Patton v. Financial Business and Consumer Solutions, Inc., 2:16-cv-02738-JCM-CWH. (2017)
Court: District Court, D. Nevada
Number: infdco20170405h49
Visitors: 6
Filed: Apr. 03, 2017
Latest Update: Apr. 03, 2017
Summary: STIPULATION TO STAY DISCOVERY PENDING COURT'S RULING ON PLAINTIFF'S FIRST MOTION FOR LEAVE TO AMEND COMPLAINT CARL W. HOFFMAN , Magistrate Judge . Plaintiff RUSSEL PATTON ("Plaintiff") and Defendant FINANCIAL BUSINESS AND CONSUMER SOLUTIONS, INC. a/k/a FBCS ("Defendant"), by and through their counsel of record, hereby stipulate as follows: 1. Plaintiff propounded written discovery requests upon Defendant and provided Defendant with a Notice of Deposition for Defendant's Person Most Knowle
Summary: STIPULATION TO STAY DISCOVERY PENDING COURT'S RULING ON PLAINTIFF'S FIRST MOTION FOR LEAVE TO AMEND COMPLAINT CARL W. HOFFMAN , Magistrate Judge . Plaintiff RUSSEL PATTON ("Plaintiff") and Defendant FINANCIAL BUSINESS AND CONSUMER SOLUTIONS, INC. a/k/a FBCS ("Defendant"), by and through their counsel of record, hereby stipulate as follows: 1. Plaintiff propounded written discovery requests upon Defendant and provided Defendant with a Notice of Deposition for Defendant's Person Most Knowled..
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STIPULATION TO STAY DISCOVERY PENDING COURT'S RULING ON PLAINTIFF'S FIRST MOTION FOR LEAVE TO AMEND COMPLAINT
CARL W. HOFFMAN, Magistrate Judge.
Plaintiff RUSSEL PATTON ("Plaintiff") and Defendant FINANCIAL BUSINESS AND CONSUMER SOLUTIONS, INC. a/k/a FBCS ("Defendant"), by and through their counsel of record, hereby stipulate as follows:
1. Plaintiff propounded written discovery requests upon Defendant and provided Defendant with a Notice of Deposition for Defendant's Person Most Knowledgeable ("PMK Depo");
2. Defendant responded to Plaintiff's written discovery;
3. Defendant's PMK Depo is currently scheduled for April 26, 2017 in Pennsylvania;
4. Defendant filed a Motion for Summary Judgment ("MSJ") on March 14, 2017 [Dkt. No. 14];
5. Plaintiff's Response to Defendant's MSJ is currently due on April 4, 2017;
6. Plaintiff believes that Defendant's responses to Plaintiff's written discovery requests have unveiled additional claims against Defendant, and Plaintiff is seeking leave to amend the Complaint to add the additional allegations ("Motion for Leave");
7. The current deadline for Amending the Complaint is set for April 20, 2017;
8. Defendant did not agree to a Stipulation to Amend the Complaint;
9. However, Plaintiff and Defendant have agreed to stay discovery, depositions, and all pending deadlines surrounding Defendant's MSJ in light of Plaintiff's Motion for Leave to Amend the Complaint;
10. Should Plaintiff's Motion for Leave be granted, Defendant will withdraw its Motion for Summary Judgment;
11. Should Plaintiff's Motion for Leave be denied, Plaintiff will have 14 days from the date the Motion for Leave is denied to respond ("Response") to Defendant's MSJ, and Defendant will have 14 days from the date of Plaintiff's Response to file a Reply to Plaintiff's Response;
12. Should Plaintiff fail to file a Motion for Leave to Amend Complaint by April 20, 2017, Plaintiff shall have until May 4, 2017 to file Plaintiff's Response to Defendant's MSJ.
13. Upon the judgment of this Court on the Motion for Leave to Amend Complaint, Plaintiff will re-notice the Deposition for Defendant's PMK Depo.
14. The discovery cutoff is currently set for July 19, 2017;
15. This is the first such request to stay discovery and is sought in good faith by the parties to minimize resources and time spent and not for the purpose of delay.
IT IS SO ORDERED.
Source: Leagle