United States District Court, D. Nevada
MARQUIS AURBACH COFFING Albert G. Marquis, Esq. Nevada Bar
No. 1919 Chad F. Clement, Esq. Nevada Bar No. 12192 James
Beckstrom, Esq. Nevada Bar No.14032 10001 Park Run Drive Las
Vegas, Nevada 89145 Attorneys for Defendants
F. Clement, Esq.
MOTION TO EXTEND TIME TO FILE OPPOSITION TO
PLAINTIFF'S MOTION TO COMPEL [ECF NO. 90] (SECOND
A. Leen, United States Magistrate Judge.
Jake's Crane, Rigging & Transport International,
Inc., as well as the other entities (collectively,
“Jake's”) by and through its counsel of
record Albert G. Marquis, Esq., Chad F. Clement, Esq., and
James Beckstrom, Esq., of the law firm of Marquis Aurbach
Coffing, hereby submits its Motion to Extend Time to File its
Opposition to Plaintiffs Motion to Compel from its current
due date, that being Monday, November 13, 2017, for fourteen
(14) calendar days; which would make the due date November
28, 2017. This Motion is made and based upon the papers and
pleadings on file herein and the following Memorandum of
Points and Authorities. This motion is filed on November 13,
2017. See LR 6-1.
OF POINTS AND AUTHORITIES
hereby moves this Court for a two week extension of time to
file an Opposition to Bemo USA Coporation's Motion to
Compel Compliance with Subpoena Duces Tecum to Rich Wightman
& Company. This Motion is supported by good cause as
indicated by the Declaration of Chad Clement, Esq., attached
hereto, and made without the intent to delay, hinder, or
FACTS RELEVANT TO THIS REQUEST
instant Motion follows diligent efforts by the counsel for
Jake's to timely resolve the underlying objections to the
subpoena duces tecum to Rich Wightman & Company
(“Wightman”) without judicial intervention.
Counsel has diligently worked with opposing counsel Phillip
Varricchio, Esq. and Rachel J. Holzer, Esq., in an attempt to
avoid having to file the instant Motion to no avail.
Subpoena Duces Tecum was issued to Wightman, a non-party
accountant for Jake's, seeking production of records on
February 1, 2017. Within that Subpoena, Plaintiff sought
production of nearly twenty-five years of documents relating
to six non-party entities, containing no proximal limitation.
Additionally, the Subpoena sought information that contained
privileged accountant-client information, as to the same six
non-party entities. The subpoena requested Wightman produce:
“[A]ny and all documentation of financial records
(including but not limited to tax returns, bank statements,
income statements, general deposits, balance sheets, patents,
patent license agreements, patent assignments) which name,
benefit and/or identify the following entities: (1)
Jake's Crane Rigging and Transport International; (2)
Construction Management Co.; (3) Ganesh, LLC; (4) Ganesh II,
LLC; (5) Robb Technologies, LLC; (6) Transworld Manufacturing
Company; and (7) Lift Equipment Certification Company,
See Exhibit 1, attached to ECF DKT.
February 10, 2017, counsel for Wightman, Frank Ellis, Esq.
served a written objection pursuant to FRCP 45(2)(B).
Additionally, Jake's served a written objection on March
6, 2017. Following the written objections by both Jake's
and Wightman, Plaintiff had limited contact with Jake's
or Wightman for almost eight months. Based on the
understanding the parties were working towards an amicable
solution to narrow the scope and proximity of the requests,
counsel for both Jake's and Wightman waited for Bemo to
provide further information as to how they would agree to
narrow the requests at issue.
October 18, 2017, Bemo, after months of no communication with
Jake's or Wightman, filed the underlying Motion to
Compel. As set forth in the Declaration of Chad Clement,
Esq., since the filing of Bemo's Motion to Compel,
Jake's has made numerous good faith efforts to contact
his clients. Additionally, Jake's counsel has reached out
to Bemo in an attempt to narrow the scope of information
requested and produce the requested information without
judicial intervention. However, based on counsel's
current trial schedule and Mr. Ellis being out of the
jurisdiction from November 6, 2017 through November 10, 2017,
counsel has been unable to meaningfully discuss the
underlying requests. During this time, Counsel for Jake's
has been working diligently to discuss the requests with
Jake's, but due to ...