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Greene v. Jacob Transportation Services, LLC

United States District Court, D. Nevada

January 2, 2018

ROBERT G. GREENE, on behalf of himself and all others similarly situated, Plaintiff,
v.
JACOB TRANSPORTATION SERVICES, LLC, a Nevada Corporation dba Executive las Vegas; JIM JIMMERSON; and CAROL JIMMERSON, Defendant.

          MARIO P. LOVATO Nevada Bar No. 7427 LOVATO LAW FIRM, P.C. Attorneys for Defendants

          Mark R. Thierman, Nev. Bar No. 8285, Joshua D. Buck, Nev. Bar No. 12187, Leah L. Jones, Nev. Bar No. 13161, Joshua Hendrickson, Nev. Bar No. 12225, THIERMAN BUCK LLP, Attorneys for Plaintiffs

          STIPULATION TO MODIFY SCHEDULING ORDER (SIXTH REQUEST POST-APPEAL)

         Plaintiffs and Defendants (collectively “The Parties), by and through their respective counsel of record, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure (“FRCP”), Local Rule 6-1, 26-1, and 26-4, stipulate and agree to modify the deadline in the Discovery Plan and Scheduling Order and the subsequent Order granting prior requested extension (Docket Nos. 227, 233, 254, 264, and 297).

         Pursuant to the direction of the Court at the hearing occurring on December 14, 2017 before Magistrate Judge Hoffman, and as reflected in the Minutes of Proceedings (#297), the Parties hereby stipulate and agree to an extension and continuance of approximately four months from this Court's December 14, 2017 Minute Order (Docket No. 297) to the discovery cut-off date, as further stated below.

         I. DISCOVERY THAT HAS BEEN COMPLETED

         Initial disclosures, and several rounds of written discovery occurred in the Robert Greene case in 2010 and thereafter. The case proceeded to final judgment, to appeal that resulted in certain reversals as stated in the Memorandum of Decision, and the case was remanded back to the District Court for further proceedings.

         In the consolidated case, 2:11-CV-355, there have been numerous depositions by both Plaintiffs and Defendant. By Order of the court in consolidating the cases, discovery in such case was stayed. (Case No. 2:11-cv-00355-GMN-CWH, ECF # 26.)

         Since remand of the Robert Greene case to this District in 2015, Plaintiffs have served various items of written discovery. Plaintiffs have also served an expert report. Defendants have served a rebuttal expert report.

         On February 3, 2017, the Court entered an Order (#245) that dismissed several claims, including several claims against the Jimmersons, while leaving other claims in the case.

         On September 19, 2017, this Court granted Plaintiffs' motion for class certification of Plaintiffs' state-law Constitutional claim (#266), and on October 27, 2017, this Court granted Plaintiffs' motion to approve the form of notice for Plaintiffs' FLSA and Rule 23 actions.

         II. DISCOVERY THAT REMAINS TO BE COMPLETED

         Following this Court's orders granting certification (#266) and approving the form of notice for Plaintiffs' FLSA and Rule 23 actions, The Parties intend to conduct class-wide discovery into the merits of Plaintiffs' claims and Defendants' defenses. The parties dispute the proper scope of discovery, and are currently engaged in meet-and-confer efforts on this issue, which may result in future motion practice to compel and/or for protection, if the issues are not resolved.

         III. REASONS DISCOVERY WAS NOT COMPLETED

         The Parties have been engaged in extensive motion practice in this case, both prior to appeal and post-appeal. During the earlier discovery periods, Defendants objected to providing class-wide discovery on the ground that class-wide discovery is inappropriate prior to certification. ...


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