 3, 2025. In advance of the mandatory case management conference, the parties shall file a proposed Discovery Plan and Scheduling Order no later than THURSDAY, APRIL 3, 2025. Signed by Magistrate Judge Craig S. Denney on 3/4/2025. (Copies have been distributed pursuant to the NEF - GA)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UTHERVERSE, INC., et al,

Case Number 3:25-cv-00020-MMD-CSD

Plaintiffs,

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ORDER SETTING CASE
MANAGEMENT CONFERENCE

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vs.

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BRIAN QUINN, et al,

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Defendants.

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Pursuant to the Federal Rule of Civil Procedure 16 and Local Rule (“LR”) 16-2, a

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case management conference shall be set before United States Magistrate Judge Craig

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Denney as the court concludes that a Rule 16 case management conference will assist

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the parties, counsel, and the court.

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An in-person case management conference is set before this Court on TUESDAY,
APRIL 8, 2025, at 9:00 a.m. in Courtroom 2.

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The case management conference is mandatory and lead counsel or trial

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counsel are required to appear for this hearing. If there is a conflict with the date and

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time for the hearing, counsel have leave to request that the conference be continued.

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Counsel who have not made a formal appearance in the case or whose name does not

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appear on CM/EMF will not be permitted to appear. Moreover, failure to attend the case

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management conference or attending the case management conference without a

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thorough familiarity of the facts and the law related to the instant case may result in

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sanctions.

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In preparation for this case management conference, IT IS HEREBY ORDERED:

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A.

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Within twenty (20) days of the case management conference, lead counsel for

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each party are ordered to meet and confer either, in person, or telephonically, to discuss

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the following:

Meet and Confer

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1.

Settlement: Counsel shall thoroughly discuss the possibility of

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settlement before undertaking the preparation of the Joint Case Management Report or

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engaging in extensive discovery. However, if after the initial meet and confer session,

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settlement discussions are progressing, the parties must comply still with the

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requirements of this order unless otherwise excused by the Court. If the entire case is

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settled, the parties must promptly notify the Court and counsel’s presence, as well as a

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Joint Case Management Report, will not be required.

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2.

Electronically Stored Information (“ESI”): Prior to the meet and

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confer session, each counsel should carefully investigate their respective client's

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information management system so that they are knowledgeable as to its operation,

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including how information is stored and how it can be retrieved. The parties shall meet

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and attempt to agree on the following matters related to ESI:

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a)

What types of ESI will be at issue in the case;

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b)

The steps the parties will take to segregate and preserve

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computer?based information in order to avoid accusations of spoliation;
c)

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The scope of e?mail discovery and attempt to agree upon an

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e?mail search protocol. This should include an agreement regarding inadvertent

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production of privileged e?mail messages;

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d)

Whether or not restoration of deleted information may be

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necessary, the extent to which restoration of deleted information is needed, and who will

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bear the costs of restoration;
e)

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Whether or not back?up data may be necessary, the extent

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to which back?up data is needed and who will bear the cost of obtaining back?up data;

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and,
f)

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Native Format, etc.

An agreed upon format of ESI disclosures, such as PDF vs.

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3.

Issues Required for Case Management Report: The parties shall

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meet and confer on all the various other items required in the Joint Case Management

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Report.

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B.

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The parties shall file a Joint Case Management Report electronically on CM/ECF

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by 4:00 p.m. on THURSDAY, APRIL 3, 2025. This report shall not exceed fifteen (15)

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pages and shall not include any attached exhibits.

Joint Case Management Report

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However, if any party fails to participate in preparing the Joint Case Management

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Report, the non?offending party shall detail the party's effort to get the offending party to

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participate in drafting the report. The non?offending party shall still file the report one (1)

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full week prior to the case management conference. The offending party may be subject

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to sanctions, including monetary sanctions to compensate the non?offending party's time

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and effort incurred in seeking compliance with this order.

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C.

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The joint case management report shall include the following information in

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Contents of Joint Case Management Report

separately numbered paragraphs as designated below:
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A short statement of the nature of the case (three pages or less),

including a description of each claim and defense;
2.

The jurisdictional bases for the case, citing specific jurisdictional

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statutes. If jurisdiction is based on diversity, the citizenship of each party shall be identified

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and the amount in controversy must be stated;

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3.

Whether any party expects to add additional parties to the case or

otherwise amend the pleadings;
4.

Whether there are any pending motions, including a brief description

of those motions;
5.

Whether this case is related to any other case pending before this

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court or any other court, including a bankruptcy court, and if so, provide a brief description

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of the status of those case(s);

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6.

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addresses the following issues:

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A complete and detailed statement related to discovery, which
a)

The date the Rule 26(f) initial disclosures were provided, or

will be provided, by each party;

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b)

A brief statement regarding, what discovery requests have

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been served by any party, who the requests were served upon, and the due dates for

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responses to those requests;

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c)

Whether the parties anticipate the need for a protective

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order relating to the discovery of information relating to a trade secret or other

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confidential research, development, or commercial information;
d)

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Any issues or proposals relating to the timing, sequencing,

phasing, or scheduling of discovery;
e)

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Whether the parties anticipate the need to take discovery

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outside of the District of Nevada or the United States and, if so, a description of the

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proposed discovery; and,
f)

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A summary of the number of depositions each party

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anticipates taking, information related to the anticipated location of those depositions,

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and whether any party anticipates video and/or sound recording of depositions.

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7.

A brief statement regarding the types of ESI expected in the case,

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where the ESI is located, a statement of any agreements reached by the parties related

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to ESI on the issues listed above, and any outstanding disagreements between the

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parties related to ESI.

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8.

Whether a jury trial has been requested, whether the request for a

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jury trial is contested (if the request is contested, set forth reasons), and an estimated

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length for trial.

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9.

A statement as to the possibility of settlement and when the parties

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desire a court sponsored settlement conference, i.e., before further discovery, after

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discovery, after dispositive motions, etc.

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10.

Whether the parties intend to proceed before the magistrate judge.

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Presently, when a civil trial is set before the district judges, any criminal trial set that

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conflicts with the civil trial will take priority, even if the civil trial was set first.

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Continuances of civil trials under these circumstances may no longer be entertained,

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absent good cause, but the civil trial may instead trail from day to day or week to week

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until the completion of either the criminal case or the older civil case. The parties are

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advised that they are free to withhold consent or decline magistrate jurisdiction without

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adverse substantive consequences. 1 and,

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Whether either party requests bifurcation or phasing of trial or has any

other suggestion for shortening or expediting discovery, pre?trial motions or trial.

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The parties are reminded that the filing of a dispositive motion does not stay a

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case in federal court, nor does it excuse the parties with proceeding with their discovery

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obligations as required by the Local Rules and the Federal Rules of Civil Procedure.

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Failure to follow the Local Rules and comply with discovery obligations without first

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obtaining an order from the court either delaying discovery requirements, staying

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discovery or staying the entire case may result in sanctions.

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D.

Discovery Plan and Scheduling Order

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In advance of the mandatory case management conference, the parties

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shall file a proposed Discovery Plan and Scheduling Order no later than THURSDAY,

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APRIL 3, 2025.

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Following the case management conference, the court will issue a discovery plan

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and scheduling order (DPSO). Once issued, the dates in the DPSO are firm and no

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A form to be used for consent to proceed before the Magistrate Judge may be
found on the Court’s website, www.nvd.uscourts.gov/Forms.aspx (AO 85, Notice of
Availability of a U.S. Magistrate Judge). Consent forms should NOT be electronically
filed. Upon consent of all parties, counsel are advised to manually file the form with the
Clerk’s Office.
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extension will be given without permission from the court based on a showing of good

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cause.

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Should counsel fail to appear at the Joint Case Management Conference or

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fail to comply with the directions as set forth above, an ex parte hearing may be

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held and contempt sanctions, including monetary sanctions, dismissal, default, or

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other appropriate judgment, may be imposed and/or ordered.

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IT IS SO ORDERED.

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Dated: March 4, 2025

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CRAIG S. DENNEY
UNITED STATES MAGISTRATE JUDGE