United States District Court, D. Nevada
Stephen Peek HOLLAND & HART LLP Brett L. Foster Tamara L.
Kapaloski DORSEY & WHITNEY LLP Attorneys for Plaintiff
Snap Lock Industries, Inc.
DICKINSON WRIGHT PLLC John L. Krieger Steven A. Caloiaro.
JOINT MOTION AND STIPULATION TO AMEND DISCOVERY PLAN
AND SCHEDULING ORDER (SECOND REQUEST)
Peggy A. Leen United States Magistrate Judge.
to Local Rule 26-4 and Local Rule IA 6-1, Plaintiff Snap Lock
Industries, Inc. (“Snap Lock”) and Defendant
Swisstrax Corporation (“Swisstrax”) hereby
respectfully jointly move this Court for an entry of an
Amended Discovery Plan And Scheduling Order.
May 8, 2018, the Court entered a Discovery Plan and
Scheduling Order (the “Scheduling Order”) in this
case, which set several case deadlines. See ECF No. 59. The
Scheduling Order scheduled the discovery deadline on
September 10, 2018, the dispositive motions deadline on
October 10, 2018, and the deadline for filing the joint
pretrial order on November 9, 2018. See id.
conformance with LR 26-1, the Scheduling Order provided that
the last date to disclose experts pursuant to Fed.R.Civ.P.
26(a)(2) was July 11, 2018, and the last date to disclose
rebuttal experts was August 10, 2018. See ECF No. 59.
May 18, 2018, the parties jointly requested that the
discovery cutoff, dispositive motion deadline, and date for
filing the joint pretrial order each be extended by
approximately five weeks. See ECF No. 61.
May 22, 2018, the Court entered an Order extending the
discovery cutoff, dispositive motion, and date for filing the
joint pretrial order as requested in the parties' motion.
See ECF No. 62.
to extraordinary circumstances relating to both the parties
and counsel, no discovery has been completed in this action
to date, beyond the disclosures provided in the parties'
briefings on the pending motion for preliminary injunction
and in the parties' initial disclosures.
provide the parties sufficient time to conduct written
discovery and depositions prior to the deadline for filing
expert disclosures under Rule 26(a)(2), and to conform the
Scheduling Order with LR 26-1, which provides that the
deadline for expert disclosures be 60 days prior to the
discovery cut-off and that rebuttal-expert disclosures be
made 30 days after the initial disclosure of experts, both
parties hereby jointly request the Court to modify the
deadlines in the Scheduling Order such that the last date to
disclose experts pursuant to FRCP 26(a)(2) be extended from
July 11, 2018 to August 20, 2018 and the last date to
disclose rebuttal experts be extended from August 10, 2018 to
September 28, 2018.
is the first request for an extension of these deadlines.
cause exists for this request. No. written discovery or
depositions have been completed to date and modifying the
deadlines for expert disclosures will permit the parties to
take discovery in this action in order to properly evaluate
the issues in the case and prepare thorough expert reports.
This request will also conform the Scheduling Order in this
case to LR 26-1. No. party will be prejudiced by the
these reasons, the parties respectfully request that the
Court grant this Joint Motion and extend the deadlines in the
Scheduling Order as follows:
Existing Date per Scheduling Order (ECF No. 59)
Proposed New Date
Last date to disclose experts pursuant to
July 11, 2018
August 20, 2018
Last date to disclose rebuttal experts
August 10, 2018
September 28, 2018