Najmabadi v. Thelios U.S., Inc.

DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE.

BREMER WHYTE BROWN & O'MEARA LLP, LUCIAN J. GRECO, JR., ESQ., MELISSA INGLEBY, ESQ. Attorneys for Defendant SPARKS MARKETING, LLC

EDWARD M. BERNSTEIN & ASSOCIATES, BRIAN E. LUNT, ESQ. Attorney for Plaintiff

LINCOLN, GUSTAFSON & CERCOS, LOREN S. YOUNG, ESQ. Attorney for Defendants THELIOS USA INC. & LVMH MOET HENNESSY LOUIS VUITTON INC.

STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST)

DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE .

IT IS HEREBY STIPULATED AND AGREED TO by and between Plaintiff PIRAYEH M. NAJMABADI (“Plaintiff”), by and through her attorney of record, Brian E. Lunt, Esq. of the law firm Edward M. Bernstein & Associates, and Defendants THELIOS USA INC., and LVMH MOET HENNESSY LOUIS VUITTION INC., by and through their attorney of record, Loren S. Young, Esq. of the law firm Lincoln Gustafson & Cercos LLP, and Defendant SPARKS MARKETING, LLC (“Defendant Sparks”), by and through its attorneys of record, Lucian J. Greco, Esq., and Melissa Ingleby, Esq., of the law firm Bremer Whyte Brown & O'Meara LLP, and for good cause that the discovery deadlines in the above-entitled matter be extended by one hundred twenty (120) days to allow for necessary discovery.

I.

DISCOVERY COMPLETED TO DATE

Listed below is a statement specifying the discovery completed in this case:

1. Plaintiff's Initial List of Witnesses and Production of Documents made pursuant to FRCP 26(a)(1).

2. Defendants' THELIOS USA INC., and LVMH MOET HENNESSY LOUIS VUITTION INC Initial List of Witnesses and Production of Documents made pursuant to FRCP 26(a)(1).

3. Defendant SPARKS MARKETING, LLC Initial List of Witnesses and Production of Documents made pursuant to FRCP 26(a)(1).

II.

DISCOVERYREMAINING TO BE COMPLETED

The Parties plan to complete the following discovery:

1. Written discovery of all parties;

2. Subpoena new medical records for recent treatment of Plaintiff

3. Depositions of various witnesses including, but not limited to:

a. The parties;

b. The parties' retained initial and rebuttal experts; and

c. Other percipient witnesses as needed;

4. Initial Expert Disclosures;

5. Rebuttal Expert Disclosures; and

6. Other discovery as needed.

III.

REASONS DISCOVERY HAS NOT BEEN COMPLETED

Good cause exists to grant the Parties' request for an extension to discovery deadlines. This is the first request for an extension. Despite the parties' diligence and good faith attempts to pursue discovery in preparation for their respective case, majority of discovery remains to be completed.

To that end, the parties recently learned of two new parties that must be brought into the case. As a result, the parties agreed to stipulate to leave to file a Third-Party Complaint and bring the new parties into the matter. A Stipulation and Order in that regard was recently granted. Therefore, the parties respectfully request a 120-day extension to allow the new third party to participate in discovery. As such, the deadlines cannot be reasonably met despite the diligence of the Parties who seek the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

The parties are actively engaging in discovery in this matter. Furthermore, the parties are acting in good faith in filing this Stipulation and without an intent to improperly delay the proceedings. Continuing the deadlines for completing discovery will not prejudice any party or have a negative impact upon the judicial administration of this Honorable Court. Accordingly, the Parties are requesting a 120-day extension to all remaining discovery deadlines.

IV.

PROPOSED SCHEDULE FOR COMPLETING DISCOVERY

The Parties hereto, and for good cause described in this stipulation, and in accord with Local Rule 6-1 and Local Rule 26-3, request this Honorable Court to adopt and approve this stipulated extension to the discovery plan, and continue the discovery deadlines as requested below:

The parties hereby stipulate to the proposed changes in the discovery deadlines.

ORDER

Based upon the stipulation of the parties hereto, and for good cause appearing: IT IS HEREBY ORDERED that the discovery deadlines are extended as follows:

Event:	Deadline:
Motions to amend pleadings and add parties:	August 28, 2024
Expert Designations:	September 27, 2024
Rebuttal Expert Designations:	October 28, 2024
Discovery Cutoff Date:	November 28, 2024
Dispositive Motions:	December 26, 2024
Joint Pre-Trial Order:	January 27, 2025