United States District Court, D. Nevada
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Plaintiff,
WINECUP GAMBLE, INC., a Nevada corporation; and PAUL FIREMAN, an individual, Defendants.
PARSONS BEHLE & LATIMER Michael R. Kealy, Bar No. 971
Ashley C. Nikkei, Bar No. 12838 Attorneys for Plaintiff Union
Pacific Railroad Company
& WILMER, L.L.P. William E. Peterson, Bar No. 1525 Ryan
Stodtmeister, Bar No. 14281 - and -David J. Jordan, (Admitted
Pro Hac Vice) Michael R. Menssen, (Admitted Pro Hac Vice)
Stoel Rives, LLP Attorneys for Defendant Winecup Gamble,
Inc., and for Defendant Paul Fireman
STIPULATION AND ORDER TO VACATE CASE MANAGEMENT
VALERIE P. COOKE, UNITED STATES MAGISTRATE JUDGE
UNION PACIFIC RAILROAD COMPANY ("Plaintiff'),
Defendant WINECUP GAMBLE, INC. ("Winecup"), and
Defendant PAUL FIREMAN (collectively, "Defendants")
hereby submit the following Joint Case Management Report
ahead of the case management conference scheduled for July 9,
2018 at 10:00 a.m.
following discovery has been performed to Dated:
Defendant Fireman served Plaintiff with his First Set of
Discovery Requests, consisting of interrogatories and
requests for production of documents on December 18, 2017.
Plaintiff provided responses to the interrogatories and
requests for production of documents on January 29, 2018.
to objections to many of the requests for production of
documents, the parties held a telephonic meet and confer on
February 2, 2018.
Plaintiff made an initial production of 72 documents (bates
range UP-004880 through UP-006265) in response to the
requests for production of documents on April 13, 2018, none
of which were email correspondence.
March 6, 2018, Plaintiff served Defendant Winecup Gamble,
Inc. with its first set of interrogatories and requests for
production of documents. The responses were submitted on
April 12, 2018. A first set of documents were produced on
Friday, May 11, 2018, a second set of responses, consisting
of videos, on Tuesday, May 15, 2018, and a final set on July
Defendants took the 30(b)(6) deposition of the the Nevada
Division of Water Resources on April 18, 2018. The Nevada
Division of Water Resources disclosed documents to Defendants
prior to that deposition, but did not provide the documents
to Plaintiff until the deposition began. Plaintiff has since
received those documents, but objected to the late disclosure
because it hindered Union Pacific's ability to depose the
witnesses since the nature of the testimony stressed the
content and specifics of many of the documents.
parties held a telephone conference on May 9, 2018, and
discussed a number of outstanding discovery issues, including
the status of Defendants' initial disclosures and
document responses to Plaintiffs request for production of
documents, clarification of Plaintiff s supplemental
disclosure and amended interrogatories, and potential future
parties met again telephonically on May 31, 2018 concerning
search terms, expert disclosures, and production of
documents. Winecup Gamble raised the concern that the issue
of search terms was being raised for the first time five and
a half months after the request for production was served and
that the delay of the document production was prejudicial to
Winecup Gamble. Union Pacific stated that it thought the
issue of search terms had been raised earlier and was seeking
to correct the oversight. Union Pacific stated it was
attempting to respond in a diligent fashion, but the amount
of documents to review is voluminous. Union Pacific stated
that it had narrowed its list of custodians to thirteen
individuals and developed a list of proposed search terms and
date ranges, and estimated at that time that it would take
until the end of June to produce documents.
June 4, 2018, the parties attended a monthly case management
conference with the Honorable Magistrate Judge Cooke and
discussed the status of discovery; upon the parties'
request, the Court agreed to extend discovery deadlines by
ninety days. The Court also discussed the transition of the
case between magistrate judges in the wake of Magistrate
Judge Cooke's retirement, and the parties and Court
agreed to set monthly case management conferences through the
end of the year. ...