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Rivero v. Portfolio Recovery Associates, LLC

United States District Court, D. Nevada

December 20, 2017

JAVIER DEL RIVERO, Plaintiff,
v.
PORTFOLIO RECOVERY ASSOCIATES, LLC, a foreign limited liability company; and EXPERIAN INFORMATION SOLUTIONS, INC., Defendants.

          Robert S. Larsen, Esq. Wing Yan Wong, Esq. Gordon Rees Scully Mansukhani, LLP Attorneys for Portfolio Recovery Associates, LLC.

          Vernon A. Nelson, Esq. Melissa Ingleby, Esq. The Law Office of Vernon Nelson Attorney Plaintiff Javier Del Rivero.

          Jennifer L. Braster, Esq. Naylor & Braster Andrew M. Cummings, Esq. Attorneys for Defendant Experian Information Solutions, Inc.

          STIPULATION AND ORDER TO AMEND SCHEDULING ORDER [ECF NO. 19] (FIRST REQUEST)

         Pursuant to Fed.R.Civ.P. 16(b)(4), LR IA 6-1, and LR 26-4, Plaintiff Javier Del Rivero; Defendant Portfolio Recovery Associates, LLC (“PRA); and Defendant Experian Information Solutions, Inc. (“Experian”) (collectively, the “Parties”), by and through their respective counsel of record, hereby stipulate to amend the Amended Scheduling Order entered on September 5, 2017, ECF No. 19.

         The Parties seek to extend the discovery cut-off by sixty (60) days. The current discovery cut-off is January 16, 2018. See ECF No. 19. The Parties request to extend this deadline to March 19, 2018. In addition, the Parties request that the dispositive motions and pretrial order deadlines be extended for an additional sixty (60) days, or until April 13, 2018 (dispositive motions) and May 14, 2018 (pretrial order).

         I. Discovery Completed

         To date, the Parties have completed the following discovery: the Parties have each served initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1); PRA propounded Requests for Production and Interrogatories on Plaintiff; Experian propounded Request for Production, Interrogatories, and Requests for Admission on Plaintiff; and Plaintiff propounded Request for Production, Interrogatories, and Requests for Admission upon both PRA and Experian. All parties have served responses to these requests.

         II. Discovery That Remains to be Completed

         The Parties still need to conduct the deposition of Plaintiff, previously scheduled for December 18, 2017, and to complete any discovery allowed by the Court's disposition of PRA's Motion to Compel Production of Documents and Responses to Interrogatories and Requests for Production and for Sanctions, ECF No. 22 (“Motion to Compel”), which is pending.

         III. Reasons Why Discovery Was Not Completed

         Here, good cause exists to extend the discovery cut-off. On December 12, 2017, PRA filed the Motion to Compel. In the Motion to Compel, PRA seeks the Court's assistance to compel Plaintiff's responses to PRA's Requests for Production and Interrogatories. PRA anticipates the briefing on the Motion to Compel will be complete on or about January 2, 2018. The deposition of Plaintiff was previously scheduled for December 18, 2017. The Parties agreed to postpone the deposition of Plaintiff to allow the Court to first address the Motion to Compel. Therefore, the Parties seek a brief extension of the discovery cut-off for the Court to first resolve the Motion to Compel and for the deposition of Plaintiff to proceed thereafter.

         IV. Proposed Schedule to Complete Remaining Discovery

Event

Current Deadline

Proposed New Deadline

Close of Discovery

January 16, 2018

March 19, 2018

Dispositive Motions

February 12, 2018

April 13, 2018

Pre-Trial Order

March 14, 2018

May 14, 2018

         IT ...


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