STIPULATION AND [PROPOSED] ORDER TO CONDUCT CERTAIN DEPOSITIONS AFTER THE CLOSE OF DISCOVERY

[FIRST REQUEST]

PEGGY A. LEEN, Magistrate Judge.

Defendant WAL-MART STORES, INC., by and through its attorneys of record, the law firm of PHILLIPS, SPALLAS & ANGSTADT, LLC, and through his counsel of record, PAUL M. GAUDET, ESQ., do hereby stipulate to allow the parties to conduct certain depositions after the close of discovery.

The parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested leave. The parties have worked and continue to work in good faith, to conduct this discovery. However, because of the limited availability of the respective deponents and various conflicts of counsel, these depositions remain to be conducted.

Pursuant to Local Rule 6-1(b), the parties hereby aver that this is the first such discovery stipulation requested in the matter.

Pursuant to Local Rule 26-4, the parties state the following:

(a) Discovery completed

The parties have conducted an FRCP 26(f) conference and have served their respective FRCP 26(a) disclosures. Both parties have propounded written discovery requests including interrogatories, requests for admission and requests for production. Both parties have answered propounded written discovery requests. Depositions have been conducted of both Plaintiffs and a Walmart employee. FRCP 35 Independent Medical Evaluation was held on July 24, 2015.

(b) Specific Description Of Discovery That Remains To Be Completed

Defendant's depositions of Plaintiff's experts regarding Plaintiff, Bill Gettman's damages claim. These experts are: Dr. Matthew Otten of Advanced Ortho & Sports Medicine and Dr. Holman Chan of Nevada Orthopedic & Spine Center.

(c) Reasons Why The Deadline Was Not Satisfied Or The Remaining Discovery Was Not Completed Within The Time Limits Set By The Discovery Plan

The parties have completed all necessary discovery except for the depositions dependent on the scheduling availability of the deponents and both counsel. Defendant scheduled the depositions of Dr. Otten for October 9, 2015 and Dr. Chan for October 12, 2015, respectively. However, prior to the available for deposition on the schedule dates. Dr. Chan's office has advised he is available for deposition on November 4, November 11 or November 18, 2015. Dr. Otten's office has advised he is available for deposition on October 15 or October 22, 2015.

Despite the good faith efforts of the parties to comply with the court's discovery deadlines, Plaintiff's expert was unavailable for deposition prior to the current discovery deadline. This stipulation seeks to conduct the depositions of these two (2) physicians and is not a request for an extension of the discovery deadlines.

(a) Proposed Schedule For Completing All Remaining Discovery

The parties note that discovery in this matter will close on October 13, 2015. All discovery in this matter has been completed, with the exception of the two (2) depositions listed above. The parties therefore respectfully request that the parties be granted leave as defined above to conduct this discovery after the close of discovery on October 13, 2015.

As the completed discovery demonstrates, the parties have been reasonable and diligent in If this stipulation is granted, the two (2) expert depositions should be completed within the next thirty (30) days. The parties aver that this stipulation is not made with dilatory intent; rather, it is a response by the Plaintiff's medical experts, out of professional courtesy, to the respective availability of the deponents and counsel.

IT IS SO ORDERED: