United States District Court, D. Nevada
EDWARD B. DOUGLAS, an individual, Plaintiffs,
DREAMDEALERS USA, LLC d/b/a EXOTICS RACING, A Nevada limited liability company, DAVID PERISSET, an individual, and ROMAN THIEVIN, an individual, Defendant.
L. CLARK, ESQ. CLARK LAW COUNSEL PLLC Attorneys for Plaintiff
M. KRINCEK, ESQ. MARCUS B. SMITH, ESQ. LITTLER MENDELSON,
P.C. Attorneys for Defendants
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES
to Local Rules 6-1 and 26-4, Defendants, DREAMDEALERS USA,
LLC d/b/a EXOTICS RACING, DAVID PERISSET, and ROMAN THIEVIN
(hereinafter “Defendants”), and Plaintiff, EDWARD
B. DOUGLAS (“Plaintiff”), by and through their
respective attorneys of record, hereby stipulate to amend the
Discovery Plan and Scheduling Order (ECF No. 20) by extending
the outstanding discovery deadlines for a period of thirty
(30) days. This is the second request for an extension to the
discovery plan and scheduling order in this matter. The
requested extension is sought in good faith and not for
purposes of undue delay.
COMPLIANCE WITH LR-26-4
Rule 26-4 and the Discover Plan and Scheduling Order provide
that the parties' request to extend discovery must be
submitted no later than 21 days prior to the date the parties
seek to extend, otherwise the parties must show that the
failure to timely submit the request was caused by excusable
neglect. In this case, 21 days before the current July 31,
2018 discovery cutoff date is July 10, 2018.
DISCOVERY COMPLETED TO DATE
parties have exchanged initial disclosures pursuant to FRCP
26(a)(1). The parties have propounded and responded to
requests for production of documents and interrogatories, and
the parties have scheduled depositions for all Plaintiff
(July 20, 2018), Defendant Perisset (July 19, 2018), and
witness Ashley Leach (July 13, 2018). Due to a family
emergency, the deposition of Defendant Thievin has been
DISCOVERY THAT REMAINS TO BE COMPLETED
Parties may need to propound additional written discovery and
meet and confer about current discovery responses, which may
prompt the scheduling of additional depositions. The Parties
agreed to continue the responses to the outstanding written
discovery while they were engaged in settlement discussions.
Settlement discussion recommenced between the parties at the
ENE, which was held on January 16, 2018, and have been
ongoing in good faith since that date.
REASONS FOR EXTENSION TO COMPLETE DISCOVERY
cause exists to extend the discovery deadlines as requested.
The Parties have been engaged in good faith settlement
discussions since before the Complaint was filed. These
discussions resumed during the ENE on January 16, 2018 and
have continued in good faith since the ENE. The parties
believe in good faith that there is a reasonable likelihood
of settlement. Accordingly, the parties have not wanted to
upset their progress with (potentially contentious and
costly) discovery and motion practice.
matter does not settle, this extension is necessary to allow
both parties ample time to complete all appropriate
discovery. Specifically, additional time is needed to
complete written discovery, subpoena third party records, and
circumstances outside the Parties' control have further
delayed the Parties' ability to complete discovery.
Specifically, as stated above, Defendant Thievin currently
has a family emergency which required him to travel outside
the country. It is not clear at this point when he will be
able to return. Additionally, Plaintiff's spouse has been
ill, requiring Plaintiff's attention to shift from this
litigation to her health.
parties believe that barring any unforeseen circumstances,
all necessary discovery can be accomplished by ...