Filed: Jan. 10, 2018
Latest Update: Jan. 10, 2018
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE DATES (FIRST REQUEST) NANCY J. KOPPE , Magistrate Judge . COME NOW, Plaintiff YVONN HEDMAN, by and through her attorneys BRIAN D. NETTLES, ESQ., and WILLIAM R. KILLIP, JR., ESQ., and JENNIFER A. PETERSON, ESQ., of the NETTLES LAW FIRM; and Defendant ALBERTSON'S, LLC, by and through its attorneys LEW BRANDON, JR., ESQ., and MATTHEW WHITTAKER, ESQ., of MORAN BRANDON BENDAVID MORAN, and hereby submit the following Stipulation pursuant to Loca
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE DATES (FIRST REQUEST) NANCY J. KOPPE , Magistrate Judge . COME NOW, Plaintiff YVONN HEDMAN, by and through her attorneys BRIAN D. NETTLES, ESQ., and WILLIAM R. KILLIP, JR., ESQ., and JENNIFER A. PETERSON, ESQ., of the NETTLES LAW FIRM; and Defendant ALBERTSON'S, LLC, by and through its attorneys LEW BRANDON, JR., ESQ., and MATTHEW WHITTAKER, ESQ., of MORAN BRANDON BENDAVID MORAN, and hereby submit the following Stipulation pursuant to Local..
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE DATES (FIRST REQUEST)
NANCY J. KOPPE, Magistrate Judge.
COME NOW, Plaintiff YVONN HEDMAN, by and through her attorneys BRIAN D. NETTLES, ESQ., and WILLIAM R. KILLIP, JR., ESQ., and JENNIFER A. PETERSON, ESQ., of the NETTLES LAW FIRM; and Defendant ALBERTSON'S, LLC, by and through its attorneys LEW BRANDON, JR., ESQ., and MATTHEW WHITTAKER, ESQ., of MORAN BRANDON BENDAVID MORAN, and hereby submit the following Stipulation pursuant to Local Rule 26-4. Based upon the following, the Parties request this Court extend all discovery deadlines by sixty (60) days. This request is made in good faith and not to unduly delay the proceedings.
I. Local Rule 6-1
Under LR 6-1(b) every stipulation to extend time must inform the court of any previous extensions granted and state the reason for the extension requested.
a. The Requirement of Local Rule 6-1 Are Satisfied
This is the first request for extension filed by the parties. The parties are seeking this extension in order to complete additional discovery that could not be completed during the time allotted.
II. Local Rule 26-4(a)
Under LR 26-4(a) a statement specifying the Discovery completed:
a. Initial disclosures have been exchanged between all parties;
b. Written discovery has been expedited;
c. Defendant has scheduled the Custodian of Records Depositions for January 5, 2018, at 8:00 a.m. for the following treating providers:
1. St. Rose Dominican Hospital — Rose De Lima Campus;
2. Fremont Emergency Services;
3. Radiology Associates of Nevada;
4. Advanced Pain Management;
5. ATI Physical Therapy;
6. Valley View Surgery Center;
7. Steinberg Diagnostic Medical Imaging Centers;
8. United Toxicology, LLC
9. Next Step Medical;
10. Advanced Orthopedics and Sport Medicine; and
11. Parkway Surgery Center.
d. Defendant has scheduled Plaintiff's Deposition for January 17, 2018;
e. Plaintiff has scheduled the deposition of Maria Ramirez, Defendant's employee, for February 6, 2018 at 10:00 a.m.; and
f. Plaintiff has scheduled the deposition of witness Marsha Prince for February 6, 2018, at 1:00 p.m.
III. Local Rule 26-4(b)
Under LR 26-4(b) a specific description of the Discovery that remains to be completed:
a. The remaining Discovery to be completed is Plaintiff's deposition, FRCP 30(b)(6) depositions of Defendant, Deposition of Defendant's employees, depositions of treating physicians, and disclosure and depositions of the experts.
IV. Local Rule 26-4(c)
Under LR 26-4(c) the reasons why Discovery remaining was not completed within the time limits set by the Discovery Plan:
a. Due to various scheduling conflicts, it has been impossible to conduct depositions which must be completed prior to the disclosure of experts. Additionally, Plaintiff's counsel has a trail in District Court, scheduled for January 22, 2018 (Zavala vs. Quesada; Case No. A-14-699223-C), which will limit the parties' ability to reschedule depositions prior to the expert disclosure deadline.
V. Local Rule 26-4(d)
Under LR 26-4(d) a proposed schedule for completing all remaining Discovery:
a. Discovery cutoff dates:
Current date: March 30, 2018
Proposed date: May 29, 2018
b. Amending the Pleadings and Adding Parties:
DENIED. See
Current date: December 29, 2017 Local Rule 26-4.
Proposed date: February 27, 2018
c. Disclosures of Experts:
i. Initial expert disclosures:
Current date: January 29, 2018
Proposed date: March 30, 2018
ii. Rebuttal expert disclosures:
Current date: February 28, 2018
Proposed date: April 30, 2018
d. Interim Status Report:
Current date: January 29, 2018
Proposed date: March 30, 2018
e. Dispositive Motions:
Current date: April 30, 2018
Proposed date: June 29, 2018
f. Joint Pre-Trial Order:
Current date: May 30, 2018
Proposed date: July 30, 2018
Therefore, good cause existing, counsel jointly request that this Honorable Court allow them the above proposed extended Discovery dates.
ORDER
Upon stipulation of counsel and good cause appearing therefore:
IT IS HERBY ORDERED that the Stipulation and Order to Extend Discovery Deadline Dates (First Request) is hereby approved., exceptexcept as to the deadline to amend.
