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LLC v. Frontiera

United States District Court, D. Nevada

April 16, 2018

COUNT'S KUSTOMS, LLC Plaintiff,
v.
JOSEPH FRONTIERA, an Individual, and RANDSTAD PROFESSIONALS, DOES I through X, and DOE CORPORATIONS XI through XX, inclusive, Defendants. RANDSTAND PROFESSIONALS US, LP, Plaintiff in Counterclaim,
v.
COUNT'S KUSTOMS, LLC, Defendant in Counterclaim, RANDSTAND PROFESSIONALS US, LP, Cross Claimant
v.
JOSEPH FRONTIERA, Cross Defendant

          Theresa Mains, Esq. (Nevada Bar 13373) Attorney for Defendant

          Steven Mack Steven Mack Black & LoBello Attorney for Plaintiff

          JOINT MOTION TO EXTEND DISCOVERY DEADLINES (Fourth Request)

         Plaintiff Count's Kustoms, LLC, through its counsel, Steven Mack, Esq., and Defendant Joseph Frontiera, through his counsel Theresa Mains, Esq. jointly and respectfully move this Court to extend discovery deadlines. This Motion is based on the following memorandum of points and authorities, and pleadings and papers on file, and any further evidence the Court deems appropriate to consider.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. BACKGROUND

         On November 1, 2017, a third Discovery Plan and Scheduling Order was entered. (ECF 62). Pursuant to the Discovery Plan and Scheduling Order all discovery was to be completed no later than April 30, 2018. (ECF 62). Dispositive motions were to be filed by May 30, 2018 and, if no Dispositive motions are filed then the parties joint pretrial order was to be filed by June 30, 2018. (ECF 62). An Interim Status Report was to be filed on or before February 28, 2018 as required by LR 26-3 stating the time estimated for trial and whether or not in the opinion of counsel who will be trying the case, the trial will be eliminated, or its length affected by substantive motions. (ECF 68).

         The Parties file this Joint Motion to Reopen Discovery and Extend Deadlines and as demonstrated below the failure to act was due to good cause and excusable neglect.

         II. APPLICABLE LAW

         Local Rule 26-4 provides:

A motion or stipulation to extend any date set by the discovery plan, scheduling order, or other order must, in addition to satisfying the requirements of LR IA 6-1, be supported by a showing of good cause for the extension. A motion or stipulation to extend a deadline set forth in a discovery plan must be received by the court no later than 21 days before the expiration of the subject deadline. A request made within 21 days of the subject deadline must be supported by a showing of good cause. A request made after the expiration of the subject deadline will not be granted unless the movant also demonstrates that the failure to act was the result of excusable neglect. A motion or stipulation to extend a discovery deadline or to reopen discovery must include:
(a) A statement specifying the discovery completed;
(b) A specific description of the discovery that remains to be completed;
(c) The reasons why the deadline was not satisfied, or the remaining discovery was not completed within the time limits set by the discovery plan; and
(d) A proposed schedule for completing all remaining discovery.

         III. LEGAL ARGUMENT

         The parties submit that there is good cause to extend deadlines in this case and further they can demonstrate excusable neglect for not having filed this motion 21 days prior to the expiration of the deadlines. The parties here provide the following information related to their request.

         A. Background Information

         1. Discovery completed

          As of the filing of this motion, Plaintiffs have provided their initial discovery of a production of documents pursuant to FRCP 26. Neither party has served any written discovery to each other. Plaintiff has been notified by Defendant's Counsel of the date Mr. Frontiera, who resides in Florida, will be in Las Vegas for his trial in the parallel criminal case, on charges on the same set of facts as alleged in this civil case pending in Las Vegas Justice Court. ...


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