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LLC v. Frontiera

United States District Court, D. Nevada

March 6, 2017

COUNT'S KUSTOMS, LLC Plaintiff,
v.
JOSEPH FRONTIERA, an Individual, and RANDSTAD PROFESSIONALS, DOES I through X, and DOE CORPORATIONS XI through XX, inclusive, Defendants. RANDSTAND PROFESSIONALS US, LP, Plaintiff in Counterclaim,
v.
COUNT'S KUSTOMS, LLC, Defendant in Counterclaim, RANDSTAND PROFESSIONALS US, LP, Cross Claimant
v.
JOSEPH FRONTIERA, Cross Defendant

          Theresa Mains, Esq., N. Rampart Blvd. Attorney for Defendant

          Steven Mack Black & LoBello, Attorney for Plaintiff

          JOINT MOTION TO REOPEN DISCOVERY AND EXTEND DEADLINES

         Plaintiff Count's Kustoms, LLC, through its counsel, Steven Mack, Esq., and Defendant Joseph Frontiera, through his counsel Theresa Mains, Esq. jointly and respectfully move this Court to reopen and extend discovery deadlines. This Motion is based on the following memorandum of points and authorities, and pleadings and papers on file, and any further evidence the Court deems appropriate to consider.

         MEMORANDUM OF POINTS AND AUTHORITIES

I. BACKGROUND

         On June 23, 2016, the Discovery Plan and Scheduling Order was entered. (ECF 40). On July 22, 2016, all parties, through their respective Counselors filed a Joint Motion to Schedule a Pre-Discovery Settlement Conference with Honorable Magistrate Judge Foley with suggested dates in August 2016. (ECF 45). On July 25, 2016 Magistrate Judge Foley ordered the Settlement Conference for 9:00 a.m. on September 7, 2016. (ECF 46). On September 7, 2016, a Settlement Conference was conducted with Hon. George Foley. (ECF 52). A Settlement was reached between Plaintiff and Defendant Randstad Professionals US, LP. No Settlement was reached between Plaintiff and Defendant Frontiera and the Court found the case should be returned to the normal litigation track. (ECF 52).

         Pursuant to the Discovery Plan and Scheduling Order all discovery was to be completed no later than November 21, 2016. (ECF 40). Dispositive motions were to be filed by December 21, 2016 and, if no Dispositive motions are filed then the parties joint pretrial order was to be filed by January 20, 2017. (ECF 40). An Interim Status Report was to be filed on or before September 22, 2016, as required by LR 26-3 stating the time estimated for trial and whether or not in the opinion of counsel who will be trying the case, the trial will be eliminated or its length affected by substantive motions. (ECF 40).

         The Parties file this Joint Motion to Reopen Discovery and Extend Deadlines and as demonstrated below the failure to act was due to good cause and excusable neglect.

         II. APPLICABLE LAW

         Local Rule 26-4 provides:

A motion or stipulation to extend any date set by the discovery plan, scheduling order, or other order must, in addition to satisfying the requirements of LR IA 6-1, be supported by a showing of good cause for the extension. A motion or stipulation to extend a deadline set forth in a discovery plan must be received by the court no later than 21 days before the expiration of the subject deadline. A request made within 21 days of the subject deadline must be supported by a showing of good cause. A request made after the expiration of the subject deadline will not be granted unless the movant also demonstrates that the failure to act was the result of excusable neglect. A motion or stipulation to extend a discovery deadline or to reopen discovery must include:
(a) A statement specifying the discovery completed;
(b) A specific description of the discovery that remains to be completed;
(c) The reasons why the deadline was not satisfied or the remaining discovery was not completed within the time limits set by the discovery plan; and
(d) A proposed schedule for completing all remaining discovery.

         III. LEGAL ARGUMENT

         The parties submit that there is good cause to reopen discovery and extend deadlines in this case and further they can demonstrate excusable neglect for not having filed this motion 21 days prior to the expiration of the deadlines. The parties here provide the following information related to their request.

         A. Background Information

         1. ...


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