Filed: May 14, 2019
Latest Update: May 14, 2019
Summary: JOINT STIPULATION AND ORDER TO AMEND THE DISCOVERY PLAN AND SCHEDULING ORDER (Fifth Request) NANCY J. KOPPE , Magistrate Judge . Defendant Carolyn Hallinan and Plaintiff hereby stipulate and agree to an extension to the dates and deadlines set forth in the discovery plan and scheduling order (ECF No. 27, as amended, ECF Nos. 39, 67, 75). 1 The earliest deadline set forth in the current Scheduling Order is the fact discovery cutoff date of May 24, 2019. ECF No. 75. On May 3, 2019, Defendan
Summary: JOINT STIPULATION AND ORDER TO AMEND THE DISCOVERY PLAN AND SCHEDULING ORDER (Fifth Request) NANCY J. KOPPE , Magistrate Judge . Defendant Carolyn Hallinan and Plaintiff hereby stipulate and agree to an extension to the dates and deadlines set forth in the discovery plan and scheduling order (ECF No. 27, as amended, ECF Nos. 39, 67, 75). 1 The earliest deadline set forth in the current Scheduling Order is the fact discovery cutoff date of May 24, 2019. ECF No. 75. On May 3, 2019, Defendant..
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JOINT STIPULATION AND ORDER TO AMEND THE DISCOVERY PLAN AND SCHEDULING ORDER
(Fifth Request)
NANCY J. KOPPE, Magistrate Judge.
Defendant Carolyn Hallinan and Plaintiff hereby stipulate and agree to an extension to the dates and deadlines set forth in the discovery plan and scheduling order (ECF No. 27, as amended, ECF Nos. 39, 67, 75).1 The earliest deadline set forth in the current Scheduling Order is the fact discovery cutoff date of May 24, 2019. ECF No. 75. On May 3, 2019, Defendant filed a motion to amend the discovery schedule in the present case (ECF Nos. 81-82) and in the related case of McNamara v. Charles Hallinan, et al., Case No. 2:17-cv-02966-GMN-NJK (See ECF No. 88 therein.). Plaintiff opposed both motions. In the Charles Hallinan matter, Defendant's motion was granted (See ECF No. 91 therein) and, among other deadlines, fact discovery was extended to June 30, 2019. A copy of the Order Granting Defendant's Motion to Extend in the Charles Hallinan matter is attached hereto as Exhibit A. The parties now respectfully request that the same extension be granted in the present action. The parties have requested previous extensions of the discovery scheduling order.
Pursuant to Fed. R. Civ. P. 16(b)(4), LR IA 6-1, LR IA 6-2, and LR 26-4, Defendant Carolyn Hallinan and Plaintiff stipulate to extend certain dates included in the Court's Scheduling Order regarding this case's discovery plan.
Completed Discovery
The following discovery has occurred:
Plaintiff has served Defendants with the following items:
1. Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1);
2. First Set of Interrogatories;
3. Second Set of Interrogatories;
4. First Set of Requests for Production of Documents;
5. First Set of Requests for Admissions;
6. Responses to Defendants' First Set of Interrogatories;
7. Responses to Defendants' First Set of Requests for Production;
8. First Production of Documents;
9. Notice of Deposition for Linda Hallinan;
10. Notice of Deposition for Carolyn Hallinan; and
11. Expert Report.
Defendants have served Plaintiff with the following items:
1. Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1);
2. Responses to Plaintiff's First Set of Interrogatories;
3. Responses to Plaintiff's First Set of Requests for Production;
4. Responses to Plaintiff's First Set of Requests for Admission;
5. First Set of Interrogatories; and
6. First Set of Requests for Production of Documents.
Incomplete Discovery
Relatively little discovery remains beyond several depositions. Plaintiff and Defendants have completed their document productions. Party depositions have yet to take place, as dates previously set were moved to accommodate Carolyn Hallinan's need to attend to a medical procedure for her daughter.
A. Reasons to Extend Discovery Deadlines
Carolyn Hallinan and Plaintiff request an extension of the current fact discovery deadline for the limited purpose of scheduling and conducting party depositions, and the third-party deposition of Charles Hallinan. The facts of this case are complex and involve the payday lending businesses of Scott Tucker, which spanned more than a decade and which have been extensively litigated in a number of fora. Additionally, the case itself has been ongoing for a little more than a year and has its own history. Carolyn Hallinan (who resides in Boston, Mass.) was scheduled to appear for her deposition in Philadelphia, Pa. on May 17, 2019. However, Ms. Hallinan's daughter requires eye surgery on May 21, 2019, and is unable to travel to Philadelphia on May 17 due to the surgery and a necessary pre-op appointment on May 16, both in Boston. In addition to the depositions of Linda and Carolyn Hallinan in the present case, the Monitor is also seeking their depositions as third-party witnesses in a similar lawsuit brought by the Monitor that is pending before the Court (McNamara v. Charles Hallinan, et al., No 2:17-cv-02966-GMN-NJK (D. Nev.)). As Linda and Carolyn Hallinan will be deposed in both matters and necessitate crosscountry travel, the parties are working together to schedule these depositions in the most efficient and cost-effective manner. This requested extension of discovery will allow the parties sufficient time to complete the necessary depositions and then resolve any related discovery issues should they arise.
B. Proposed Schedule for Completing All Remaining Discovery
Defendant Carolyn Hallinan and Plaintiff seek to amend the Scheduling Order as follows:
Current Date Proposed New Date
1. Fact discovery cut-off May 24, 2019 June 30, 2019
2. Expert discovery cut-off December 20, 2018 December 20, 2018
3. Interim status report October 22, 2018 October 22, 2018
4. Expert disclosures October 22, 2018 October 22, 2018
5. Rebuttal expert designations November 21, 2018 November 21, 2018
6. Dispositive motions August 9, 2019 September 13, 2019
7. Pretrial order* September 13, 2019 October 18, 2019
* In the event dispositive motions are filed, the date for filing the joint pretrial order shall be
suspended until 30 days after a decision of the dispositive motions.
III. CONCLUSION
For the above-stated reasons, Plaintiff and Carolyn Hallinan respectfully stipulate and respectfully request that this Court enter an Order granting this Stipulation to Amend the Discovery Plan and Scheduling Order using the new deadlines noted above.
Dated: May 10, 2019 Dated: May 10, 2019
McNamara Smith LLP Semenza Kircher Rickard
By: s/Cornelia J.B. Gordon By: s/Jarrod L. Rickard
Logan D. Smith (Pro Hac Vice) Lawrence J. Semenza, III (NV 7174)
Edward Chang (NV 11783) Christopher D. Kircher (NV 11176)
Cornelia J. B. Gordon (Pro Hac Vice) Jarrod L. Rickard (NV 10203)
655 West Broadway, Suite 1600 10161 Park Run Drive, Suite 150
San Diego, California 92101 Las Vegas, NV 89145
Tel.: 619-269-0400 Tel.: 702-835-6803
Fax: 619-269-0401 Fax: 702-920-8669
Michael F. Lynch (NV 8555) Adam J. Petitt (Pro Hac Vice)
Lynch Law Practice, PLLC Stradley Ronon Stevens & Young, LLP
3613 S. Eastern Ave. 2005 Market Street, Suite 2600
Las Vegas, Nevada 89169 Philadelphia, PA 19103
Tel.: 702-684-6000 Tel.: 215-564-8130
Fax: 702-543-3279 Fax: 215-564-8120
Attorneys for Court-Appointed Monitor,
Thomas W. McNamara Attorneys for Defendant Carolyn Hallinan
IT IS SO ORDERED.
IT IS FURTHER ORDERED that the Motion to Amend Scheduling Order (ECF No. 81) is MOOT based upon the entry of this stipulation.
EXHIBIT A
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
THOMAS W. MCNAMARA,
Case No.: 2:17-cv-02966-GMN-NJK
Plaintiff(s),
v. Order
[Docket No. 88]
CHARLES M. HALLINAN, et al.,
Defendant(s).
Pending before the Court is Defendants' motion to extend deadlines in the scheduling Docket No. 88. Plaintiff filed a response in opposition, which acknowledges that at least one of the depositions remaining is scheduled to occur after the fact discovery cutoff. Docket No. at 2. The Court does not require a reply. For good cause shown, the motion to extend is GRANTED and deadlines are SET as follows:
• Interim status report: closed
• Expert disclosures: closed
• Rebuttal expert disclosures: closed
• Expert discovery cutoff: May 24, 2019
• Fact discovery cutoff: June 30, 2019
• Dispositive motions: September 13, 2019
• Joint proposed pretrial order: October 18, 2019, or 30 days after resolution of any dispositive motions
NO FURTHER EXTENSIONS WILL BE GRANTED.
IT IS SO ORDERED.
