United States District Court, D. Nevada
SHARON BARNUM and ROBERT SUSTRIK, and all similarly situated individuals, Plaintiffs,
EQUIFAX INFORMATION SERVICES, LLC, Defendant.
Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark,
Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC, David H.
Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC
Counsel for Plaintiff
L. Peterson, Esq. Zachary A. McEntyre, Esq. KING &
SPALDING LLP, Bryan Zubay, Esq. KING & SPALDING LLP
Bradley T. Austin, Esq. Nevada State Bar No. 13064 SNELL
& WILMER, LLP Counsel for Equifax Information Services,
STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE ON
DISPOSITIVE MOTIONS AND MOTION FOR CLASS
J. Koppe, United States Magistrate Judge
Sharon Barnum and Robert Sustrik (“Plaintiffs”)
and Defendant Equifax Information Services, LLC
(“Equifax”) have agreed and stipulated to the
current deadline for filing dispositive motions and a motion
for class certification (the “Motions Deadline”)
is July 23, 2018. (See Fifth Stip. to Extend Disc.
Deadlines [Dkt. 117]; Order [Dkt. 118].)
June 22, 2018, Equifax served Plaintiff with data it obtained
from third-party Fidelity National Card Services, Inc. (the
“FIS Production”). As detailed in the briefing on
Plaintiffs' Emergency Motion to Compel and for Sanctions
(the “Emergency Motion”) [Dkts. 121, 122, 128,
129, 132], Plaintiffs raised objections to the propriety of
the FIS Production and sought various information from
Equifax pertaining to the FIS Production. The parties
thereafter exchanged numerous emails and ultimately conducted
a Rule 26-7 conference on Friday, June 29, 2018. Both parties
devoted significant time to preparing for and attending the
Rule 26-7 conference.
conference was unsuccessful in resolving Plaintiffs'
objections to the FIS Production and request for information,
and Plaintiffs informed Equifax that they would therefore
file their Emergency Motion.
Recognizing that the Emergency Motion would require
significant-and immediate-attention from both parties, the
parties agreed to a stay of the Motions Deadline pending
resolution of the Emergency Motion and thus filed, on July 2,
2018, their Stipulation [Dkt. 119] for such a stay.
July 5, 2018, the Court denied the stay requested in the
Stipulation, without prejudice, because Plaintiffs had not
yet actually filed their Emergency Motion. (See
Order Dkt. 120 (emphasis added) (“The Court does not
grant such relief based on hypothetical filings.”).)
the afternoon of Friday, July 6, 2018, Plaintiffs filed their
Equifax immediately began preparing its response to the
Emergency Motion, which it filed on the morning of Monday,
July 9, 2018 [Dkt. 128].
July 10, 2018, Plaintiffs filed their reply in support of the
Emergency Motion [Dkt. 132].
the same day-July 10, 2018-the Court denied the Emergency
Addressing the dispute over the FIS Production required
significant time and attention from the parties (beginning on
Monday, June 25 and extending through the course of the July
Fourth holiday, through yesterday) that necessarily could not
be devoted to dispositive and class-certification motions.
The parties agree that they both will ...