Opinion
2:22-cv-01261-JAD-DJA
10-17-2023
LEVY PRODUCTION GROUP, LLC, a Nevada limited liability company, Plaintiff, v. R&R PARTNERS, INC., a Nevada corporation; FARRA FOXDOG PRODUCTIONS, LLC; ROE CORPORATIONS 1-10; JOHN DOES 11-20, Defendants. Event Current Date Parties' Stipulated Proposal
Colleen E. McCarty Nevada Bar No. 13186 FOX ROTHSCHILD LLP David Aronoff (admitted pro hac vice) Joshua Bornstein (admitted pro hac vice) FOX ROTHSCHILD LLP Attorneys for Defendant R&R PARTNERS, INC. Bradley L. Booke LAW OFFICE OF BRADLEY L. BOOKE Attorney for Plaintiff LEVY PRODUCTION GROUP, LLC Marc Saggese Nevada Bar No. 7166 LAW OFFICES OF SAGGESE & ASSOCIATES Attorney for Defendant FARRA FOXDOG PRODUCTIONS, LLC
Colleen E. McCarty Nevada Bar No. 13186 FOX ROTHSCHILD LLP David Aronoff (admitted pro hac vice) Joshua Bornstein (admitted pro hac vice) FOX ROTHSCHILD LLP Attorneys for Defendant R&R PARTNERS, INC.
Bradley L. Booke LAW OFFICE OF BRADLEY L. BOOKE Attorney for Plaintiff LEVY PRODUCTION GROUP, LLC
Marc Saggese Nevada Bar No. 7166 LAW OFFICES OF SAGGESE & ASSOCIATES Attorney for Defendant FARRA FOXDOG PRODUCTIONS, LLC
STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES
(SECOND REQUEST)
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
Pursuant to Local Rules IA 6-1, LR 7-1 and 26-3, plaintiff Levy Production Group, LLC (“Plaintiff”) and defendants R&R Partners, Inc, (“R&R”) and Farra Foxdog Productions, LLC (“Farra Foxdog”) (together, “Defendants”) stipulate to extend the discovery deadlines set forth in the Stipulated Discovery Plan and Scheduling Order (ECF No. 21). The parties' stipulation is supported by the following:
I. Discovery Completed to Date.
The parties have completed the following discovery:
• Plaintiff served its initial disclosures under Rule 26(a)(1) on March 3, 2023.
• Plaintiff served its initial document production on March 3, 2023.
• The parties held their Rule 26(f) conference on March 9, 2023.
• R&R served its initial disclosures under Rule 26(a)(1) on March 23, 2023.
• Farra Foxdog served its initial disclosures under Rule 26(a)(1) on April 3, 2023.
• Farra Foxdog served its initial document production on April 3, 2023.
• Plaintiff served its first set of Requests for Production to R&R on March 31, 2023.
• Plaintiff served its first set of Requests for Production to Farra Foxdog on March 31, 2023.
• R&R served its first set of Requests for Production and first set of Interrogatories to Plaintiff on April 4, 2023.
• Farra Foxdog responded to Plaintiff's first set of Requests for Production and supplemented its document production on April 26, 2023.
• R&R responded to Plaintiff's first set of Requests for Production on May 1, 2023.
• R&R served its initial document production on July 3, 2023.
• Plaintiff took the deposition of former employee of Defendant R&R Partners/non-party Stanzie Dunn on July 28, 2023.
• Plaintiff served its second set of Requests for Production to R&R on August 2, 2023.
• Plaintiff took the deposition of current employee of Defendant R&R Partners/non-party Don Turley on August 11, 2023.
• R&R responded to Plaintiff's second set of Requests for Production on September 1, 2023.
• R&R produced additional, requested documents on September 14, 2023.
II. Discovery that Remains to be Completed.
Plaintiff intends to take the depositions of the following fact witnesses:
• Yanick Dalhouse;
• Vaitari Anderson;
• Dennis Caldwell;
• Danita Collazo;
• Gina Nelson;
• Defendant R&R Partners, Inc.'s 30(b)(6) representatives;
• David Farra;
• James Farra;
• Matt Brown; and
• Las Vegas Convention and Visitors Authority 30(b)(6) representatives.
Nothing herein shall constitute a waiver by Defendants of the 10-deposition limit set forth under Fed.R.Civ.P. 30(a)(2).
Defendants intend to take the depositions of the following fact witnesses:
• Mike Levy;
• Jacquie Gray; and
• Plaintiff's 30(b)(6) witness(es).
The parties further anticipate the need to depose each parties' respective expert witnesses.
The parties reserve the right to seek additional discovery.
III. Reasons for Extension.
Good cause supports the requested extension. The parties have been working diligently to complete discovery and take depositions before the current deadline. However, due to Plaintiff's attorney's hospitalization and illness lasting several weeks during a time when several important depositions had been set, and other unforeseeable events, including various scheduling conflicts with witnesses, several depositions that the parties expected to occur in late September and through October needed to be continued to November 2023 and onward. Rather than waiting until the cusp of the current deadlines before requesting a revision of the case management order, the parties now jointly seek to extend the deadline for the close of discovery by approximately 60 days, from February 5, 2024, to April 8, 2024, and to adjust all case deadlines accordingly. This request is made in good faith and not for purposes of delay, and the parties believe that the additional time will result in a narrowing of the issues and reducing the time required for trial.
IV. Proposed Schedule for Completing all Remaining Discovery.
The parties propose the following extensions of deadlines:
Event
Current Date
Parties' Stipulated Proposal
Discovery cutoff
February 5, 2024
April 8, 2024
Deadline for amending pleadings/adding parties
August 30, 2023
No Change
Expert disclosures
December 8, 2023
February 9, 2024
Rebuttal expert disclosure
January 5, 2024
March 8, 2024
Dispositive motion deadline
March 11, 2024
May 14, 2024
Joint pretrial order
April 10, 2024
June 12, 2024
IT IS SO AGREED AND STIPULATED
IT IS SO ORDERED that the parties' stipulation to extend discovery deadlines (ECF No. 29) is GRANTED. .