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Thomas v. Smith-Palluck Associates Corp.

United States District Court, D. Nevada

July 18, 2018

ANDREA THOMAS, Plaintiff,
v.
SMITH-PALLUCK ASSOCIATES CORP. d/b/a LAS VEGAS ATHLETIC CLUBS, Defendant.

          HAINES & KRIEGER, LLC David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC Matthew I. Knepper Nevada Bar No. 12796 Miles N. Clark Nevada Bar No. 13848 KNEPPER & CLARK LLC Attorneys for Plaintiff

          BALLARD SPAHR LLP Joel E. Tasca, Esq. Nevada Bar No. 14124 Lindsay C. Demaree, Esq. Nevada Bar No. 11949 Stacy H. Rubin, Esq. Nevada Bar No. 9298 Attorneys for Defendant

          STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES BY 30 DAYS (FOURTH REQUEST)

         Pursuant to LR IA 6-1 and LR 26-4, plaintiff Andrea Thomas (“Plaintiff”) and defendant Smith-Palluck Associates Corp., d/b/a Las Vegas Athletic Clubs (“LVAC”) (together, the “Parties”), by and through their respective counsel of record, stipulate to modify the Court's Order, ECF No. 32, to extend all remaining discovery and dispositive motion deadlines in the above-captioned case by approximately 30 days. The requested extension will allow the Parties to schedule and complete depositions in this action. The Parties have conferred and agree that this brief extension is the most reasonable, most economical, and least burdensome way to complete discovery in this case.

         This is the Parties' fourth request for an extension to the scheduling order deadlines. The Parties make this request in good faith and not for purposes of delay.[1]

         I. Discovery Completed and Remaining

         The Parties have diligently pursued discovery. The Parties propounded and responded to written discovery requests, and the Parties served initial expert disclosures. Plaintiff has taken the deposition of LVAC's Rule 30(b)(6) designee and three third-party depositions. LVAC scheduled Plaintiff's deposition for July 18, 2018. However, due to illness, Plaintiff was unable to appear for her July 18, 2018 deposition and LVAC's counsel will be unavailable to conduct Plaintiff's deposition until August 2018, which is after the current deadline to serve written discovery. The Parties are in the process of conferring regarding certain pending discovery matters, including additional third-party depositions.

         II. Good Cause Exists for the Requested Extension

         Good cause exists for the requested extension. LVAC timely scheduled Plaintiff's deposition for July 18, 2018. However, due to illness, Plaintiff was unable to appear for her July 18, 2018 deposition and LVAC's counsel will be unavailable to conduct Plaintiff's deposition until August 2018. Good cause exists as Plaintiff's illness was unforeseen and LVAC's counsel are fully committed through July and part of August 2018, necessitating an extension of the current deadlines. The extended time for discovery allows the Parties to efficiently reschedule party depositions and schedule possible third-party depositions, for dates and times that minimize burdens upon the witnesses and counsel. For these reasons, the Parties believe their request for an extension should be granted.

         III. Proposed Discovery Deadlines

         The Parties request an order extending the deadlines for disclosure of rebuttal experts, discovery, dispositive motions, and the pre-trial order. This extension is reasonable and necessary given the good cause set forth above.

Event

Current Deadline[2]

New Deadline

Disclosure of Rebuttal Experts

July 30, 2018

August 29, 2018

Close of Discovery

August 27, 2018

September 26, 2018

Dispositive Motions

September 28, 2018

October 29, 2018[3]

Pre-Trial Order

October 29, 2018

November 28, 2018

         IT IS SO STIPULATED.

         ORDER

         IT IS ...


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