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Douglas v. Dreamdealers USA, LLC

United States District Court, D. Nevada

July 12, 2018

EDWARD B. DOUGLAS, an individual, Plaintiffs,
v.
DREAMDEALERS USA, LLC d/b/a EXOTICS RACING, A Nevada limited liability company, DAVID PERISSET, an individual, and ROMAN THIEVIN, an individual, Defendant.

          DUSTIN L. CLARK, ESQ. CLARK LAW COUNSEL PLLC Attorneys for Plaintiff

          WENDY M. KRINCEK, ESQ. MARCUS B. SMITH, ESQ. LITTLER MENDELSON, P.C. Attorneys for Defendants

          STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (SECOND REQUEST)

         Pursuant 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.

         I. COMPLIANCE WITH LR-26-4

         Local 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.

         II. DISCOVERY COMPLETED TO DATE

         The 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 postponed.

         III. DISCOVERY THAT REMAINS TO BE COMPLETED

         The 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.

         IV. REASONS FOR EXTENSION TO COMPLETE DISCOVERY

         Good 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.

         If this 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 take depositions.

         Moreover, 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.

         The parties believe that barring any unforeseen circumstances, all necessary discovery can be accomplished by ...


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