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Sonoma Springs Limited Partnership v. Fidelity and Deposit Co. of Maryland

United States District Court, D. Nevada

September 27, 2019

SONOMA SPRINGS LIMITED PARTNERSHIP, a Nevada limited partnership, and SONOMA SPRINGS ASSOCIATES, LLC, a Nevada limited liability company, Plaintiffs,
v.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland Corporation and ZURICH AMERICAN INSURANCE COMPANY OF ILLINOIS, a Maryland Corporation and DOES 1-20, inclusive, Defendants

          HOLLEY, DRIGGS, WALCH, FINE, PUZEY STEIN & THOMPSON JAMES W. PUZEY, ESQ. AUDREY DAMONTE, ESQ. Attorneys for SONOMA SPRINGS LIMITED PARTNERSHIP and SONOMA SPRINGS ASSOCIATES, LLC

          SNOW CHRISTENSEN & MARTINEAU DAVID SLAUGHTER, ESQ. JASON W. PEAK, ESQ. RYAN W. LEARY, ESQ. Laxalt & Nomura, Ltd. Attorneys for Defendants

          STIPULATION AND ORDER TO REOPEN DISCOVERY FOR LIMITED PURPOSES AND TO EXTEND DEADLINE FOR PROPOSED JOINT PRETRIAL ORDER

         Plaintiffs, SONOMA SPRINGS LIMITED PARTNERSHIP and SONOMA SPRINGS ASSOCIATES, LLC, (hereinafter collectively "Plaintiffs"), by and through their counsel of record, JAMES W. PUZEY, ESQ. and AUDREY DAMONTE, ESQ., of HOLLEY DRIGGS WALCH FINE PUZEY STEIN & THOMSON, and Defendants, FIDELITY AND DEPOSIT COMPANY OF MARYLAND and ZURICH AMERICAN INSURANCE COMPANY OF ILLINOIS, (hereinafter collectively "Defendants") by and through their counsel of record, DAVID SLAUGHTER, ESQ., of SNOW CHRISTENSEN & MARTINEAU, agree and jointly move this Court, pursuant to Rule 6(b)(1)(A) and Local Rules 26-4 and 7-1, to reopen discovery and to extend the deadline to file a proposed Joint Pretrial Order in compliance with Local Rules 16-3 and 16-4 ("Joint Pretrial Order") from September 27, 2019 to November 12, 2019. The Court ordered the parties in its Order dated August 14, 2019 (ECF No. 76, p. 20:10-11, "Order") to file the proposed Joint Pretrial Order by September 27, 2019.

         The Defendants filed their Motion for Summary Judgment on December 27, 2018 (ECF No. 60, "Motion for Summary Judgment"). The Parties fully briefed the Motion for Summary Judgment and on August 14, 2019, the Court entered the Order granting in part and denying in part the Motion for Summary Judgment. Based on the Court's analysis and ruling, the Parties determined that additional discovery was required prior to submitting the proposed Joint Pretrial Order.

         As the Court is aware, there is a Sixth Judicial District Court case between the contractor Ascent Construction, Inc. (Plaintiff/Counterdefendant) and Sonoma Springs Limited Partnership (Defendant/Counterclaimant) Sonoma Springs Associates, LLC (Defendant), Case Number CV 21, 053, Dept. II, pending before the Honorable Michael R. Montero ("State Court Case"), The State Court Case involves issues that overlap issues in this action. To expedite discovery and limit costs in both cases, the Parties agreed to share discovery in both the State Court Case and this Federal case.

         To date, and in the two lawsuits, twenty (20) depositions have been taken, more than 3, 000 pages of documents have been exchanged between the parties, together with written discovery including requests for admissions, interrogatories and production of documents. The fact discovery deadline has passed in this action and fact discovery in the State Court Case is supposed to close on October 4, 2019. . Unfortunately, there are three depositions of Ascent subcontractors that remain to be taken in the State Court Case. Sonoma Springs has provided notice of the depositions in that case, but due to scheduling issues, they will not be conducted until the first and third weeks of October. Hence, counsel for the parties have agreed to extend discovery in the State Court Case in order to conduct the three depositions.

         Once these depositions are completed the Parties will be equipped to properly and accurately identify the documents and witnesses that are required to be delineated in the proposed Joint Pretrial Order.

         Under the circumstances, including the somewhat unusual interaction of this case and the State case and the agreed consolidation of discovery in the two matters, there is good cause for the Parties' request (1) that discovery in this action be reopened for the limited purposes of conducting the three depositions and (2) that the Parties be allowed a limited period following the completion of those depositions to meet and confer to prepare and file a proposed Joint Pretrial Order with this Court by November 12, 2019. The modest extension serves ultimately to save costs and time, while still ensuring a just determination of this action. This is a legitimate reason as recognized by Rule 1 of the Federal Rules of Civil Procedure, which states: "These rules ... should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of . . . [the] proceeding." Since there is no trial date, no other deadlines will be impacted by this extension.

         This is the first stipulation to reopen discovery and for a related extension of time to file the proposed Joint Pretrial Order and is being made in good faith and not for purpose of undue delay. No. additional requests for extensions are contemplated. Therefore, pursuant to Rule 6(b)(1)(A) and Local Rule 7-1, the Parties request that the Court reopen discovery for the limited purposes of the three depositions currently scheduled in the State court action and extend this deadline for good cause to file the proposes Joint Pretrial Order to and including November 12, 2019.

         IT IS SO STIPULATED.

         ORDER

         IT IS SO ...


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