Opinion
2:20-cv-02045-RFB-BNW
10-19-2023
MARIA TSATAS, an individual; LEONIDAS VALKANAS, as trustee of the KEET TRUST dated August 1, 2015; RAYMOND BARAZ, an individual; PASCAL ABDALLAH, an individual; JIMMY TSOUTSOURAS, an individual; FOTINI VENETIS, an individual; NICHOLAS TSOUTSOURAS, an individual; CONNIE TSOUTSOURAS, an individual; RAYMONDE KANHA, an individual; ALFRED BEKHIT, an individual; JACQUEZ ELBAZ, an individual; MARTINE BENEZRA, an individual; JAMES P. CARROLL, an individual; DAVID CHIN, an individual; JENNIFER MILLS, an individual; PAUL SUBLETT, an individual; ANDREW SUBLETT, an individual; MANOLIS KOSTAKIS, an individual; ESTHER GEORGAKOPOULOS, an individual; EVAGELIA KOSTAKIS, an individual; DENIS PARSONS, an individual; SOFIA KARDARAS, an individual; JIMMY ASMAKLIS, an individual; CORRADINO GALUPPO, an individual; DENIS KOPITAS, an individual; TERRY TSATAS, an individual; GEORGE TSATAS, an individual; PANAGIOTA TSATAS, an individual; OURANIA TSATAS, an individual; KIRIAKOS PRIMBAS, an individual; EVANTHIA PRIMBAS, an individual; PATRICK AYOUB, an individual; MICHAEL BESCEC, an individual; ERNEST LEBOEUF, an individual; PHILIPPE LEGAULT, an individual; EFTIHIOS LITSAKIS, an individual; GIOVANNI MONCADA, an individual; MARC RIEL, an individual; JARADEH SALIM, an individual; HANI HAMAM, an individual; CONSTANTIN ZISSIS, an individual; BESSIE PEPPAS, an individual; NIKI PALIOVRAKAS, an individual, Plaintiff, v. AIRBORNE WIRELESS NETWORK, INC., a Nevada Corporation; MICHAEL J. WARREN, an individual; J. EDWARD DANIELS, an individual; MARIUS DE MOS, an individual; JASON DE MOS, an individual; ROBERT BRUCE HARRIS, an individual; KELLY KABILAFKAS, an individual; and APCENTIVE, INC., a Nevada Corporation, Defendants.
GREENSPOON MARDER, LLP THE MALONEY FIRM, APC PHILLIP SILVESTRI, ESQ. PATRICK M. MALONEY, ESQ. GREGORY M. SMITH, ESQ. BETZY Y. BRAS-GONZALEZ, ESQ. Attorneys for Defendants VC2 LAW NOVIAN & NOVIAN, LLP MICHAEL C. VAN, ESQ. GARRETT R. CHASE, ESQ. FARHAD NOVIAN, ESQ. ANDREW B. GOODMAN, ESQ. Attorneys for Plaintiffs
Complaint Filed: November 5, 2020
GREENSPOON MARDER, LLP
THE MALONEY FIRM, APC
PHILLIP SILVESTRI, ESQ.
PATRICK M. MALONEY, ESQ.
GREGORY M. SMITH, ESQ.
BETZY Y. BRAS-GONZALEZ, ESQ.
Attorneys for Defendants
VC2 LAW
NOVIAN & NOVIAN, LLP
MICHAEL C. VAN, ESQ.
GARRETT R. CHASE, ESQ.
FARHAD NOVIAN, ESQ.
ANDREW B. GOODMAN, ESQ.
Attorneys for Plaintiffs
HON. RICHARD F. BOULWARE, II JUDGE.
STIPULATED REQUEST FOR EXTENSION OF DISCOVERY DEADLINES BY APPROXIMATELY 30 DAYS
(TENTH REQUEST)
HON. BRENDA N. WEKSLER MAGISTRATE, JUDGE.
STIPULATED REQUEST FOR EXTENSION OF DISCOVERY DEADLINES
Plaintiffs (as listed in the above caption) and Defendants (as listed in the above caption) (collectively, the “Parties”), by and through their undersigned counsel of record, submit this Stipulated Request for Extension of Discovery by Approximately 30 Days, pursuant to FRCP 6(b) and 16(b), as well as LR 26-3 and LR IA 6-1.
WHEREAS, this is the Parties' tenth request for an extension of discovery deadlines.
WHEREAS, on August 16, 2023, the Court granted Plaintiffs' most recent stipulated request for an extension of the scheduling order (ECF No. 217), such that the following cutoff dates currently apply:
Discovery Cut-Off - November 10, 2023
Dispositive Motions - December 12, 2023
Proposed Joint Pretrial Order - January 11, 2024, or 30 days after the final dispositive motions is ruled upon.
WHEREAS, pursuant to LR 26-3, the Parties agree on the following:
(a) Statement of discovery completed: The Parties incorporate by reference the statement of discovery completed, as set forth in the Parties' August 15, 2023 Stipulation (ECF No. 216 at pp. 3:17-4:10); July 25, 2023 Stipulation (ECF No. 214 at pp. 3:17-4:6); and Plaintiffs' June 9, 2023 (ultimately unopposed) Motion to Modify Scheduling Order (ECF No. 207 at p. 8:10-19 (referencing ECF No. 204 at pp. 3:17-4:19, which also referenced ECF No. 182 at pp. 14:21-19:22). Since August 17, 2023, the following additional discovery has been completed:
• Depositions of Plaintiffs:
o Marc Riel (September 1, 2023)
o Corradino Galuppo (October 6, 2023)
• Written Discovery o Discovery Responses from all Plaintiffs to set two of RFAs and RFPs served on September 8, 2023
• Plaintiffs' Expert Disclosures (September 11, 2023)
• Defendants' Expert Disclosures (September 11, 2023)
• Defendants' Rebuttal Expert Disclosures (October 11, 2023)
(b) Discovery that remains to be completed: The discovery that remains to be completed includes the following primary items (without prejudice to additional items that may arise as discovery continues):
• Depositions of remaining Plaintiffs:
o James P. Carroll (dates offered for October 30, 2023 and October 31, 2023)
o Sofia Kardaras
o Jimmy Asmaklis
o Michael Besec
o Ernest Leboeuf
o Phillipe Legault
o Eftihios Listakis
o Giovanni Moncada
o Jaradeh Salim
o Hani Hamam
o Constantin Zissis
• Discovery responses from all Plaintiffs to set two of Interrogatories from Defendants served on October 3, 2023.
• Four expert depositions of Plaintiffs' experts, Defendants' expert, and Defendants' rebuttal expert.
(c) Reasons why deadline not satisfied or remaining discovery not completed: Defendants have made diligent efforts to pursue discovery they need to meaningfully prepare for trial, take expert depositions, and/or to draft dispositive motions. Defendants have diligently taken the depositions of 32 out of the 43 plaintiffs. Defendants have requested availability for each of the remaining Plaintiffs' depositions. Plaintiffs' counsel have advised that plaintiff James P.
Carroll will be available for deposition on October 30, 2023 and October 31, 2023. There is an outstanding ten (10) Plaintiffs whose availability has yet to be identified. On October 16, 2023, VC2 Law and Novian & Novian, LLP filed a Motion to Withdraw as Counsel for Ten Named Plaintiffs (ECF No. 218) - the same ten who have not yet been deposed. The Court granted the Motion to Withdraw on October 18, 2023 and set a status check hearing for November 8, 2023 at 10:00 a.m. ECF No. 219. In the event that some of the ten plaintiffs continue with new counsel or in pro per, Defendants will need additional time to complete their depositions.
(d) Proposed schedule for completing all remaining discovery: In light of the above, and for good cause showing, the Parties propose the following schedule for completing all remaining discovery:
• Discovery Cut-Off - December 11, 2023
• Dispositive Motions - January 11, 2024
• Proposed Joint Pretrial Order - February 12, 2024, or 30 days after the final dispositive motions is ruled upon.
WHEREAS, the Parties do not dispute that both sides have acted diligently since the last request for an extension, and good cause supports an extension of approximately 30 days to each remaining cutoff date, THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the Parties, by and through their respective attorneys of record, that the below-listed proposed schedule should govern this case, without prejudice to requests for further extensions for good cause:
Discovery Cut-Off - December 11, 2023
Dispositive Motions - January 11, 2024
Proposed Joint Pretrial Order - February 12, 2024, or 30 days after the final dispositive motions is ruled upon.
IT IS SO STIPULATED.
IT IS SO ORDERED.
IT IS FURTHER ORDERED that given that this is the parties' tenth request for an extension, the Court will not be inclined to grant further extensions.