Filed: Jun. 09, 2015
Latest Update: Jun. 09, 2015
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES SEVENTH REQUEST CARL W. HOFFMAN , Magistrate Judge IT IS HEREBY STIPULATED, by and between: Plaintiffs: DAVID WELCH, STACY WELCH, and JACK WELCH, through their counsel of record, Ryan Hamilton, Esq. of HAMILTON LAW, and Robert T. Eglet, Esq. and Artemus W. Ham, Esq. of EGLET PRINCE LAW GROUP; and Defendant: NARCONON FRESH START dba RAINBOW CANYON RETREAT, through its counsel of record, S. Brent Vogel, Esq. and Alayne M. Opie, Esq. of
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES SEVENTH REQUEST CARL W. HOFFMAN , Magistrate Judge IT IS HEREBY STIPULATED, by and between: Plaintiffs: DAVID WELCH, STACY WELCH, and JACK WELCH, through their counsel of record, Ryan Hamilton, Esq. of HAMILTON LAW, and Robert T. Eglet, Esq. and Artemus W. Ham, Esq. of EGLET PRINCE LAW GROUP; and Defendant: NARCONON FRESH START dba RAINBOW CANYON RETREAT, through its counsel of record, S. Brent Vogel, Esq. and Alayne M. Opie, Esq. of ..
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES
SEVENTH REQUEST
CARL W. HOFFMAN, Magistrate Judge
IT IS HEREBY STIPULATED, by and between:
Plaintiffs: DAVID WELCH, STACY WELCH, and JACK WELCH, through their counsel of record, Ryan Hamilton, Esq. of HAMILTON LAW, and Robert T. Eglet, Esq. and Artemus W. Ham, Esq. of EGLET PRINCE LAW GROUP; and
Defendant: NARCONON FRESH START dba RAINBOW CANYON RETREAT, through its counsel of record, S. Brent Vogel, Esq. and Alayne M. Opie, Esq. of LEWIS BRISBOIS BISGAARD & SMITH LLP, and William H. Forman, Esq. of SCHEPER KIM & HARRIS LLP; and
Defendant: ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL and NARCONON INTERNATIONAL, through its counsel of record, Robert C. Baker, Esq. of BAKER KEENER & NAHRA
1. Discovery Completed to Date:
A. Parties have propounded lengthy written discovery and parties have answered;
B. The parties have disclosed numerous records and evidence;
C. The parties have disclosed initial experts (17 experts in total);
D. The following depositions have commenced: Plaintiff Stacy Welch; Plaintiff David Welch; Plaintiff Jack Welch; Dr. Robert Earle (non-appearance); James Chapman, LCDC; Dr. Mavis Fujii; Dr. Jason Powers; Dan Morgan; David Venemon; Wendy Shultz; Dr. Stephen Lippold; Anne McNulty, NP; Dr. Christina Ivan; FRCP 30b6 witness of The Right Step; Hayley Matthews;
E. A Motion to Compel the Deposition of Robert Earle, Ph.D. was filed in the United States District Court, District of Southern Texas. Thereafter, Fresh Start and Dr. Earle submitted a Joint Motion to Extend Deadlines to essentially stay the Motion. Dr. Earle's deposition has been re-noticed for July 17, 2015;
F. Meet and confer conferences have occurred regarding a second day of Jack Welch's deposition and a Motion to Compel the same has been drafted.
G. Meet and confer conferences have occurred regarding the parties written discovery responses.
H. The parties have produced numerous FRCP 26f disclosures
2. Discovery that Remains to be Completed:
A. Additional depositions of the Defendants' representatives;
B. Additional depositions of percipient witnesses;
C. Additional depositions of Jack Welch's medical providers;
a. Presently, the following depositions are on calendar:
i. Jennifer Rankel, June 12, 2015 in Phoenix, Arizona
ii. Vernon Kirk, M.D., June 16, 2015, St. George, Utah
iii. FRCP 30b6 of NI: July 7, 2015 in Anaheim, California
iv. FRCP 30b6 of ABLE: July 8, 2015 in Anaheim, California
v. Josh Penn and Larry Trahant: July 9, 2015 in Anaheim, California
vi. FRCP 30b6 of Fresh Start: July 10, 2015 in Anaheim, California
vii. Robert Earle, Ph.D., July 17, 2015 in Houston, Texas
D. Disclosure of rebuttal experts;
E. Depositions of the parties' experts (including rebuttal experts that are to be disclosed).
The parties anticipate disclosing approximately twenty (20) experts total;
F. Briefing regarding Fresh Start's Motion to Compel Second Day of Jack Welch's Deposition;
G. Additional written and deposition discovery as determined by the parties.
3. Why Discovery Was Not Completed Within the Limits Set by the Discovery Order
A vast amount of discovery has taken place in this case since discovery opened. The parties have diligently worked, taking numerous depositions in multiple states across the United States. Depositions have occurred in Houston, Texas (necessitating four trips thus far); Denver, Colorado; Anaheim, California; Beverly Hills, California; Phoenix, Arizona; Valencia, California; and Las Vegas, Nevada. Despite the parties' diligent efforts to move discovery along, the diverse locations of the witnesses, combined with the multiple scheduling conflicts, have made it difficult to complete the necessary depositions by the deadline to disclose rebuttal experts. Additionally, a key medical provider, Dr. Earle, outright refused to appear for his deposition, necessitating a Motion to Compel.
The parties request a one hundred and twenty (120) day extension, in good faith, of the current deadlines. This extension will afford the parties' experts' sufficient time to review the upcoming deposition transcripts which will necessarily build the foundation for their expert opinions, before providing expert reports.
4. Proposed Schedule for Completing Discovery
On April 29, 2015, this Honorable Court granted the parties' Amended Stipulation and Order to Extend Discovery Deadlines (Sixth Request) (Doc. 84). Currently, the discovery deadlines are as follows:
Last day to serve initial disclosures Closed
Last day to file a motion to add parties Closed
or amend pleadings
Initial expert disclosure deadline: Closed
Interim Status Report Closed
Rebuttal expert disclosure deadline: June 29, 2015
Discovery cut off: August 28, 2015
Last day to file dispositive motions October 27, 2015
Joint Pretrial Order December 2, 2015
The proposed schedule for completing the remaining discovery is as follows:
Last day to serve initial disclosures Closed
Last day to file a motion to add parties Closed
or amend pleadings
Initial expert disclosure deadline: Closed
Interim Status Report Closed
Rebuttal expert disclosure deadline: October 27, 2015
Discovery cut off: January 26, 2016
Last day to file dispositive motions March 16, 2016
Joint Pretrial Order April 21, 2016
5. Certificate of Conference and Stipulation
Counsel for the parties have conferred by email and have signed below, indicating their agreement to this Stipulation and Order to Extend Discovery Deadlines (Seventh Request). The parties do not request a conference with the Magistrate before entry of an Amended Scheduling Order, should one be required.
ORDER
IT IS HEREBY ORDERED, ADJUDGED and DECREED that the deadlines in this case are as follows:
Rebuttal expert disclosure deadline: October 27, 2015
Discovery cut off: January 26, 2016
Last day to file dispositive motions March 16, 2016
Joint Pretrial Order April 21, 2016
