United States District Court, D. Nevada
ROBERT G. GREENE, on behalf of himself and all others similarly situated, Plaintiff,
JACOB TRANSPORTATION SERVICES, LLC, a Nevada Corporation dba Executive las Vegas; JIM JIMMERSON; and CAROL JIMMERSON, Defendant.
P. LOVATO Nevada Bar No. 7427 LOVATO LAW FIRM, P.C. Attorneys
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
STIPULATION TO MODIFY SCHEDULING ORDER (SIXTH REQUEST
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,
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.
DISCOVERY THAT HAS BEEN COMPLETED
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
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.)
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.
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.
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.
DISCOVERY THAT REMAINS TO BE COMPLETED
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.
REASONS DISCOVERY WAS NOT COMPLETED
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. ...