Opinion
2:22-cv-01429-GMN-EJY
01-31-2023
ALICIA M. GENNA, Plaintiff, v. EQUIFAX INFORMATION SERVICES, LLC, TRANS UNION, LLC, GENESIS CREDIT MANAGEMENT, LLC, CAPITAL ONE BANK, KOHLS INC, and TD BANK USA, Defendants.
RACHAEL SWERNOFSKY Nevada Bar No. 15465 QUILLING SELANDER LOWNDS WINSLETT & MOSER, P.C. Counsel for Trans Union LLC Kurt Bonds, Esq. Nevada Bar No. 6228 LAW OFFICES OF MILES N. CLARK, LLC MILES N. CLARK Nevada Bar No. 13848 Counsel for Plaintiff GIA MARINA Nevada Bar No. 15276 Counsel for Equifax Information Services LLC BRIAN MELENDEZ License No. 0223633 (Minn.) (admitted pro hac vice) Loren S. Young LINCOLN, GUSTAFSON & CERCOS LLP Nev. Bar No. 7567 Counsel for TD Bank USA, N.A. (misnamed as “TD Bank USA”)
RACHAEL SWERNOFSKY
Nevada Bar No. 15465
QUILLING SELANDER LOWNDS
WINSLETT & MOSER, P.C.
Counsel for Trans Union LLC
Kurt Bonds, Esq.
Nevada Bar No. 6228
LAW OFFICES OF MILES N. CLARK, LLC
MILES N. CLARK Nevada Bar No. 13848
Counsel for Plaintiff
GIA MARINA Nevada Bar No. 15276
Counsel for Equifax Information Services LLC
BRIAN MELENDEZ License No. 0223633 (Minn.) (admitted pro hac vice)
Loren S. Young
LINCOLN, GUSTAFSON & CERCOS LLP Nev. Bar No. 7567
Counsel for TD Bank USA, N.A. (misnamed as “TD Bank USA”)
JOINT STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINES (FIRST REQUEST)
Plaintiff Alicia M. Genna (“Plantiff”), and Defendants Trans Union LLC (“Trans Union”), Equifax Information Services, LLC (“Equifax”) and TD Bank USA, N.A. (misnamed as “TD Bank USA”) (“TD”) (“the Parties”) hereby jointly move to extend all deadlines set forth in the Stipulated Discovery Plan and Scheduling Order filed with this Court on November 10, 2022, (ECF No. 27) by a period of sixty (60) days.
1. On September 2, 2022, Plaintiff filed her Complaint (ECF No. 1), against Defendants Trans Union, Equifax and TD.
2. Trans Union filed its Answer to Plaintiff's Complaint on September 27, 2022 (ECF No. 10). TD filed its Answer to Plaintiff's Complaint on October 7, 2022 (ECF No. 12).
3. On October 7, 2022, Plaintiff filed her Amended Complaint (ECF No. 13), against Defendants Trans Union, Equifax and TD.
4. Trans Union filed its Answer to Plaintiff's Amended Complaint on October 10, 2022 (ECF No. 14). Equifax filed its Answer to Plaintiff's Amended Complaint on October 26, 2022 (ECF No. 18). TD filed its Answer to Plaintiff's Amended Complaint on November 2, 2022 (ECF No. 22).
5. The parties have completed the following discovery to Dated: The parties have exchanged initial disclosures, Plaintiff has served her first set of document production, Plaintiff served written discovery requests to all Defendants on December 12, 2022 and December 30, 2022, Trans Union served written discovery requests to Plaintiff on January 31, 2023, and Equifax has settled with Plaintiff and is currently finalizing settlement terms and agreements.
6. The parties still need to conduct depositions, potentially additional written discovery, serve subpoenas, conduct third-party depositions, and conduct expert discovery.
7. The Parties require more time and accompanying deadlines from the Court to adequately conduct discovery due to scheduling conflicts. The parties are also discussing settlement.
8. Good cause exists for the requested extension, namely, this action involves three remaining defendants, each with their own separate claims and affirmative defenses. Given that plaintiff will propound and respond to discovery with each defendant, potentially conduct depositions for each defendants' witnesses located across the country, may retain at least one expert, and must coordinate with counsel for each defendant, the Parties cannot fully investigate and litigate this action within the standard discovery period .
9. The additional time will allow the Parties to conduct 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. The Parties have also engaged in settlement discussions and the additional time will assist in continuing those discussions and explore a mediation or settlement conference
10. 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.
11. Moreover, the requested extensions are not sought for the purposes of delay.
12. This is the Parties' first request to extend these deadlines.
13. Accordingly, the parties request adoption of the following deadlines:
a. Discovery Plan:
Discovery Cut-off 05/26/2023
Deadline to Disclose Rebuttal Expert Disclosures 04/28/2023
Deadline to File Dispositive Motions 06/26/2023
b. Pre-Trial Order: The parties shall file a joint pretrial order no later than 07/26/2023 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 Trans Union, Equifax and TD 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.
IT IS SO ORDERED.