Opinion
2:23-cv-00292-CDS-EJY
08-28-2023
JENNAFER AYCOCK, Plaintiff, v. AMERICAN EXPRESS NATIONAL BANK AND EXPERIAN INFORMATION SOLUTIONS, INC., Defendants.
Gustavo Ponce, Esq. Nevada Bar No. 15084 Mona Amini, Esq. Nevada Bar No. 15381 KAZEROUNI LAW GROUP, APC Attorneys for Plaintiff, JENNAFER AYCOCK Counsel for Plaintiff Jennafer Aycock KAEMPFER CROWELL Robert McCoy Nevada Bar No. 9121 Sihomara L. Graves, No. 13239 Nami Kang (pro hac vice forthcoming) Stephen J. Newman (pro hac vice forthcoming) STEPTOE & JOHNSON LLP Counsel for American Express National Bank
Gustavo Ponce, Esq. Nevada Bar No. 15084
Mona Amini, Esq. Nevada Bar No. 15381
KAZEROUNI LAW GROUP, APC
Attorneys for Plaintiff, JENNAFER AYCOCK
Counsel for Plaintiff Jennafer Aycock
KAEMPFER CROWELL
Robert McCoy Nevada Bar No. 9121
Sihomara L. Graves, No. 13239
Nami Kang (pro hac vice forthcoming)
Stephen J. Newman (pro hac vice forthcoming)
STEPTOE & JOHNSON LLP
Counsel for American Express National Bank
JOINT STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINES (FIRST REQUEST)
ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE
Plaintiff Jennafer Aycock (“Plaintiff”), and Defendant American Express National Bank (“American Express”) (“the Parties”) hereby jointly move to extend all deadlines set forth in the Joint Proposed Discovery Plan and Scheduling Order filed with this Court on May 12, 2023, (ECF No. 14) by a period of one hundred and fifty (150) days due to the complexity and unique set of facts in this matter.
Defendant Experian Information Solutions, Inc. does not join in this motion because it has settled its claims with Plaintiff.
This matter contains unique and complex facts and issues in light of the claim of extensive identity theft that Plaintiff alleges was committed by her ex-boyfriend Brandon Sattler. Specifically, Plaintiff alleges that Mr. Sattler fraudulently opened multiple credit card accounts in her name with various lending institutions. This is not an ordinary identity theft or fair credit reporting case but a much more extensive one which the Parties anticipate will require the review of hundreds of additional documents and recordings as well as depositions of multiple third-party witnesses.
Plaintiff served American Express with a request for production of documents on June 27, 2023, and once the responses came back on August 3, 2023 from American Express, it became apparent that the Parties would need more time to flush out the issues and facts related to Plaintiff's allegations that were not previously known by the Parties. Due to the nature of the facts here the Parties in good faith believe more time is necessary to conduct efficient discovery and for the Parties to have effective conversations.
1. On February 24, 2023, Plaintiff filed her Complaint (ECF No. 1), against Defendants American Express and Experian.
2. American Express filed its Answer to Plaintiff's Complaint on June 26, 2023 (ECF No. 20).
3. The Parties have completed the following discovery to Dated:
• The Parties have exchanged initial disclosures.
• Plaintiff served America Express with a request for production of documents on June 27, 2023.
• Plaintiff served America Express with a request for admissions and interrogatories on August 11, 2023.
4. The parties still need to conduct depositions, potentially additional written discovery, serve subpoenas, conduct third-party depositions, and conduct expert discovery.
5. The additional time will allow the Parties to conduct extensive and additional fact discovery, including taking depositions, potentially additional written discovery, acquiring all documents from third-parties, resolving any discovery issues, and additional time to adequately determine whether expert discovery will be needed in this matter.
6. No party will be prejudiced by this Court granting this Stipulation as all Parties jointly seek an extension of these deadlines. Moreover, the Parties believe that allowing the extension will serve the ends of judicial economy.
7. Moreover, the requested extensions are not sought for the purposes of delay.
8. This is the Parties' first request to extend these deadlines.
9. Accordingly, the parties request adoption of the following deadlines:
a. Discover Plan:
Discovery Cut-off 03/11/2024
Deadline to Disclose Expert Disclosures 12/27/2023
Deadline to Disclose Rebuttal Expert Disclosures 01/29/2023
Deadline to File Dispositive Motions 04/08/2024
b. Pre-Trial Order: The parties shall file a joint pretrial order no later than May 8, 2024 or thirty (30) days after the date set for filing dispositive motions. In the event that Parties file dispositive motions, the date for filing the joint pretrial order shall be suspended until thirty (30) days after decision on the dispositive motion or further order of the Court.
WHEREFORE, Plaintiff and American Express respectfully request this Honorable Court (1) extend discovery in the present matter as set forth above; and (2) reissue a new Scheduling Order to reflect the requested extension.
ORDER
IT IS SO ORDERED.