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Barnum v. Equifax Information Services, LLC

United States District Court, D. Nevada

December 21, 2017

SHARON BARNUM, JERRY P. CABEBE, ROBERT SUSTRIK, and all similarly situated individuals, Plaintiffs,
v.
EQUIFAX INFORMATION SERVICES, LLC, Defendant.

          Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 Knepper & Clark, LLC David H. Krieger, Esq. Nevada Bar No. 9086 Haines & Krieger, LLC Attorneys for Plaintiffs

          Bradley T. Austin, Esq. Nevada Bar No. 13064 Snell & Wilmer, LLP Zachary A. McEntyre (admitted pro hac vice) Misty L. Peterson (admitted pro hac vice) King & Spalding LLP Bryan E. Zubay (admitted pro hac vice) King & Spalding LLP Attorneys for Defendant EQUIFAX INFORMATION SERVICES, LLC

          STIPULATION TO REOPEN EXPERT DEADLINES AND EXTEND DISCOVERY DEADLINES

         Pursuant to this Court's Order [ECF Dkt. 81], the parties to this action have meet and conferred and stipulate that the Discovery cut-off currently set to close on January 8, 2018, by this Court's Order, ECF Dkt. 63, should be extended 105 days to April 23, 2018. Good cause exists for this extension, namely, to resolve Plaintiffs' Emergency Motion to Extend Close of Discovery and Reopen Expert Deadlines (the “Emergency Motion”) [ECF Dkt. 75, 76], without requiring Court intervention. The extension would allow 45 additional days to conduct fact discovery, and it would reopen the initial and rebuttal expert deadlines.

         I. Statement of Discovery Completed

         This is the second stipulation to continue the class certification briefing schedule. The stipulation is filed in good faith and is not intended to cause delay.

1. On February 28, 2017, the Court entered its Initial Scheduling Order and Protective Order.[1] The Scheduling Order set discovery to close on August 7, 2017.[2]
2. On May 22, 2017, the Court granted the parties first stipulation to extend discovery 90 days.[3] This set the discovery deadline to its previous close on November 8, 2017.
3. On October 20, 2017, the court granted a 60-day extension of discovery, setting the current close of discovery at January 8, 2018.
4. On November 15, 2017 Plaintiffs deposed Alicia Fluellen, Equifax's 30(b)(6) witness.
5. On November 29, 2017, Plaintiffs served Equifax with their First Set of Requests for Admissions, and First Supplemental Interrogatories and Requests for Production.
6. On December 7, 2017, nonparty Fidelity Information Services (“FIS”) produced documents in response to a subpoena Plaintiffs served on November 17, 2017.
7. On December 13, 2017, Plaintiffs deposed Equifax's second 30(b)(6) witness, Margaret Leslie.
8. On December 18, Plaintiffs filed the Emergency Motion.
9. On December 19, the Court entered an Order requiring the parties to conclude their efforts to meet and confer regarding a stipulation extending discovery, which would resolve Plaintiffs' Emergency Motion and to ...

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