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Lucero v. Smith-Palluck Associates Corp.

United States District Court, D. Nevada

April 4, 2018

DAVID LUCERO, Plaintiff,
v.
SMITH-PALLUCK ASSOCIATES CORP., d/b/a LAS VEGAS ATHLETIC CLUBS Defendant.

          KAZEROUNI LAW GROUP, APC Michael Kind, Esq. Sara Khosroabadi, Esq. HYDE & SWIGART Attorneys for Plaintiff.

          BALLARD SPAHR LLP, Stacy H. Rubin, Joel E. Tasca, Esq., Lindsay C. Demaree, Esq., Stacy H. Rubin, Esq., Attorneys for Defendant.

          STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES BY 30 DAYS (THIRD REQUEST)

         Pursuant to LR IA 6-1 and LR 26-4, plaintiff David Lucero (“Plaintiff”), defendant Smith-Palluck Associates Corp., d/b/a Las Vegas Athletic Clubs (“LVAC”) (together, the “Parties”), by and through their respective counsel of record, stipulate and request that this Court extend discovery and dispositive motion deadlines in the above-captioned case by approximately 30 days. The requested extension will allow the Parties to efficiently address, without motion practice, issues raised by Plaintiff's recent production of an expert opinion and to schedule depositions. The Parties have conferred and agree that this brief extension is the most reasonable, most economical, and least burdensome way to complete discovery in this case.

         This is the Parties' third request for an extension to the scheduling order deadlines. The Parties make this request in good faith and not for purposes of delay.

         I. Discovery Completed and Remaining

         Plaintiff has served written discovery to LVAC, a third-party subpoena, an expert disclosure and supplement thereto, and a notice of deposition of LVAC's Rule 30(b)(6) designee. LVAC has served objections to Plaintiff's written discovery. LVAC intends to issue written discovery and depose Plaintiff. The Parties are in the process of conferring regarding certain pending discovery matters, including deposition scheduling.

         II. Good Cause (and Excusable Neglect) Exists for the Requested Extension

         Good cause and excusable neglect exists for the requested extension. On March 29, 2018, Plaintiff served a declaration containing previously-undisclosed expert opinions. After meeting and conferring, the Parties have agreed that LVAC will not object to the timing of this expert disclosure provided that LVAC may have 30 days from March 29, 2018 to, if necessary, serve a rebuttal expert disclosure. This compromise allows the Parties and the Court to avoid expending time and resources on potential motion practice regarding the timing of Plaintiff's expert disclosure. The extended time for discovery also allows the Parties to confer regarding discovery responses and to efficiently schedule party depositions for dates and times that minimize burdens upon the witnesses and counsel. For these reasons, the Parties believe their request for an extension should be granted.

         III. Proposed Discovery Deadlines

         The Parties request an order extending the deadlines for disclosure of rebuttal experts, discovery, dispositive motions, and the pre-trial order. This extension is reasonable and necessary given the good cause set forth above.

Event

Current Deadline [1]

New Deadline

Disclosure of Rebuttal Expert

December 7, 2017

Monday, April 30, 2018

Close of Discovery

May 7, 2018

Wednesday, June 6, 2018

Dispositive Motions

June 6, 2018

Friday, July 6, 2018

Pre-Trial Order

July 8, 2018

Monday, August 6, 2018

         IT IS SO STIPULATED.

         ORDER

         IT IS ...


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