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Lucero v. Smith-Palluck Associates Corp.

United States District Court, D. Nevada

May 1, 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. Attorneys for Plaintiff

          BALLARD SPAHR LLP 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

         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 the Court's involvement, scheduling issues related to LVAC's Rule 30(b)(6) deposition, as well as issues raised following the TCPA decision from the United States Court of Appeals for the District of Columbia in ACA International v. Federal Communications Commission (“ACA International”). The Parties have conferred and agree that this brief extension is the most reasonable, most economical, and least burdensome way to proceed with discovery in this case.

         This is the Parties' fourth 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 responses and objections to Plaintiff's written discovery. LVAC has served written discovery to Plaintiff and a notice of Plaintiff's deposition. The Parties are in the process of conferring regarding certain pending discovery matters, including scheduling expert and possible third-party depositions.

         II. Good Cause Exists for the Requested Extension

         Good cause exists for the requested extension. On March 16, 2018, the D.C. Circuit issued its ruling in ACA International in an effort to clarify the types of calling equipment within the TCPA's restrictions. LVAC's counsel raised certain issues as a result of the ACA International case. Plaintiff's counsel disagreed with LVAC's position. Additionally, due to scheduling issues, LVAC's counsel had to reschedule LVAC's Rule 30(b)(6) deposition. After productively meeting and conferring, Plaintiff's counsel agreed as a professional courtesy, to allow additional time without Court intervention. The extended time for discovery allows the Parties to efficiently schedule party and expert depositions, and possible third-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

April 30, 2018

Wednesday, May 30, 2018

Close of Discovery

June 6, 2018

Friday, July 6, 2018

Dispositive Motions

July 6, 2018

Monday, August 6, 2018 [2]

Pre-Trial Order

August 6, 2018

Wednesday, September 5, 2018

         IT IS SO STIPULATED.

         ORDER

         IT IS ...


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