JOINT STIPULATION AND ORDER TO EXTEND DISCOVERY

(Second Request)

CARL W. HOFFMAN, Magistrate Judge.

PURSUANT TO LR 6-2, LR 7-1, AND LR 26-4, IT IS HEREBY STIPULATED AND AGREED by and among Plaintiff Michelle McKenna ("McKenna"), and Defendants David Z. Chesnoff, Chtd. P.C. d/b/a Chesnoff & Schonfeld ("Chesnoff & Schonfeld"), David Z. Chesnoff, and Richard A. Schonfeld (collectively, "Defendants"), through their respective attorneys, that the current discovery plan be extended for a period of 120 days.

Counsel in this matter have exchanged over 35,000 pages of documents and disclosed over 100 witnesses and are working diligently to schedule depositions of the parties and relevant third-party witnesses. The Parties are also in the process of obtaining documents from third parties. In order to ensure that expert witnesses will have sufficient time to review and consider the relevant discovery materials to be obtained from third parties, as well as the deposition testimony of the parties and relevant third-party witnesses, the Parties request that all discovery deadlines be extended 120 days.

A. Current Discovery Schedule.

On June 16, 2015, this Court entered a Stipulation and Order to Extend Discovery (First Request) [ECF No. 24], which extended the discovery deadlines as follows:

B. Discovery Completed to Date

1. Initial Disclosures

a. McKenna

On February 11, 2015, McKenna served her Initial Disclosures (12,454 pages). McKenna served her Amended Initial Disclosures on March 16, 2015; her First Supplement to Initial Disclosures on April 17, 2015 (712 pages); her Second Supplement to Initial Disclosures on July 9, 2015 (2,365 pages); and her Third Supplement to Initial Disclosures on September 29, 2015 (6,398 pages). In total McKenna has disclosed 21,933 pages of documents.

b. Defendants

On February 11, 2015, Defendants' served their Initial Disclosures (11,196 pages). Defendants served their First Supplement to Initial Disclosures on May 4, 2015 (296 pages); their Second Supplement to Initial Disclosures on June 11, 2015 (398 pages); their Third Supplement to Initial Disclosures on July 21, 2015 (1,602 pages); their Fourth Supplement to Initial Disclosures on July 27, 2015 (14 pages); and their Fifth Supplement to Initial Disclosures on July 31, 2015 (168 pages). In total the Defendants disclosed 13,674 pages of documents.

2. Requests for Production of Documents

a. McKenna

On June 4, 2015, McKenna served her First Set of Requests for Production of Documents on Chesnoff & Schonfeld (111 requests). On June 5, 2015, McKenna served her Amended First Set of Requests for Production of Documents on Chesnoff & Schonfeld (same 111 requests), as well as her First Set of Requests for Production of Documents on David Z. Chesnoff, individually (115 requests), and her First Set of Requests for Production of Documents on Richard A. Schonfeld, individually (114 requests). Chesnoff & Schonfeld; David Z. Chesnoff, individually; and Richard A. Schonfeld, individually; all responded on July 27, 2015.

b. Defendants

On August 5, 2015, Defendants served their First Set of Requests for Production of Documents on McKenna (61 requests). McKenna responded on September 29, 2015.

3. Interrogatories

a. McKenna

On June 4, 2015, McKenna served her First Set of Interrogatories on Chesnoff & Schonfeld. On June 5, 2015, McKenna served her Amended First Set of Interrogatories on Chesnoff & Schonfeld, along with her First Set of Interrogatories on David Z. Chesnoff, individually, and Richard A. Schonfeld, individually. Chesnoff & Schonfeld; David Z. Chesnoff, individually; and Richard A. Schonfeld, individually; all responded on July 27, 2015.

b. Defendants

On August 5, 2015, Defendants served their First Set of Interrogatories on McKenna. McKenna responded on September 29, 2015.

C. Discovery That Remains to Be Completed.

The following discovery remains to be completed:

D. Purpose of the Extension of Discovery.

To date, over 35,000 pages of relevant documents and over 100 witnesses have been disclosed. Due to the volume of information produced and the extensive written discovery conducted, the Parties are still of evaluating the necessity of third-party depositions and subpoena duces tecum.

Additionally, the Parties are diligently negotiating a schedule for the depositions of the Parties. Currently, it appears that the depositions will occur in late October or in November due to conflicts in the Parties' and counsel's schedules. The Parties also believe that they will need to depose several third-party witnesses in November and/or December, many of whom reside outside of Nevada. Due to anticipated scheduling conflicts with pre-planned vacations during the upcoming holiday season, an extension of discovery deadlines is necessary.

Finally, given the extensive amount of documents produced and/or disclosed to date, and the scheduling difficulties with the depositions, the Parties believe there is insufficient time for the expert witnesses to review the relevant discovery materials and prepare their reports by the current deadline. Therefore, in an abundance of caution, the Parties are requesting a 120-day extension of all discovery deadlines.

E. Proposed Discovery Deadlines.

Based on the foregoing, the Parties stipulate and agree to an additional 120 days for discovery. As such the following dates would apply:

IT IS HEREBY ORDERED THAT:

The Joint Stipulation and Order to Extend Discovery (Second Request) is granted, and the following discovery deadlines are set: