11 PAUL A. ACKER, ESQ. Nevada Bar No. 3670 22 THOMAS W. MARONEY, ESQ. Nevada Bar No. 13913 33 8925 West Russell Road, Suite 220 Las Vegas, NV 89148 44 Telephone: (702) 997-3800 Facsimile (702) 997-3800 55 packer@rlattonrys.com tmaroney@rlattorneys.com 66 Attorneys for Defendants, 77 Lumbee Land Development, Inc., & Lumbee Tribe Holdings, Inc. 8 8 IN THE UNITED STATES DISTRICT COURT 99 FOR THE DISTRICT OF NEVADA 10 10 11 SAEID SAM KANGARLOU, CASE NO.: 2:18-CV-02286-JAD-BNW 11 12 Plaintiffs, JOINT MOTION TO EXTEND CASE 12 v. STAY 13 13 14 ALTON AL LOCKLEAR; LUMBEE LAND 14 DEVELOPMENT, INC.; LUMBEE TRIBE [THIRD REQUESTED STAY] 15 HOLDINGS, INC. 15 16 Defendants. 16 17 17 PLAINTIFF, SAIED KANGARLOU, Defendant, ALTON “AL” LOCKLEAR 18 18 (“Locklear”) and Defendants, LUMBEE LAND DEVELOPMENT, INC. and LUMBEE TRIBE 19 19 HOLDINGS, INC., by and through their respective counsel, hereby jointly move this Court to 20 20 extend the current discovery stay in this matter. The Parties have stipulated to extend the stay as 21 21 detailed in this Motion. 22 22 Pursuant to LR IA 6-1(b), the Parties aver that this is the third such discovery stay 23 23 requested in this matter. 24 2245 /// 2256 /// 2267 /// 11 MEMORANDUM OF POINTS AND AUTHORITIES 22 I. 33 INTRODUCTION 44 This matter involves claims of personal injury by Saeid Sam Kangarlou (hereinafter 55 “Plaintiff”) from an alleged battery at The Mirage Hotel & Casino on or about December 5, 66 2016. Plaintiff alleges that Alton Locklear attacked him while they were playing at an 77 automated craps machine. Plaintiff alleges he sustained a variety of injuries which required 88 significant treatment. 9 9 On March 5, 2021, this Court entered a Scheduling Order setting a discovery deadline 10 10 for August 17, 2021. On September 10, 2022, this Court entered an Order extending the 11 11 discovery deadlines with discovery closing on February 14, 2022. Since that time, the Parties 12 12 have been diligently conducting discovery. 13 13 On February 4, 2022, Defendants filed a Joint Motion to Enforce Settlement Agreement. 14 14 As a result of the pending settlement, the Parties did not complete discovery. On August 11, 15 15 2022, the Court issued a Report and Recommendations denying the Motion to Enforce. 16 16 Following this ruling, Plaintiff and Defendants both filed Motions requesting that this 17 17 Court stay this matter as Plaintiff underwent brain surgery and was recovering from brain 18 18 surgery. [ECF Nos. 87, 89, 91, and 92]. The Court granted the stay and ordered the Parties to 19 19 follow-up on or before January 5, 2023 to advise whether a third stay would be necessary given 20 20 Plaintiff’s health. [ECF Nos. 91 and 92] The Parties initially believed that discovery could 21 21 resume, but following a meet and confer regarding case status and discovery issues on January 22 9, 2023, the Parties agreed a stay was appropriate as Plaintiff recently learned he would be 22 23 undergoing another operation on February 7, 2023. As such, the Parties file the instant motion 23 24 to inform the Court that Plaintiff is still recovering from his health issues and that he will be 2245 undergoing another surgery, and thus, the stay in this matter should be extended until March 5, 2256 2023. 2267 11 II. 22 STATEMENT OF FACTS 33 1. On or about December 5, 2016, Plaintiff was a guest at The Mirage Hotel and 44 Casino in Las Vegas, Nevada. See Plaintiff’s Amended Complaint [ECF No. 12]. At 55 approximately 7:00 p.m., Plaintiff sat down at an automated craps machine located on the 66 casino floor and began playing. Id. Plaintiff continued to play the craps machine with many 77 other guests for several hours. Id. 88 2. The Amended Complaint alleges that at approximately 11:00 p.m., Alton 99 Locklear, allegedly sat down and began playing craps at the same automated craps machine 11 00 where Plaintiff was playing for several hours. Id. While playing craps, Mr. Locklear allegedly 11 11 consumed multiple alcoholic beverages and became inebriated. Id. After allegedly losing 11 22 hundreds of dollars gambling, Mr. Locklear became aggressive with Plaintiff. Id. Mr. Locklear 13 13 allegedly blamed Plaintiff for his gambling losses. Id. at 4. Then, without warning, Mr. Locklear 14 allegedly punched Plaintiff in the face and knocked him to the ground. Id. Mr. Locklear then 14 15 allegedly jumped onto Plaintiff's back and continued striking Plaintiff in the head until another 15 16 patron stopped Mr. Locklear. Id. 16 17 3. Due to the alleged attack, Plaintiff alleges he sustained injuries “to his face, head, 17 18 hands, knee, back, tooth, ribs, stomach, and chest.” Id. Plaintiff also had complaints of blurred 18 19 vision. Id. Based upon these alleged injuries, emergency medical services transported Plaintiff 19 20 to Sunrise Hospital where he underwent treatment. Id. After doctors released him from the 20 21 hospital, Plaintiff continued to undergo treatment and met with several specialists due to his 21 22 alleged injuries. Id. 22 23 4. At the time of the alleged attack Mr. Locklear was allegedly representing the 23 24 Lumbee Tribe of North Carolina at the 2016 National American Indian Housing Counsel's 2245 annual symposium at The Mirage. Id. at 3. Additionally, Mr. Locklear was also allegedly 2256 representing Lumbee Land Development, Inc. Id. Finally, Lumbee Tribe Holdings, Inc. 2267 11 allegedly sponsored Mr. Locklear's trip. Id. On or about December 22, 2021, Plaintiff contacted 22 Defendant’s counsel indicating that wanted to pursue settlement in this case. 33 5. On March 5, 2021, this Court entered a Scheduling Order setting a discovery 44 deadline for August 17, 2021. [ECF No. 46]. The Court further stayed discovery in this matter 55 until May 4, 2021, due to Plaintiffs refusal to participate in the Rule 26(f) Conference and 66 ordered Plaintiff to file a notice with the Court stating whether he intends to continue 77 prosecuting his claims. Id. at 7. 8 8 6. On September 10, 2022, this Court entered an Order extending the discovery 9 9 deadlines with discovery closing on February 14, 2022. [ECF No. 81]. 10 10 7. On February 4, 2022, Defendants filed a Joint Motion to Enforce Settlement 11 11 Agreement (“Motion To Enforce”). [ECF No. 83]. On August 11, 2022, the Court issued a 12 12 Report and Recommendations denying the Motion to Enforce. [ECF No. 86]. 13 13 8. On August 25, 2022 the Parties filed Motions to Stay this matter as Plaintiff was 14 14 scheduled to undergo brain surgery. [ECF No. 87 and 89] 15 15 9. On September 6, 2022, this Court granted the Parties stay and informed the 16 16 Parties that if additional time was necessary for Plaintiff to recuperate that the Parties should 17 17 submit a request by no later than December 5, 2022. [ECF No. 90] 18 18 10. On October 6, 2022, Plaintiff underwent surgery for removal of a pituitary brain 19 19 tumor and a deviated septum. (See, correspondence from Plaintiff to Defendants dated 20 20 December 1, 2022, a true and correct copy is attached hereto as Exhibit “1”). 21 11. On December 5, 2022, because of additional health issues, Plaintiff requested 21 22 that Defendants agree to stay this matter for an additional thirty (30) days. (Id.). 22 23 12. On December 6, 2022, the Court granted the Parties Joint Motion to Extend Stay. 23 24 [ECF No. 92] 2245 13. On January 3, 2023 and January 4, 2023, the Parties exchanged communications 2256 regarding the stay and possible continuation of discovery. (See, correspondence from Plaintiff to 2267 11 14. To address discovery issues that may arise during the course of the reopened 22 discovery the Parties engaged in a meet and confer on January 9, 2023. (See, correspondence 33 from Plaintiff to Defendants regarding issues addressed during January 9, 2023 meet and 44 confer, a true and correct copy is attached hereto as Exhibit “3”). 55 15.
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11 PAUL A. ACKER, ESQ. Nevada Bar No. 3670 22 THOMAS W. MARONEY, ESQ. Nevada Bar No. 13913 33 8925 West Russell Road, Suite 220 Las Vegas, NV 89148 44 Telephone: (702) 997-3800 Facsimile (702) 997-3800 55 packer@rlattonrys.com tmaroney@rlattorneys.com 66 Attorneys for Defendants, 77 Lumbee Land Development, Inc., & Lumbee Tribe Holdings, Inc. 8 8 IN THE UNITED STATES DISTRICT COURT 99 FOR THE DISTRICT OF NEVADA 10 10 11 SAEID SAM KANGARLOU, CASE NO.: 2:18-CV-02286-JAD-BNW 11 12 Plaintiffs, JOINT MOTION TO EXTEND CASE 12 v. STAY 13 13 14 ALTON AL LOCKLEAR; LUMBEE LAND 14 DEVELOPMENT, INC.; LUMBEE TRIBE [THIRD REQUESTED STAY] 15 HOLDINGS, INC. 15 16 Defendants. 16 17 17 PLAINTIFF, SAIED KANGARLOU, Defendant, ALTON “AL” LOCKLEAR 18 18 (“Locklear”) and Defendants, LUMBEE LAND DEVELOPMENT, INC. and LUMBEE TRIBE 19 19 HOLDINGS, INC., by and through their respective counsel, hereby jointly move this Court to 20 20 extend the current discovery stay in this matter. The Parties have stipulated to extend the stay as 21 21 detailed in this Motion. 22 22 Pursuant to LR IA 6-1(b), the Parties aver that this is the third such discovery stay 23 23 requested in this matter. 24 2245 /// 2256 /// 2267 /// 11 MEMORANDUM OF POINTS AND AUTHORITIES 22 I. 33 INTRODUCTION 44 This matter involves claims of personal injury by Saeid Sam Kangarlou (hereinafter 55 “Plaintiff”) from an alleged battery at The Mirage Hotel & Casino on or about December 5, 66 2016. Plaintiff alleges that Alton Locklear attacked him while they were playing at an 77 automated craps machine. Plaintiff alleges he sustained a variety of injuries which required 88 significant treatment. 9 9 On March 5, 2021, this Court entered a Scheduling Order setting a discovery deadline 10 10 for August 17, 2021. On September 10, 2022, this Court entered an Order extending the 11 11 discovery deadlines with discovery closing on February 14, 2022. Since that time, the Parties 12 12 have been diligently conducting discovery. 13 13 On February 4, 2022, Defendants filed a Joint Motion to Enforce Settlement Agreement. 14 14 As a result of the pending settlement, the Parties did not complete discovery. On August 11, 15 15 2022, the Court issued a Report and Recommendations denying the Motion to Enforce. 16 16 Following this ruling, Plaintiff and Defendants both filed Motions requesting that this 17 17 Court stay this matter as Plaintiff underwent brain surgery and was recovering from brain 18 18 surgery. [ECF Nos. 87, 89, 91, and 92]. The Court granted the stay and ordered the Parties to 19 19 follow-up on or before January 5, 2023 to advise whether a third stay would be necessary given 20 20 Plaintiff’s health. [ECF Nos. 91 and 92] The Parties initially believed that discovery could 21 21 resume, but following a meet and confer regarding case status and discovery issues on January 22 9, 2023, the Parties agreed a stay was appropriate as Plaintiff recently learned he would be 22 23 undergoing another operation on February 7, 2023. As such, the Parties file the instant motion 23 24 to inform the Court that Plaintiff is still recovering from his health issues and that he will be 2245 undergoing another surgery, and thus, the stay in this matter should be extended until March 5, 2256 2023. 2267 11 II. 22 STATEMENT OF FACTS 33 1. On or about December 5, 2016, Plaintiff was a guest at The Mirage Hotel and 44 Casino in Las Vegas, Nevada. See Plaintiff’s Amended Complaint [ECF No. 12]. At 55 approximately 7:00 p.m., Plaintiff sat down at an automated craps machine located on the 66 casino floor and began playing. Id. Plaintiff continued to play the craps machine with many 77 other guests for several hours. Id. 88 2. The Amended Complaint alleges that at approximately 11:00 p.m., Alton 99 Locklear, allegedly sat down and began playing craps at the same automated craps machine 11 00 where Plaintiff was playing for several hours. Id. While playing craps, Mr. Locklear allegedly 11 11 consumed multiple alcoholic beverages and became inebriated. Id. After allegedly losing 11 22 hundreds of dollars gambling, Mr. Locklear became aggressive with Plaintiff. Id. Mr. Locklear 13 13 allegedly blamed Plaintiff for his gambling losses. Id. at 4. Then, without warning, Mr. Locklear 14 allegedly punched Plaintiff in the face and knocked him to the ground. Id. Mr. Locklear then 14 15 allegedly jumped onto Plaintiff's back and continued striking Plaintiff in the head until another 15 16 patron stopped Mr. Locklear. Id. 16 17 3. Due to the alleged attack, Plaintiff alleges he sustained injuries “to his face, head, 17 18 hands, knee, back, tooth, ribs, stomach, and chest.” Id. Plaintiff also had complaints of blurred 18 19 vision. Id. Based upon these alleged injuries, emergency medical services transported Plaintiff 19 20 to Sunrise Hospital where he underwent treatment. Id. After doctors released him from the 20 21 hospital, Plaintiff continued to undergo treatment and met with several specialists due to his 21 22 alleged injuries. Id. 22 23 4. At the time of the alleged attack Mr. Locklear was allegedly representing the 23 24 Lumbee Tribe of North Carolina at the 2016 National American Indian Housing Counsel's 2245 annual symposium at The Mirage. Id. at 3. Additionally, Mr. Locklear was also allegedly 2256 representing Lumbee Land Development, Inc. Id. Finally, Lumbee Tribe Holdings, Inc. 2267 11 allegedly sponsored Mr. Locklear's trip. Id. On or about December 22, 2021, Plaintiff contacted 22 Defendant’s counsel indicating that wanted to pursue settlement in this case. 33 5. On March 5, 2021, this Court entered a Scheduling Order setting a discovery 44 deadline for August 17, 2021. [ECF No. 46]. The Court further stayed discovery in this matter 55 until May 4, 2021, due to Plaintiffs refusal to participate in the Rule 26(f) Conference and 66 ordered Plaintiff to file a notice with the Court stating whether he intends to continue 77 prosecuting his claims. Id. at 7. 8 8 6. On September 10, 2022, this Court entered an Order extending the discovery 9 9 deadlines with discovery closing on February 14, 2022. [ECF No. 81]. 10 10 7. On February 4, 2022, Defendants filed a Joint Motion to Enforce Settlement 11 11 Agreement (“Motion To Enforce”). [ECF No. 83]. On August 11, 2022, the Court issued a 12 12 Report and Recommendations denying the Motion to Enforce. [ECF No. 86]. 13 13 8. On August 25, 2022 the Parties filed Motions to Stay this matter as Plaintiff was 14 14 scheduled to undergo brain surgery. [ECF No. 87 and 89] 15 15 9. On September 6, 2022, this Court granted the Parties stay and informed the 16 16 Parties that if additional time was necessary for Plaintiff to recuperate that the Parties should 17 17 submit a request by no later than December 5, 2022. [ECF No. 90] 18 18 10. On October 6, 2022, Plaintiff underwent surgery for removal of a pituitary brain 19 19 tumor and a deviated septum. (See, correspondence from Plaintiff to Defendants dated 20 20 December 1, 2022, a true and correct copy is attached hereto as Exhibit “1”). 21 11. On December 5, 2022, because of additional health issues, Plaintiff requested 21 22 that Defendants agree to stay this matter for an additional thirty (30) days. (Id.). 22 23 12. On December 6, 2022, the Court granted the Parties Joint Motion to Extend Stay. 23 24 [ECF No. 92] 2245 13. On January 3, 2023 and January 4, 2023, the Parties exchanged communications 2256 regarding the stay and possible continuation of discovery. (See, correspondence from Plaintiff to 2267 11 14. To address discovery issues that may arise during the course of the reopened 22 discovery the Parties engaged in a meet and confer on January 9, 2023. (See, correspondence 33 from Plaintiff to Defendants regarding issues addressed during January 9, 2023 meet and 44 confer, a true and correct copy is attached hereto as Exhibit “3”). 55 15. During this meet and confer, Plaintiff informed Defendants that he would be 66 undergoing a hernia surgery on February 7, 2023. Plaintiff learned that he would be undergoing 77 this surgery on or about January 6, 2023. Plaintiff expected his recovery to last a few days, but 88 there was some uncertainty in this regard. (Id.). 99 16. Based upon Plaintiff’s current health concerns and the upcoming surgery, the 11 00 Parties agreed to continue the stay for this matter. Defendants believed sixty (60) days would be 11 11 appropriate given Plaintiff’s health issues. Plaintiff was unwilling to stipulate to a specific 12 number of days as he did not want this Court to believe he was prolonging this litigation, but 12 13 agreed that a stay was appropriate. (Id.). 13 14 14 15 III. 15 16 16 MOTION TO EXTEND STAY 17 “A district court has discretionary power to stay proceedings in its own court under 17 18 Landis v. North American Co., 299 U.S. 248, 254 (1936).” Lockyer v. Mirant Corp., 398 F.3d 18 19 1098, 1109 (9th Cir. 2005). In deciding whether to grant a stay, the Ninth Circuit weighs “the 19 20 competing interests which will be affected[.]” Id. (quoting CMAX, Inc. v. Hall, 300 F.2d 265, 20 21 268 (9th Cir. 1962)). These factors include: (1) “the possible damage which may result from the 21 22 granting of a stay”; (2) “the hardship or inequity which a party may suffer in being required to go 22 23 forward”; and (3) “the orderly course of justice measured in terms of the simplifying or 23 24 complicating of issues, proof, and questions of law which could be expected to result from a 2245 stay.” Id. 2256 Damage would not result from this stay. This Court previously granted the stay for this 2267 matter as Plaintiff was scheduled to undergo brain surgery. Plaintiff in fact underwent two 11 surgeries on October 6, 2022 and has since been recovering. Following these surgeries, in early 22 December 2022, the Court granted a second stay until January 5, 2023 as Plaintiff was still 33 recovering from his surgeries. As such, no Parties would be damaged by continuing the stay. 44 Plaintiff would face hardship if the stay were not extended. Plaintiff is still recovering 55 from his October 2022 surgeries. Additionally, Plaintiff is scheduled to undergo another surgery 66 related to a hernia on February 7, 2023. Thus, Defendants and Plaintiff will experience hardship 77 if the Court denies the requested stay and is forced to litigate this matter through his health 88 issues. Additionally, there are concerns that Plaintiff’s health may be compromised if he is 99 forced to participate in litigation whilst recovering from his hernia surgery. This forced 11 00 participation would also certainly prejudice Plaintiff and his abilities to prosecute his claims. 11 11 The stay would promote an orderly course of justice. As I am sure this Court is aware, 12 Plaintiff is representing himself in this matter. To promote justice, Plaintiff needs to be healthy 12 13 and capable of participating in litigation. By granting the requested stay, this Court would be 13 14 promoting justice by providing Plaintiff with ample time to heal so that he may effectively 14 15 represent himself. 15 16 /// 16 17 /// 17 18 /// 18 19 /// 19 20 /// 20 21 /// 21 22 /// 22 23 /// 23 24 /// 2245 /// 2256 /// 2267 /// 1 IV. 2 CONCLUSION 3 Based upon the foregoing points and authorities, the Parties respectfully request that th 4 || Court stay discovery for an additional thirty (60) days until March 5, 2023. 5 IT IS SO STIPULATED. 6 || DATED this 10® day of January, 2023. DATED this 11" day of January, 2023. 7 || ALBRIGHT, STODDARD, WARNICK & RESNICK & LOUIS, P.C. 8 || ALBRIGHT 9 || /s/ Daniel Ormsby /s/ Paul A. Acker 10 11 || G. MARK ALBRIGHT, ESQ. PAUL A. ACKER, ESQ. Nevada Bar No. 001394 Nevada Bar No. 3670 12 || JORGE L. ALVAREZ, ESQ. THOMAS MARONEY, ESQ. 1 Nevada Bar No. 014466 Nevada Bar No. 13913 3 DANIEL R. ORMSBY, ESQ. packer @rlattorneys.com 14 || Nevada Bar No. 014595 tmaroney @rlattorneys.com 801 South Rancho Drive, Suite D-4 8925 West Russell Road, Suite 220 15 || Las Vegas, Nevada 89106 Las Vegas, NV 89148 T: (702) 384-7111 / F: (702) 384-0605 T: (702) 997-3800 / F: (702) 997-3800 16 gma @albrightstoddard.com Attorneys for Defendants, 7 jalvarez @ albrightstoddard.com Lumbee Land Development, Inc., & Lumbee dormsby @albrightstoddard.com Tribe Holdings, Inc. 18 || Attorneys for Defendant, Alton Locklear 19 20 DATED this 10" day of January 2023. 21 /s/ Saeid Kangarlou 22 23 || PLAINTIFF, SAIED KANGARLOU 24 ORDER 25 || |T IS ORDERED that ECF No. 93 is GRANTED. 26 || IT IS FURTHER ORDERED that the parties' Discovery Plan and Scheduling Order is due on March 24, 2023. 28 DATED: 4:11 pm, January 12, 2023 BR. tee be
From: Daniel Ormsby To: Thomas Maroney; Saeid Kangarlou; Shyanne Jackson; Mark Albright Ce: Paul Acker Subject: RE: Kangarlou v. Locklear et al.- Scheduling Order Date: Tuesday, January 10, 2023 3:27:59 PM Attachments: image002.pnq image004.pnq | have no objections or revisions to this proposed joint motion. Daniel R. Ormsby, Esq. Albright Stoddard Warnick & Albright Phone (702) 384-7111 / Fax (702) 384-0605
From: Thomas Maroney Sent: Tuesday, January 10, 2023 2:38 PM To: Saeid Kangarlou ; Shyanne Jackson ; Daniel Ormsby ; Mark Albright Cc: Paul Acker Subject: RE: Kangarlou v. Locklear et al.- Scheduling Order
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good afternoon all: Please find attached the proposed Joint Motion to Continue the Discovery Stay in this matter. Please let me know if you have any comments, concerns, or proposed revisions. If there are no issues, please advise whether we have permission to affix your e-signature and submit to the Court. Thank you for your attention to this matter.
From: Saeid Kangarlou Sent: Tuesday, January 10, 2023 10:05 AM To: Thomas Maroney ; Shyanne Jackson ; Daniel Ormsby ; Mark Albright Ce: Paul Acker Subject: Re: Kangarlou v. Locklear et al.- Scheduling Order Please see attachment Saeid Kangarlou From: Thomas Maroney Sent: Monday, January 9, 2023 9:57 AM To: Saeid Kangarlou ; Shyanne Jackson ;
From: Saeid Kangarlou To: Thomas Maroney; Shyanne Jackson; Daniel Ormsby; Mark Albright Ce: Paul Acker Subject: Re: Kangarlou v. Locklear et al.- Scheduling Order Date: Tuesday, January 10, 2023 5:58:20 PM Attachments: image001.png image002.pnq | have no issues with this extension Motion. You can use my signature electronically for the purpose of this stipulation on this Motion.
Saeid Kangarlou Plaintiff in Proper Person From: Thomas Maroney Sent: Tuesday, January 10, 2023 2:37 PM To: Saeid Kangarlou ; Shyanne Jackson ; Daniel Ormsby ; Mark Albright Cc: Paul Acker Subject: RE: Kangarlou v. Locklear et al.- Scheduling Order Good afternoon all: Please find attached the proposed Joint Motion to Continue the Discovery Stay in this matter. Please let me know if you have any comments, concerns, or proposed revisions. If there are no issues, please advise whether we have permission to affix your e-signature and submit to the Court. Thank you for your attention to this matter.
From: Saeid Kangarlou Sent: Tuesday, January 10, 2023 10:05 AM To: Thomas Maroney ; Shyanne Jackson ; Daniel Ormsby ; Mark Albright Cc: Paul Acker Subject: Re: Kangarlou v. Locklear et al.- Scheduling Order Please see attachment Saeid Kangarlou From: Thomas Maroney Sent: Monday, January 9, 2023 9:57 AM To: Saeid Kangarlou ; Shyanne Jackson ; Daniel Ormsby ; Mark Albright Ce: Paul Acker Subject: RE: Kangarlou v. Locklear et al.- Scheduling Order