Opinion
3:19-cv-00748-RCJ-CSD
07-14-2023
DELTA SALOON, INC., a Nevada Corporation, Plaintiff, v. AMERIGAS PROPANE, L.P., a Pennsylvania Limited Partnership; DOES I through X and ROE CORPORATIONS XI through XX, Defendants.
Sarah Ferguson, Jake T. Ward-Herzik, Parsons Behle & Latimer, John G. Hansen, McCoy Leavitt Laskey LLC, H. Brook Laskey, McCoy Leavitt Laskey LLC, Attorneys for Defendant. John Jahrmarkt, Elliot S. Blut, Attorneys for Plaintiff Delta Saloon, Inc.
Sarah Ferguson, Jake T. Ward-Herzik, Parsons Behle & Latimer, John G. Hansen, McCoy Leavitt Laskey LLC, H. Brook Laskey, McCoy Leavitt Laskey LLC, Attorneys for Defendant.
John Jahrmarkt, Elliot S. Blut, Attorneys for Plaintiff Delta Saloon, Inc.
ORDER GRANTING STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY DEADLINES (TWELFTH REQUEST)
Plaintiff Delta Saloon, Inc. (“Plaintiff”), Defendant AmeriGas Propane, L.P. (“AmeriGas,” collectively the “Parties”), by and through their attorneys of record, have met and conferred regarding the current discovery dates and respectfully request the Court amend the discovery schedule as outlined herein. The Parties have agreed to the schedule change reflected herein irrespective of the Court's ruling on the currently pending two motions. The Parties reserve the right to request or oppose further changes to the schedule after the motions are heard.
Additional time is not made for the purpose of delay, but rather to ensure that the Parties are able to conduct full expert discovery in this matter. Aside from issues raised in the two motions that are presently before this Court, the Parties have substantially completed fact discovery. They have exchanged expert reports and all that remains to complete discovery in this matter is to take the depositions of their respective experts, one non-retained expert from Storey County, and the owner of the Delta Saloon, Dr. Vincent Malfitano. Counsel are presently identifying the dates during which the Parties and the experts are available for these depositions and they require additional time to schedule and take these depositions. This stipulation does not afford additional time for the purpose of Mr. Matthews' deposition or the depositions of any other experts Plaintiff may identify. If the Court allows Mr. Matthews or any other experts to be identified, additional time may be separately requested to accommodate that discovery.
Consistent with LR 26-3, the Parties note that there is good cause to extend the discovery deadlines in this case as discussed in the forgoing.
Accordingly, the Parties, hereby agree to the following revised discovery deadlines:
| Event | Current Date | New Date | |
| a. | Close of Discovery: | June 30, 2023 | August 31, 2023 |
| b. | Amend Pleadings or Add Parties: | Completed | |
| c. | Expert Disclosure Reports: | ||
| i. | Initial Expert Disclosures: | Completed | |
| ii. | Rebuttal Expert Disclosures: | Completed | |
| d. | Dispositive Motions Filed: | July 24, 2023 | September 15, 2023 |
| e. | Joint Pre-Trial Order: | September 22, 2023 | November 9, 2023 |
This request is made in good faith and not for purposes of delay.
IT IS SO ORDERED.