United States District Court, D. Nevada
JAFFE & CLAYTON, LLP, STEVEN T. JAFFE, ESQ., JASON R.
WIGG, ESQ. ATTORNEYS FOR DEFENDANTS/THIRD-PARTY PLAINTIFFS
LEGACY TRANSPORTATION SYSTEMS, LLC, ANGELES TRANSPORTATION,
LLC & LEONCIO ANGELES
DEFENDANTS'/THIRD-PARTY PLAINTIFFS' EMERGENCY
MOTION TO CONTINUE HEARING OF ECF 101, 102, 109, AND 120 AND
REQUEST FOR SANCTIONS
A. Leen United States Magistrate Judge
LEGACY TRANSPORTATION SYSTEMS, LLC; ANGELES TRANSPORTATION,
LLC; and LEONCIO ANGELES (hereinafter collectively, the
"Legacy Defendants"), by and through their counsel
of record, Steven T. Jaffe, Esq., and Jason R. Wigg, Esq., of
Hall, Jaffe & Clayton, LLP, hereby move on an emergency
basis to continue the hearing as to ECF 101, 102, 109, and
120, and for sanctions.
OF POINTS AND AUTHORITIES
Legacy Defendants have pending four motions set to be heard
by this court on July 25, 2017. Counsel for the Legacy
Defendants previously contacted the court about continuing
the hearing date, because lead counsel for the Legacy
Defendants, Steven T. Jaffe, Esq., will be away on a vacation
between July 20 and August 2, which has been planned, booked,
and paid for quite some time ago. See Jaffe
Declaration, attached as Exhibit 1. The Court learned of the
parties agreement to continue the July 25 hearing date in
Legacy Defendants' Emergency Motion to Stay or Extend
Briefing Deadlines [ECF No. 114] See Wigg Declaration,
attached as Exhibit 2. Subsequent, good faith efforts were
made to continue the hearing of the pending Motions to August
8. See Exhibits 1, 2, 3, 4, 5 and 6.
motions set for hearing are, as follows:
1. Motion to Strike Plaintiffs Expert, Dr. Kathleen
Smith's Supplemental Report, ECF 101;
2. Motion to Strike Plaintiffs expert, Dan Berkabile, ECF
3. Motion to Preclude Testimony from Plaintiffs treating
physicians and to preclude them from offering expert
testimony, ECF 109; and,
4. Motion to Preclude Dr. Kathleen Smith from testifying; or,
Alternatively, to Order an Evidentiary Hearing, ECF 120.
Legacy Defendants have requested that Mr. Jaffe argue these
four motions, as lead trial counsel expressly hired for that
purpose in this matter.
Legacy Defendants began trying to obtain this rescheduling
since June 23. See Exhibit 2. Since then, Jason R.
Wigg, Esq., also working on this matter with Mr. Jaffe,
obtained every party's consent. Id.
Unfortunately, thereafter, counsel for the Plaintiff began
stonewalling the process. Id., see also Exhibit 3
and 4, which includes true and correct copies of a series of
emails exchanged between the parties on July 11 and July 12,
respectively, regarding this matter. Specifically, Eric
Dobberstein, Esq., Plaintiffs counsel, refused to commit to a
date or provide alternative dates. Id. That conduct
continued through July 12, 2017, without resolution. Emails
and records confirm the following chronology:
June 13, 2017: The court ordered hearings on ECF 101, 102,
and 109 on July 25, 2017, see ECF 112;
July 11, 2017: The court ordered an addition hearing on ECF
120, also to take place on July ...