Opinion
2:20-cv-02292-GMN-BNW
10-26-2022
ANTHONY SESSA and MARK SESSA, on behalf of themselves and all others similarly situated, Plaintiffs, v. ANCESTRY.COM OPERATIONS INC., a Virginia Corporation; ANCESTRY.COM INC., a Delaware Corporation; and ANCESTRY.COM LLC, a Delaware Limited Liability Company, Defendants.
MILES N. CLARK, ESQ. MATTHEW I. KNEPPER, ESQ. NEVADA BAR NO. 12796 KNEPPER & CLARK LLC MICHAEL F. RAM (PRO HAC VICE) MARIE N. APPEL (PRO HAC VICE) MORGAN & MORGAN COMPLEX LITIGATION GROUP BENJAMIN R. OSBORN (PROHAC VICE) 102 BERGEN STREET BROOKLYN, NY 11201 TELEPHONE: (347) 645-0464 COUNSEL FOR PLAINTIFFS COHEN-JOHNSON, LLC H. STAN JOHNSON, ESQ. (SBN: 0265) (SJOHNSON@COHENJOHNSON.COM) QUINN EMANUEL URQUHART & SULLIVAN, LLP SHON MORGAN (PRO HAC VICE) JOHN W. BAUMANN (PRO HAC VICE) CRISTINA HENRIQUEZ (PRO HAC VICE) COUNSEL FOR ANCESTRY.COM OPERATIONS INC., ANCESTRY.COM INC., AND ANCESTRY.COM LLC TURKE & STRAUSS LLP /S/ RAINA C. BORRELLI RAINA C. BORRELLI (PRO HAC VICE) COUNSEL FOR PLAINTIFFS AND THE PROPOSED CLASS QUINN EMANUEL URQUHART & SULLIVAN, LLP SHON MORGAN (PRO HAC VICE) COUNSEL FOR DEFENDANTS ANCESTRY.COM OPERATIONS INC., ANCESTRY.COM INC., AND ANCESTRY.COM LLC
MILES N. CLARK, ESQ.
MATTHEW I. KNEPPER, ESQ. NEVADA BAR NO. 12796 KNEPPER & CLARK LLC
MICHAEL F. RAM (PRO HAC VICE)
MARIE N. APPEL (PRO HAC VICE) MORGAN & MORGAN COMPLEX LITIGATION GROUP
BENJAMIN R. OSBORN (PROHAC VICE) 102
BERGEN STREET BROOKLYN, NY 11201 TELEPHONE: (347) 645-0464
COUNSEL FOR PLAINTIFFS
COHEN-JOHNSON, LLC
H. STAN JOHNSON, ESQ. (SBN: 0265) (SJOHNSON@COHENJOHNSON.COM)
QUINN EMANUEL URQUHART & SULLIVAN, LLP
SHON MORGAN (PRO HAC VICE)
JOHN W. BAUMANN (PRO HAC VICE)
CRISTINA HENRIQUEZ (PRO HAC VICE)
COUNSEL FOR ANCESTRY.COM OPERATIONS INC., ANCESTRY.COM INC., AND ANCESTRY.COM LLC
TURKE & STRAUSS LLP /S/ RAINA C. BORRELLI RAINA C. BORRELLI (PRO HAC VICE) COUNSEL FOR PLAINTIFFS AND THE PROPOSED CLASS
QUINN EMANUEL URQUHART & SULLIVAN, LLP SHON MORGAN (PRO HAC VICE) COUNSEL FOR DEFENDANTS ANCESTRY.COM OPERATIONS INC., ANCESTRY.COM INC., AND ANCESTRY.COM LLC
JOINT STIPULATION FOR ORDER APPROVING EXTENSION OF DISCOVERY DEADLINE AND [PROPOSED] ORDER
(FIRST REQUEST)
Pursuant to L.R. IA 6-1 and 6-2, and L.R. 7-1 and 26-3 of the Local Rules of Practice for the United States District Court for the District of Nevada, Plaintiffs Anthony Sessa and Mark Sessa (“Plaintiffs”) and Defendants Ancestry.com Operations Inc., Ancestry.com Inc., and Ancestry.com LLC (“Defendants” or “Ancestry”) (collectively, the “parties”), by and through their undersigned counsel, hereby stipulate and agree to extend the close of fact discovery by three weeks, to November 15, 2022, for the limited purpose of Ancestry completing its document production consistent with the Court's order on Plaintiffs' motion to compel and for completing the meet and confer process regarding Plaintiffs' responses to Ancestry's discovery requests served on September 14, 2022. The requested extension is necessary and there is good cause for the extension, as set forth below. This is the first request for an extension of the close of fact discovery and is sought in good faith and not for purposes of causing any undue delay. Indeed, the limited extension of fact discovery sought will not impact any other deadline, including class certification briefing.
WHEREAS, on May 16, 2022, the Court approved the parties' Amended Joint Discovery Plan setting the close of fact discovery for October 25, 2022, (ECF Nos. 62, 64);
WHEREAS, on August 11, 2022, Plaintiffs filed a motion to compel Ancestry's responses to requests for production, (ECF No. 74);
WHEREAS, Ancestry served its first set of requests for production and first set of interrogatories to Plaintiffs on September 14, 2022;
WHEREAS, Plaintiffs' motion to compel was heard on September 27, 2022 and the Court granted it in part and denied it in part (ECF No. 82);
WHEREAS, pursuant to the Court's order, Ancestry and Plaintiffs conferred regarding custodians and search terms on October 21, 2022 and subsequently reached agreement on these issues;
WHEREAS, Plaintiffs responded to Ancestry's first set of requests for production and first set of interrogatories on October 14, 2022;
WHEREAS, Ancestry and Plaintiffs met and conferred regarding Plaintiffs' responses to Ancestry's first set of requests for production and first set of interrogatories on October 20, 2022 and the parties continue to discuss these responses;
WHEREAS, good cause exists as required by L.R. 26-3 to grant this brief limited extension of the fact discovery deadline, because the parties have engaged in discovery in good faith but are continuing to discuss their discovery responses and need further time to produce responsive documents and information. Ancestry has diligently sought to collect documents responsive to the requests that the Court ruled Ancestry must respond to in its September 27, 2022 order. Despite efforts to comply with the Court's order expeditiously, Ancestry needs a brief extension of time to complete this process. In addition, Plaintiffs and Ancestry continue to discuss Plaintiffs' responses to Ancestry's discovery requests.
WHEREAS, pursuant to L.R. 26-3, the parties provide the following information as to the discovery that has been completed to Dated: (a) Ancestry served its initial disclosures on May 12, 2022, and Plaintiffs served their initial disclosures on May 17, 2022; (b) the deposition of Ancestry employee Todd Godfrey in a 30(b)(6) and in his individual capacity was taken on October 5, 2022 and the depositions of Plaintiffs Mark and Anthony Sessa were taken on October 11, 2022; (c) Ancestry made its first production of documents on July 29, 2022 and Plaintiffs made their first production of documents on October 25, 2022; (d) Ancestry is serving its supplemental interrogatory responses on October 25, 2022.
WHEREAS, Ancestry and Plaintiffs stipulate and agree, subject to the Court's approval, to a fact discovery completion deadline of November 15, 2022.
WHEREFORE, the parties hereby seek an Order of this Court for a limited extension of the close of fact discovery from October 25, 2022 to November 15, 2022.
IT IS SO STIPULATED.
ORDER APPROVING STIPULATION
IT IS SO ORDERED.