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Grahl v. Circle K Stores Inc.

United States District Court, D. Nevada

January 23, 2018

CHARLES GRAHL, individually and on behalf of all others similarly situated, Plaintiff,
v.
CIRCLE K STORES, INC., a foreign corporation; DOES I through V, inclusive; and ROE corporations I through V, inclusive, Defendants.

          Anthony L. Martin Nevada Bar No. 8177 Dana B. Salmonson Nevada Bar No. 11180 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Patrick F. Hulla Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Attorneys for Defendant Circle K Stores, Inc.

          Law Offices of Steven J. Parsons Andrew L. Rempfer, Esq.Joseph N. Mott, Esq. Scott E. Lundy, Esq. Attorneys for Plaintiff Charles Grahl, individually and on behalf of all others similarly situated

          STIPULATION AND [PROPOSED] DISCOVERY DEADLINES IN THE AMENDED JOINT STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER PENDING SETTLEMENT DISCUSSIONS (FIRST REQUEST)

         Pursuant to Local Rule (“LR”) IA 6-1, LR IA 6-2, LR 7-1, and 26-4, Plaintiff Charles Grahl (“Plaintiff”) and Defendant Circle K Stores, Inc., (“Circle K” or “Defendant”), by and through their respective counsel of record, hereby request and stipulate to extend the Phase One discovery deadlines as enumerated in the parties Discovery Plan and Scheduling Order (ECF No. 316) one hundred and twenty (120) days while the Parties attempt to resolve this dispute via private ADR. The current discovery cut-off date for Phase One was January 10, 2018. (Id.) Excusable neglect exists as to why this Stipulation was not filed prior to the expiration of the discovery deadline. The parties finalized the Stipulation and Order on November 17, 2017; however, due to a clerical error in defense counsel's office, the Stipulation was never filed. Defense counsel realized this on January 22, 2018, and immediately contacted Plaintiff's counsel to resolve this issue and get the Stipulation on file.

         This is the parties First Request to extend the deadlines contained in the June 15, 2017 Amended Joint Discovery Plan and Scheduling Order.[1]

         To allow adequate time to prepare for and participate in meaningful settlement discussions, the Parties agree and stipulate that the current discovery deadlines be extended while they attempt a resolution of this case in its entirety. If the Parties are unable to resolve the case in its entirety by February 1, 2018, the Parties would like additional time to conduct depositions as well as propound and respond to written discovery. In an effort to conserve resources and in the interest of judicial economy, the Parties wish to extend all discovery deadlines and allow for narrowly-focused discovery for use in settlement discussions.

         Therefore, this request for an extension of time is based upon the following:

         I. THE PARTIES' PRIOR DISCOVERY PLANS AND SCHEDULING ORDERS

         On January 16, 2015, the Parties submitted their initial Proposed Discovery Plan and Scheduling Order, (“DPSO”) requesting a special scheduling review pursuant to LR 26-1(d). (ECF No. 229.) The DPSO was signed on January 23, 2015. (ECF No. 230.) On July 31, 2015, the parties submitted a Joint Request for Special Scheduling Review Pursuant to LR 26-1(d). (ECF No. 252.) Specifically, discovery was set to close on November 12, 2015; however, the Court had yet to rule on Plaintiff's Motion for Certification. (Id.) The parties agreed that they could not justify spending time or money on conducting class-wide discovery until the Motion for Certification was ruled on. (Id.) A hearing on the Joint Request was scheduled for August 26, 2015. (ECF No. 253.) The hearing was held, and the parties were ordered to submit a new proposed scheduling order within one week since the Court had also granted nationwide certification at that same hearing. (ECF No. 258.)

         On September 2, 2015, the Parties filed a Stipulation and Order to extend time for the parties to submit a joint proposed DPSO. (ECF No. 260.) The Parties' First Amended DPSO was filed on September 4, 2015. (ECF No. 262.) The Court issued an Order on September 28, 2015 (ECF No. 275) that discovery deadlines could not be set in the absence of the setting an end of the opt-in period. (Id.) The Court also agreed that discovery will be stayed during the opt-in period, except as it relates to any outstanding discovery about which the parties agreed to meet and confer regarding any disputes. (Id.) Finally, the Court Ordered that the Parties were to file a Proposed DPSO within 14 days of the entry of an order setting the end of the opt-in period, including all deadlines required by LR 24-1(e). (Id.)

         On June 14, 2017, the Parties filed an Amended Joint Stipulated Discovery Plan and Proposed Scheduling Order. (ECF No. 315.) The Court granted the Amended Joint Stipulation Discovery Plan on June 15, 2017. (ECF No. 316.)

         I. DISCOVERY COMPLETED TO DATE

         The Parties have exchanged initial disclosures in February, 2015. Plaintiff submitted the following Supplemental Disclosures: (1) First Supplemental Disclosure on February 18, 2015; (2) Second Supplemental Disclosure on August 31, 2015; and (3) Third Supplemental Disclosure on February 12, 2016. Defendant submitted the following Supplemental Disclosures: (1) First Supplemental Disclosure on February 12, 2015; (2) Second Supplemental Disclosure on February 25, 2015; (3) Third Supplemental Disclosure on March 17, 2015; (4) Fourth Supplemental Disclosure on September 17, 2015; (5) Fifth Supplemental Disclosure on July 29, 2016; (6) Sixth Supplemental Disclosure on December 7, 2016; (7) Seventh Supplemental Disclosure on December 14, 2016; (8) Eighth Supplemental Disclosure on April 12, 2017; (9) Ninth Supplemental Disclosure on April 24, 2017; and (10) Tenth Supplemental Disclosure on May 26, 2017.

         Plaintiff served his First set of Requests for Production of Documents and Revised First Set of Requests for Production of Documents on February 5, 2015 and February 9, 2015. Defendants responded on March 30, 2015 and supplemented its responses on May 18, 2015, May 22, 2015, June 4, 2015, June 9, 2015, June 29, 2015, and January 24, 2017.

         Defendant served 236 Discovery Questionnaires to Opt-In Plaintiffs on May 20, 2015 and another 845 Discovery Questionnaires on the remaining Opt-In Plaintiffs on August 17, 2016.

         Plaintiff noticed Circle K's 30(b)(6) deposition, and took portions of that deposition on ...


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