Filed: Aug. 22, 2018
Latest Update: Aug. 22, 2018
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND DEADLINES [FIRST REQUEST] NANCY J. KOPPE , Magistrate Judge . Plaintiff Lucinda Ortiz, by and through her counsel of record, Jamie H. Corcoran, Esq., of Bernstein & Poisson and Defendant Bodega Latina Corporation, dba El Super, by and through its counsel of record, Bernadette A. Rigo, Esq., and pursuant to Local Rule 26-4, stipulate to modify their discovery plan as follows: 1. Plaintiff filed her Complaint on April 30, 2018 in the Eighth
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND DEADLINES [FIRST REQUEST] NANCY J. KOPPE , Magistrate Judge . Plaintiff Lucinda Ortiz, by and through her counsel of record, Jamie H. Corcoran, Esq., of Bernstein & Poisson and Defendant Bodega Latina Corporation, dba El Super, by and through its counsel of record, Bernadette A. Rigo, Esq., and pursuant to Local Rule 26-4, stipulate to modify their discovery plan as follows: 1. Plaintiff filed her Complaint on April 30, 2018 in the Eighth ..
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STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND DEADLINES [FIRST REQUEST]
NANCY J. KOPPE, Magistrate Judge.
Plaintiff Lucinda Ortiz, by and through her counsel of record, Jamie H. Corcoran, Esq., of Bernstein & Poisson and Defendant Bodega Latina Corporation, dba El Super, by and through its counsel of record, Bernadette A. Rigo, Esq., and pursuant to Local Rule 26-4, stipulate to modify their discovery plan as follows:
1. Plaintiff filed her Complaint on April 30, 2018 in the Eighth Judicial District Court, Case No. A-18-773721-C. This case was removed to the United States Distric Court on June 4, 2018.
2. The parties held their F.R.C.P. 26 conference on June 20, 2018 and filed their Stipulated Discovery Plan and Scheduling Order on June 27, 2018. In this original plan, the parties agreed to the following dates:
Last Day to Amend Pleadings: 09/11/2018
Expert Disclosure Deadline: 10/11/2018
Interim Status Report Deadline: 10/11/2018
Rebuttal Expert Disclosure: 11/12/2018
Last Day to Amend DPSO: 11/19/2018
Discovery Cut-Off: 12/10/2018
Dispositive Motions Deadline: 01/09/2019
Pre-Trial Order: 02/08/2019
The initial discovery plan was signed by United States Magistrate Judge Nancy J. Koppe on June 28, 2018.
3. In compliance with Local Rule 26-4, the parties provide the following information regarding the discovery status:
(a) Discovery Completed pursuant to Fed. R. Civ. P. 26(a):
Defendants:
Defendant's Initial Disclosure 06/20/2018
Defendant's Interrogatories to Plaintiff 06/26/2018
Defendant's Request for Production to Plaintiff 06/26/2018
Defendant's Request for Admissions to Plaintiff 06/26/2018
Defendant's First Supplemental Disclosure 07/19/2018
Plaintiffs:
Plaintiff's Initial Disclosure 06/18/2018
Plaintiff's Request for Production to Defendant 06/29/2018
Plaintiff's Interrogatories to Defendant 06/29/2018
(b) Discovery that remains to be completed:
• Defendant needs to obtain Plaintiff's remaining medical records.
• Defendant needs to schedule an Independent Medical Examination of Plaintiff.
• The parties need to designate experts and rebuttal experts and exchange reports.
• The parties need to conduct the depositions of Plaintiff and Defendant.
• The parties need to conduct the depositions of Plaintiff's experts and Defendant's experts.
(c) Reasons why discovery was not completed:
It took longer than expected to obtain all of Plaintiff's medical records and defendant is still awaiting receipt of requested medical records and imaging studies from the radiologists and medical providers. Defendant has received approximately 45% of the records it requested. As a result of the delay in receiving the medical records, Plaintiff's deposition is not being scheduled until September 2018, which the parties believe is not sufficient time to consult with and potentially retain experts by the current initial expert disclosure date of October 11, 2018.
The parties propose a 90-day extension to complete the remaining discovery. Those dates will be:
Last Day to Amend Pleadings: 12/10/2018
Expert Disclosure Deadline: 01/09/2019
Interim Status Report Deadline: 01/09/2019
Rebuttal Expert Disclosure: 02/08/2019
Last Day to Amend DPSO: 02/15/2019
21 days before expiration
of the subject deadline.
Discovery Cut-Off: 03/11/2019
Dispositive Motions Deadline: 04/09/2019
Pre-Trial Order: 05/09/2019
If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order.
CONCLUSION
For the foregoing reasons, the parties herein respectfully request this Honorable Court to enter its Order to Extend Discovery Plan and Deadlines.
ORDER
Upon Stipulation by counsel for the parties, and good cause appearing therefore, IT IS HEREBY ORDERED that the Stipulation to Extend Discovery hereinabove is hereby granted.
