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Douglas v. Dreamdealers USA, LLC

United States District Court, D. Nevada

March 13, 2017

EDWARD B. DOUGLAS, an individual, Plaintiffs,
v.
DREAMDEALERS USA, LLC d/b/a EXOTICS RACING, A Nevada limited liability company, DAVID PERISSET, an individual, and ROMAN THIEVIN, an individual, Defendant.

          Dustin L. Clark, Esq. Clark Law Counsel PLLC Attorney for Plaintiff

          Wendy Medura Krincek, Esq. Matthew T. Cecil, Esq. Littler Mendelson, P.C. Attorneys for Defendants

          (PROPOSED) STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES

         Pursuant to Local Rules 6-1 and 26-4, Defendants, DREAMDEALERS USA, LLC d/b/a EXOTICS RACING, DAVID PERISSET, and ROMAN THIEVIN (hereinafter “Defendants”), and Plaintiff, EDWARD B. DOUGLAS (“Plaintiff”), by and through their respective attorneys of record, hereby stipulate to amend the Discovery Plan and Scheduling Order (ECF No. 13) by extending the outstanding discovery deadlines for a period of one-hundred-and-twenty (120) days. This is the first request for an extension to the discovery plan and scheduling order in this matter. The requested extension is sought in good faith and not for purposes of undue delay.

         I. COMPLIANCE WITH LR-26-4

         Local Rule 26-4 and the Discover Plan and Scheduling Order provide that the parties' request to extend discovery must be submitted no later than 21 days prior to the date the parties seek to extend, otherwise the parties must show that the failure to timely submit the request was caused by excusable neglect. In this case, 21 days before the current April 2, 2018 discovery cutoff date is March 12, 2018. The parties timely submit this Stipulation on March 12, 2018.

         II. DISCOVERY COMPLETED TO DATE

         The parties have exchanged initial disclosures pursuant to FRCP 26(a)(1). Plaintiff has propounded requests for production of documents and interrogatories, and Defendants have propounded requests for production of documents, interrogatories, and requests for admissions.

         III. DISCOVERY THAT REMAINS TO BE COMPLETED

         The parties each need to respond to written discovery, and may need to propound additional written discovery. Defendants anticipate taking Plaintiff's deposition and may need to take other depositions or serve third party subpoenas depending on Plaintiff's discovery responses and deposition. Plaintiff anticipates taking depositions from Defendant Perisset, Defendant Theivin, and a 30(b)(6) witness from Defendant Dreamdealers. Plaintiff may need to take other depositions depending on Defendants' discovery responses and depositions. The Parties agreed to continue the responses to the outstanding written discovery while they were engaged in settlement discussions. Settlement discussion recommenced between the parties at the ENE, which was held on January 16, 2018, and have been ongoing in good faith since that date.

         IV. REASONS FOR EXTENSION TO COMPLETE DISCOVERY

         Good cause exists to extend the discovery deadlines as requested. The Parties have been engaged in good faith settlement discussions since before the Complaint was filed. These discussions resumed during the ENE on January 16, 2018 and have continued in good faith since the ENE. The parties believe in good faith that there is a reasonable likelihood of settlement. Accordingly, the parties have not wanted to upset their progress with (potentially contentious and costly) discovery and motion practice.

         If this matter does not settle, this extension is necessary to allow both parties ample time to complete all appropriate discovery. Specifically, additional time is needed to complete written discovery, subpoena third party records, and take depositions.

         The parties believe that barring any unforeseen circumstances, all necessary discovery can be accomplished by the requested extended deadlines.

         REVISED ...


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