Zacarias v. Experian Information Solutions, Inc. et al, No. 2:2023cv01621 - Document 25 (D. Nev. 2024)

Court Description: ORDER granting 24 Discovery Plan and Scheduling Order. Discovery due by 8/16/2024. Motions due by 9/16/2024. Proposed Joint Pretrial Order due by 10/16/2024. Signed by Magistrate Judge Daniel J. Albregts on 4/29/2024. (Copies have been distributed pursuant to the NEF - CAH)

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Zacarias v. Experian Information Solutions, Inc. et al Doc. 25 Case 2:23-cv-01621-JAD-DJA Document 24 Filed 04/26/24 Page 1 of 6 1 Yitzchak Zelman, Esq. 2 Admitted Pro Hac Vice MARCUS & ZELMAN, LLC 3 701 Cookman Avenue, Suite 300 4 Asbury Park, New Jersey 07712 Phone: (845) 367-7146 5 FAX: (732) 298-6256 6 Email: yzelman@marcuszelman.com Attorneys for Plaintiff 7 April Zacarias 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 APRIL ZACARIAS, Case No.: 2:23-cv-01621-JAD-DJA 12 DISCOVERY PLAN AND PROPOSED SCHEDULING ORDER Plaintiff, 13 vs. 14 15 EXPERIAN INFORMATION SOLUTIONS, INC., EQUIFAX 16 INFORMATION SERVICES, LLC, and 17 ALLIED COLLECTION SERVICES, INC., 18 Defendants. 19 SPECIAL SCHEDULING REVIEW REQUESTED 20 SUBMITTED IN COMPLIANCE WITH LR 26-1(b) 21 22 23 24 Plaintiff APRIL ZACARIAS and Defendants EXPERIAN INFORMATION SOLUTIONS, INC. and EQUIFAX INFORMATION SERVICES, LLC1, by and 25 26 1 Plaintiff has accepted the Offer of Judgment served by Defendant Allied Collection 27 Services, Inc., who has therefore not joined in the submission of this instant Discovery 28 Plan and Scheduling Order. Dockets.Justia.com Case 2:23-cv-01621-JAD-DJA Document 24 Filed 04/26/24 Page 2 of 6 1 through their counsel of record, hereby submit their stipulated Discovery Plan and 2 Scheduling Order pursuant to Federal Rule of Civil Procedure 16 and 26, as well as LR 3 4 16-1 and 26-1. 5 6 7 It is hereby requested that the Court enter the following discovery plan and scheduling order: 1. Discovery Plan2: 8 9 10 11 Discovery Cut-Off 08/16/2024 (270 days from the date Defendant filed its Answer) Deadline to Amend Pleadings 05/17/2024 (90 days prior to the close of discovery) Deadline to Disclose Initial Expert Disclosures 06/17/2024 (60 days prior to the close of discovery) 12 13 14 15 Deadline to Disclose Rebuttal Expert 07/17/2024 (30 days after Disclosures the Initial Disclosure of Experts) 16 17 Deadline to File Dispositive Motions 09/16/2024 (30 days after the close of discovery) 18 19 3. Pre-Trial Order: The parties shall file a joint pretrial order no later than 20 21 10/16/2024 or thirty (30) days after the date set for filing dispositive motions. In the 22 event that parties file dispositive motions, the date for filing the joint pretrial order 23 24 25 2 The parties inadvertently never filed their proposed Discovery Plan and Scheduling Order back in January, so they never commenced discovery, making some of these 27 deadlines outdated. The parties therefore jointly seek a short extension of the deadlines 28 set forth in the Local Rules. 2 26 Case 2:23-cv-01621-JAD-DJA Document 24 Filed 04/26/24 Page 3 of 6 1 shall be suspended until thirty (30) days after decision on the dispositive motions or 2 further order of the Court. 3 4 4. Extensions or Modifications of the Discovery Plan and Scheduling 5 6 Order: Applications to extend any date set by the discovery plan, scheduling order, 7 or other order must comply with the Local Rules. 8 9 5. Initial Disclosures: The parties shall make initial disclosures on or before 10 05/06/2024. Any party seeking damages shall comply Federal Rules of Civil Procedure 11 26(a)(1)(A)(iii). 12 13 14 6. Protective Order: The parties may seek to enter a stipulated protective order pursuant to Rule 26(c) prior to producing any confidential documents. 15 16 7. Electronic Service: The parties agree that pursuant to Rules 5(b)(2)(E) and 17 6(d) of the Federal Rules of Civil Procedure any pleadings or other papers may be 18 served by sending such documents by email. 19 8. Alternative Dispute Resolution Certification: The parties certify that they 20 21 met and conferred about the possibility of using alternative dispute-resolution 22 processes including mediation, arbitration, early neutral evaluation. The parties have 23 24 not reached any stipulations at this stage. 25 9. Alternative Forms of Case Disposition Certification: The parties certify 26 27 that they considered consent to trial by a magistrate judge under 28 U.S.C. § 636(c) 28 3 Case 2:23-cv-01621-JAD-DJA Document 24 Filed 04/26/24 Page 4 of 6 1 and Fed. R. Civ. P. 73 and the use of the Short Trial Program (General Order 20132 01). The parties have not reached any stipulations at this stage. 3 4 10. Electronically Stored Evidence. 5 6 The parties have discussed the retention and production of electronic data. The 7 8 parties agree that service of discovery by electronic means, including sending original 9 electronic files by email or on a CD is sufficient. The parties reserve the right to revisit 10 this issue if a dispute or need arises. 11 12 11. Electronic Evidence Conference Certification: The parties further intend 13 to present evidence in electronic format to jurors for the purposes of jury deliberations 14 at trial. The parties discussed the presentation of evidence for juror deliberations but 15 16 did not reach any stipulations as to the method at this early stage. 17 18 Dated April 2, 2024 19 20 21 22 23 24 25 /s/Yitzchak Zelman, Esq. Yitzchak Zelman, Esq. MARCUS & ZELMAN, LLC 701 Cookman Avenue, Suite 300 Asbury Park, New Jersey 07712 (845) 367-7146 yzelman@marcuszelman.com PRO HAC VICE Attorney for Plaintiff /s/ Jennifer L. Braster Jennifer L. Braster, Esq. NAYLOR & BRASTER 10100 W. Charleston Blvd., Suite 120 Las Vegas, NV 89135 (702) 420-7000 jbraster@naylorandbrasterlaw.com Attorney for Defendant Experian Information Solutions, Inc. 26 27 /s/ Gia Marina Gia Marina, Esq. 28 4 Case 2:23-cv-01621-JAD-DJA Document 24 Filed 04/26/24 Page 5 of 6 1 CLARK HILL PLC 1700 South Pavilion Center Dr, Ste 500 Las Vegas, NV 89135 (702) 862-8300 gmarina@clarkhill.com Attorney for Defendant Equifax Information Services, LLC 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Case 2:23-cv-01621-JAD-DJA Document 24 Filed 04/26/24 Page 6 of 6 1 2 3 SCHEDULING ORDER The above-set stipulated Discovery Plan of the parties shall be the Scheduling 4 Order for this action pursuant to Federal Rule of Civil Procedure 16(b) and Local 5 Rule 16-1. 6 7 8 9 10 IT IS SO ORDERED ________________________________________ United States Magistrate Judge Dated: ________________ 4/29/2024 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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