1 || JODIDONETTA LOWRY, ESQ. Nevada Bar No. 7798 2 || jlowry@gibsonlexbury.com 3 Gibson Lexbury LLP 3470 East Russell Road, Second Floor 4 Las Vegas, Nevada 89120 Telephone 702.541.7888 5 Facsimile 702.541.7899 6 || Attorney for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 GIBSON LEXBURY LLP, a Nevada limited- Case No.: 2:23-cv-00560-GMN -DJA 10 | liability partnership; (PROPOSED) JOINT DISCOVERY 1] Plaintifé PLAN AND SCHEDULING ORDER 12 v. SPECIAL SCHEDULING REVIEW REQUESTED s 2 13 || KIMBERLY MOFFATT JONES, an individual; 150 NEWPORT CENTER | DRIVE, LLC, a California limited liability 15 || company; NBOC, LLC, a California limited liability company, 16 aos Defendants. E48 17 * 2 18 19 Plaintiff Gibson Lexbury LLP (‘Plaintiff’ or “GL”’) by and through its counsel, Gibson 20 || Lexbury LLP, and Defendants Kimberly Moffatt Jones (Ms. Jones”) 150 Newport Center Drive 21 || LLC (“150 NCD”) and NBOC, LLC (“NBOC”; together with Plaintiff, the “Parties”) by and 22 || through their counsel, Maier Gutierrez & Associates, hereby submit the following Proposed 23 || Discovery Plan and Scheduling Order. 24 25 26 27 28
1 I. FED.R.CIV.P. 26(F) CONFERENCE 2 On May 12, 2023 at 9:30 a.m. the following individuals participated in a conference call 3 to discuss all issues addressed in Fed.R.Civ.P. 26(f): 4 Counsel for Plaintiff: 5 Steven A. Gibson, Esq. and Jodi Donetta Lowry, Esq., Gibson Lexbury LLP. 6 Counsel for Defendants: 7 Jean Paul Hendricks, Esq. of Maier Gutierrez & Associates. 8 II. DISCOVERY PLAN 9 The following discovery plan is submitted by Plaintiff and Defendant: 10 1. Fed.R.Civ.P. 26(a) Changes: 11 Pursuant to Fed.R.Civ.P. 26(a)(1)(C), the Parties should have up to and including Friday, 12 May 26, 2023 to exchange initial disclosures. Fed.R.Civ.P. 26(a)(1)(C) obligations have 13 not been suspended. 14 2. Fed.R.Civ.P. 26(f)(A-B) Scope and Timing of Discovery: Discovery should 15 extend to the full extent allowed by the Federal Rules of Civil Procedure and should not 16 be limited to any particular issues. 17 The Parties agree on the discovery cut-off date and propose the following timetables for 18 same: 19 a. Discovery Cut-Off Date: 20 The proposed cut-off date for discovery shall be Tuesday, October 17, 21 2023, 180 days after Defendants’ first appearance on April 20, 2023.1 22 23 24 1 Defendants note that they have filed a motion to stay discovery [ECF No. 20] during the 25 pendency of their potentially dispositive motion to dismiss for lack of personal jurisdiction [ECF No. 11]. Defendants acknowledge that the Federal Rules of Civil Procedure do not provide for 26 automatic or blanket stays of discovery when a potentially dispositive motion is pending. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 600 (D. Nev. 2011). As such, defendant will 27 participate in discovery in good faith and agrees to the deadlines outlined in this proposed discovery plan and scheduling order unless and until the motion to stay discovery is granted. 28 1 b. Amending the Pleadings and Adding Parties: All motions to amend the 2 pleadings or to add parties shall be filed not later than Wednesday, July 3 19, 2023, 90 days prior to the scheduled close of discovery. 4 c. Fed.R.Civ.P. 26(a)(2) Disclosures (Experts): Disclosures concerning 5 experts shall be made by Friday August 18, 2023, approximately 60 days 6 prior to the discovery cut-off date. Disclosures concerning rebuttal 7 experts shall be made by Monday September 18, 2023, approximately 30 8 days after the initial disclosure of experts.2 9 d. Dispositive Motions: The date for filing dispositive motions shall be filed 10 no later than Thursday, November 16, 2023, 30 days after the discovery 11 cut-off date. In the event that the discovery period is extended from the 12 discovery cut-off date set forth in this proposed discovery plan and 13 scheduling order, the date for filing dispositive motions shall be extended 14 to be not later than thirty (30) days from the subsequent discovery cut-off 15 date. 16 e. Pretrial Order: The date for filing the joint pretrial order shall be no later 17 than Monday December 18, 2023, approximately 30 days after the cut-off 18 date for filing dispositive motions.3 In the event that the discovery period 19 is extended from the discovery cut-off date set forth in this Discovery 20 Plan, the date for filing the joint pretrial order shall be extended in 21 accordance with the time periods set forth in this paragraph. 22 f. Fed.R.Civ.P. 26(f)(3)(C) Pretrial Disclosures and Objections: To be 23 included in the joint pretrial order. 24 25 26 2 30 days after Friday, August 18, 2023 is a Sunday. 27 3 30 days after Thursday, November 16, 2023 is a Saturday. 28 1 g. Extensions or Modifications of the Amended Discovery Plan and 2 Scheduling order: shall govern modifications or extensions of 3 this Joint Discovery Plan and Scheduling Order. 4 h. Interim Status Report: FheParties-shalt-le-an interim status-reportire 5 later-than Friday, August 18,2023 approximately 60 days -priet-te-the 6 elese-of discovery: 7 3. Fed.R.Civ.P. 26(f)(3)(C) Electronically Stored Information: The Parties have 8 begun a meet-and-confer process regarding an acceptable protocol for discovery 9 of ESI and upon agreement will submit a stipulation and proposed order regarding 10 ESI protocol for the Court’s review and approval. 11 4, Fed.R.Civ.P. 26(f)(3)(D) Claims of Privilege or Protection as Trial 12 Preparation Material: The Parties reached no agreements on this issue at this 2 13 time. = 14 5. Fed.R.Civ.P. 26(f)(3)(E) Changes to Limitations on Discovery Imposed 15 Under the Fed.R.Civ.P or by Local Rules: 3 16 None.
4 17 6. Fed.R.Civ.P. 26(f)(3)(F) Orders the Court Should Issue Under Fed.R.Civ.P 18 26(c) or Fed.R.Civ.P 16(b) and (c): The Parties have begun a meet-and-confer 19 process regarding a potential protective order for sensitive personal and business 20 information. 21 The Parties met and conferred regarding the possibility of using alternative dispute- 22 || resolution processes including mediation, arbitration, and/or early neutral evaluation, and hereby 23 || certify that they considered and rejected consent to trial by a magistrate judge under 28 U.S.C. § 24 || 636(c) and Fed. R. Civ. P. 73 and the use of the Short Trial Program per General Order 2013-01. 25 Plaintiff made a jury demand in state court on March 31, 2023 prior to this action’s 26 || removal and hereby ratify that demand in this Court. (ECF No. 7, Exhibit A-4).
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1 || JODIDONETTA LOWRY, ESQ. Nevada Bar No. 7798 2 || jlowry@gibsonlexbury.com 3 Gibson Lexbury LLP 3470 East Russell Road, Second Floor 4 Las Vegas, Nevada 89120 Telephone 702.541.7888 5 Facsimile 702.541.7899 6 || Attorney for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 GIBSON LEXBURY LLP, a Nevada limited- Case No.: 2:23-cv-00560-GMN -DJA 10 | liability partnership; (PROPOSED) JOINT DISCOVERY 1] Plaintifé PLAN AND SCHEDULING ORDER 12 v. SPECIAL SCHEDULING REVIEW REQUESTED s 2 13 || KIMBERLY MOFFATT JONES, an individual; 150 NEWPORT CENTER | DRIVE, LLC, a California limited liability 15 || company; NBOC, LLC, a California limited liability company, 16 aos Defendants. E48 17 * 2 18 19 Plaintiff Gibson Lexbury LLP (‘Plaintiff’ or “GL”’) by and through its counsel, Gibson 20 || Lexbury LLP, and Defendants Kimberly Moffatt Jones (Ms. Jones”) 150 Newport Center Drive 21 || LLC (“150 NCD”) and NBOC, LLC (“NBOC”; together with Plaintiff, the “Parties”) by and 22 || through their counsel, Maier Gutierrez & Associates, hereby submit the following Proposed 23 || Discovery Plan and Scheduling Order. 24 25 26 27 28
1 I. FED.R.CIV.P. 26(F) CONFERENCE 2 On May 12, 2023 at 9:30 a.m. the following individuals participated in a conference call 3 to discuss all issues addressed in Fed.R.Civ.P. 26(f): 4 Counsel for Plaintiff: 5 Steven A. Gibson, Esq. and Jodi Donetta Lowry, Esq., Gibson Lexbury LLP. 6 Counsel for Defendants: 7 Jean Paul Hendricks, Esq. of Maier Gutierrez & Associates. 8 II. DISCOVERY PLAN 9 The following discovery plan is submitted by Plaintiff and Defendant: 10 1. Fed.R.Civ.P. 26(a) Changes: 11 Pursuant to Fed.R.Civ.P. 26(a)(1)(C), the Parties should have up to and including Friday, 12 May 26, 2023 to exchange initial disclosures. Fed.R.Civ.P. 26(a)(1)(C) obligations have 13 not been suspended. 14 2. Fed.R.Civ.P. 26(f)(A-B) Scope and Timing of Discovery: Discovery should 15 extend to the full extent allowed by the Federal Rules of Civil Procedure and should not 16 be limited to any particular issues. 17 The Parties agree on the discovery cut-off date and propose the following timetables for 18 same: 19 a. Discovery Cut-Off Date: 20 The proposed cut-off date for discovery shall be Tuesday, October 17, 21 2023, 180 days after Defendants’ first appearance on April 20, 2023.1 22 23 24 1 Defendants note that they have filed a motion to stay discovery [ECF No. 20] during the 25 pendency of their potentially dispositive motion to dismiss for lack of personal jurisdiction [ECF No. 11]. Defendants acknowledge that the Federal Rules of Civil Procedure do not provide for 26 automatic or blanket stays of discovery when a potentially dispositive motion is pending. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 600 (D. Nev. 2011). As such, defendant will 27 participate in discovery in good faith and agrees to the deadlines outlined in this proposed discovery plan and scheduling order unless and until the motion to stay discovery is granted. 28 1 b. Amending the Pleadings and Adding Parties: All motions to amend the 2 pleadings or to add parties shall be filed not later than Wednesday, July 3 19, 2023, 90 days prior to the scheduled close of discovery. 4 c. Fed.R.Civ.P. 26(a)(2) Disclosures (Experts): Disclosures concerning 5 experts shall be made by Friday August 18, 2023, approximately 60 days 6 prior to the discovery cut-off date. Disclosures concerning rebuttal 7 experts shall be made by Monday September 18, 2023, approximately 30 8 days after the initial disclosure of experts.2 9 d. Dispositive Motions: The date for filing dispositive motions shall be filed 10 no later than Thursday, November 16, 2023, 30 days after the discovery 11 cut-off date. In the event that the discovery period is extended from the 12 discovery cut-off date set forth in this proposed discovery plan and 13 scheduling order, the date for filing dispositive motions shall be extended 14 to be not later than thirty (30) days from the subsequent discovery cut-off 15 date. 16 e. Pretrial Order: The date for filing the joint pretrial order shall be no later 17 than Monday December 18, 2023, approximately 30 days after the cut-off 18 date for filing dispositive motions.3 In the event that the discovery period 19 is extended from the discovery cut-off date set forth in this Discovery 20 Plan, the date for filing the joint pretrial order shall be extended in 21 accordance with the time periods set forth in this paragraph. 22 f. Fed.R.Civ.P. 26(f)(3)(C) Pretrial Disclosures and Objections: To be 23 included in the joint pretrial order. 24 25 26 2 30 days after Friday, August 18, 2023 is a Sunday. 27 3 30 days after Thursday, November 16, 2023 is a Saturday. 28 1 g. Extensions or Modifications of the Amended Discovery Plan and 2 Scheduling order: shall govern modifications or extensions of 3 this Joint Discovery Plan and Scheduling Order. 4 h. Interim Status Report: FheParties-shalt-le-an interim status-reportire 5 later-than Friday, August 18,2023 approximately 60 days -priet-te-the 6 elese-of discovery: 7 3. Fed.R.Civ.P. 26(f)(3)(C) Electronically Stored Information: The Parties have 8 begun a meet-and-confer process regarding an acceptable protocol for discovery 9 of ESI and upon agreement will submit a stipulation and proposed order regarding 10 ESI protocol for the Court’s review and approval. 11 4, Fed.R.Civ.P. 26(f)(3)(D) Claims of Privilege or Protection as Trial 12 Preparation Material: The Parties reached no agreements on this issue at this 2 13 time. = 14 5. Fed.R.Civ.P. 26(f)(3)(E) Changes to Limitations on Discovery Imposed 15 Under the Fed.R.Civ.P or by Local Rules: 3 16 None.
4 17 6. Fed.R.Civ.P. 26(f)(3)(F) Orders the Court Should Issue Under Fed.R.Civ.P 18 26(c) or Fed.R.Civ.P 16(b) and (c): The Parties have begun a meet-and-confer 19 process regarding a potential protective order for sensitive personal and business 20 information. 21 The Parties met and conferred regarding the possibility of using alternative dispute- 22 || resolution processes including mediation, arbitration, and/or early neutral evaluation, and hereby 23 || certify that they considered and rejected consent to trial by a magistrate judge under 28 U.S.C. § 24 || 636(c) and Fed. R. Civ. P. 73 and the use of the Short Trial Program per General Order 2013-01. 25 Plaintiff made a jury demand in state court on March 31, 2023 prior to this action’s 26 || removal and hereby ratify that demand in this Court. (ECF No. 7, Exhibit A-4). The Parties 27 || deferred to the time of filing of the Pretrial Order any discussion of presentation of evidence in 28 || electronic format to jurors for the purposes of jury deliberations.
1 |} I. LATER-APPEARING PARTIES 2 A copy of this Discovery Plan shall be served on any person who is hereafter added as a 3 || party to this action within five days of that later-appearing party’s first appearance. This 4 || Discovery Plan shall apply to such later-appearing Party or Parties, unless: (1) a stipulation of th 5 || Parties is approved by this Court, or (2) this Court, on motion for good cause shown, orders 6 || otherwise. 7 Respectfully submitted this 26th day of May, 2023. 8 9 || GIBSON LEXBURY LLP MAIER GUTIERREZ & ASSOCIATES 10 /s/ J.D. Lowry /s/ Jean Paul Hendricks 11 JODI DONETTA LOWRY, ESQ. JASON R. MAIER, ESQ. Nevada Bar No. 7798 Nevada Bar No. 8557 12 || jlowry@gibsonlexbury.com jrm@mgalaw.com 3470 East Russell Road, Second Floor JEAN PAUL HENDRICKS, ESQ. 3 € 13 | Las Vegas, Nevada 89120 Nevada Bar No. 10079 (702) 541-7888 Telephone iph@mgalaw.com 14 | (702) 541-7899 Facsimile 8816 Spanish Ridge Avenue Attorneys for Plaintiff Las Vegas, Nevada 89148 é 15 Attorneys for Defendants gk 16 || ITIS SO ORDERED that the parties' Joint Discovery Plan and Scheduling Order is granted in part and denied in part. The plan includes an interim status report deadline. The Local 17 || Rules as amended on 4/17/2020 eliminated former Local Rule 26-3's requirement for Interim xs 18 Status Reports. The Court will not approve an interim status report deadline as no such = deadline exists under the amended Local Rules. ) UNITED STATES MAGISTRATE JUDGE 9 DATE: 5/30/2023
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