Jacobson v. Rodriguez

1 L. Christopher Rose, Esq. Nevada Bar No. 7500 2 Jonathan W. Fountain, Esq. Nevada Bar No. 10351 3 HOWARD & HOWARD ATTORNEYS PLLC 3800 Howard Hughes Parkway, Suite 1000 4 Las Vegas, NV 89169 Tel. (702) 257-1483 5 Email: lcr@h2law.com Email: jwf@h2law.com [6] K. Jon Breyer, Esq. 7 (Admitted pro hac vice) Andrew R. Shedlock, Esq. 8 (Admitted pro hac vice) KUTACK ROCK, LLP 9 60 South Sixth Street, Suite 3400 Minneapolis, MN 55402 10 Telephone: (612) 334-5000 Email: Jon.Breyer@jutackrock.com 11 Email: Andrew.Shedlock@kutackrock.com 12 Attorneys for Plaintiff Anthony S. Jacobson 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 ANTHONY S. JACOBSON, an individual, Case No. 2:20-cv-00797-APG-BNW 16 Plaintiff, STIPULATION AND [PROPOSED] ORDER TO AMEND CASE 17 vs. MANAGEMENT DEADLINES 18 ASTRED M. RODRIGUEZ, an individual, (First Request) 19 Defendant. [27] 1 Pursuant to LR 26-3, Plaintiff ANTHONY S. JACOBSON (“Plaintiff” or “Jacobson”) and 2 Defendant ASTRED M. RODRIGUEZ (“Defendant” or “Rodriguez”) stipulate to amend the case 3 management deadlines, as follows: 4 1. A statement specifying the discovery completed. Plaintiff served its initial 5 disclosures on September 7, 2021. Plaintiff served an initial set of interrogatories, requests for 6 admissions, and requests for production on Defendant on September 20, 2021. Defendant served 7 written objections or responses to Plaintiff’s requests for admissions on November 3, 2021. 8 Defendant served its initial disclosures on November 4, 2021. Defendant served its written 9 objections and answers to Plaintiff’s interrogatories on November 10, 2021 and its written 10 objections to Plaintiff’s requests for the production of documents on November 15, 2021. 11 Defendant served its initial set of interrogatories and its initial set of requests for the production 12 of documents on Plaintiff on November 16, 2021. 13 2. A specific description of the discovery that remains to be completed. The 14 parties have agreed to limit the scope of all remaining discovery as follows: (a) Plaintiff will 15 respond to Defendant’s document requests but will only answer Defendant’s Interrogatories 1-6; 16 (b) the parties will each take the other party’s deposition remotely by videoconference; and (c) 17 the parties may subpoena third party AOM Holdings, LLC. 18 3. The reasons why the remaining discovery was not completed. During the 19 discovery period, the parties have focused their efforts on settlement rather than litigation. In 20 addition, the parties’ counsel encountered multiple scheduling conflicts that interfered with and 21 hindered their ability to conduct discovery. Moreover, good cause for the requested extension 22 exits so that the parties can develop the facts of their case so that it may be decided on the merits 23 rather than as a result of the application of a technical deadline. See, e.g., Foman v. Davis, 371 24 U.S. 178 (1962) (stating, in the context of a motion to amend the complaint, that: “It is . . . entirely 25 contrary to the spirit of the Federal Rules of Civil Procedure for decisions on the merits to be 26 avoided on the basis of such mere technicalities.”). Here, the parties agree that the foregoing 27 circumstances constitutes good cause for this first and short extension of the remaining case 1 4, A proposed schedule for completing all remaining discovery. The parties 2 || propose extending the discovery cutoff to January 22, 2022, the dispositive motion cutoff to 3 || February 22, 2022, and the joint final pretrial order deadline to March 24, 2022. 4 IT IS SO AGREED AND STIPULATED, this 19th day of November 2021: KUTACK ROCK, LLP MARQUIS AURBACH COFFING By:__/s/_K. Jon Breyer By: /s/ Jennifer L. Micheli K. Jon Breyer, Esq. Jennifer L. Micheli, Esq. 7\| Andrew R. Shedlock, Esq. Nevada Bar No. 11210 60 South Sixth Street, Suite 3400 10001 Park Run Drive Minneapolis, MN 55402 Las Vegas, NV 89145 Telephone: (612) 334-5000 Tel. (702) 382-0711 9|| Email: Jon.Breyer@jutackrock.com Email: jmicheli@maclaw.com Email: Andrew.Shedlock @ kutackrock.com 10 Attorneys for Defendant HOWARD & HOWARD Astred M. Rodriguez ATTORNEYS PLLC L. Christopher Rose, Esq. 12]| Jonathan W. Fountain, Esq. S 3800 Howard Hughes Parkway, Suite 1000 Las Vegas, NV 89169 Tel. (702) 667-4823 Email: lcr@h2law.com = Email: jwf@h2law.com [15] Attorneys for Plaintiff a 16|| Anthony S. Jacobson IT IS SO ORDERED: = 17 [19] □□ wtawehe 20 UNITED STATES MAGISTRATE JUDGE [21] » patep: _ November 23,2021