DELGADILLO v. WAL-MART STORES, INC., 2:16-cv-01250-KJD-NJK. (2017)
Court: District Court, D. Nevada
Number: infdco20170405c19
Visitors: 9
Filed: Mar. 30, 2017
Latest Update: Mar. 30, 2017
Summary: STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO CONDUCT CERTAIN DISCOVERY OUTSIDE THE DISCOVERY PERIOD NANCY J. KOPPE , Magistrate Judge . Plaintiff RENAUD DELGADILLO (hereinafter "Plaintiff") and Defendant WAL-MART STORES, INC. (hereinafter "Defendant"), by and through their respective counsel of record, do hereby stipulate to conduct certain discovery outside the discovery period. Specifically, the parties stipulate that Defendant shall take the deposition of Plaintiff's treatin
Summary: STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO CONDUCT CERTAIN DISCOVERY OUTSIDE THE DISCOVERY PERIOD NANCY J. KOPPE , Magistrate Judge . Plaintiff RENAUD DELGADILLO (hereinafter "Plaintiff") and Defendant WAL-MART STORES, INC. (hereinafter "Defendant"), by and through their respective counsel of record, do hereby stipulate to conduct certain discovery outside the discovery period. Specifically, the parties stipulate that Defendant shall take the deposition of Plaintiff's treating..
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STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO CONDUCT CERTAIN DISCOVERY OUTSIDE THE DISCOVERY PERIOD
NANCY J. KOPPE, Magistrate Judge.
Plaintiff RENAUD DELGADILLO (hereinafter "Plaintiff") and Defendant WAL-MART STORES, INC. (hereinafter "Defendant"), by and through their respective counsel of record, do hereby stipulate to conduct certain discovery outside the discovery period. Specifically, the parties stipulate that Defendant shall take the deposition of Plaintiff's treating psychologist, Louis F. Mortillaro, Ph.D. on Tuesday, April 18, 2017.
DISCOVERY COMPLETED TO DATE
• The parties have conducted an FRCP 26(f) conference.
• The parties have served and exchanged their respective FRCP 26(a) initial disclosures.
• Plaintiff has served upon Defendants three sets of Requests for Admissions, two set of Interrogatories and three sets of Requests for Production of Documents. Defendant has served responses.
• Defendant has served upon Plaintiff two sets of Requests for Admissions, Interrogatories and Requests for Production of Documents. Plaintiff has served responses.
• Defendant has noticed and taken the depositions of Plaintiff and witness Karla Sandoval.
• Defendant has noticed and taken the depositions of Plaintiff's treating physicians Dr. James Forage, Dr. Daniel Fabito and Dr. William Muir.
• Plaintiff has noticed and taken the depositions of Defendant employee, Cherie Randolph.
• Plaintiff has undergone a FRCP Rule 35 exam by Defendant's expert witness and physician.
• Each party has made their respective expert disclosures.
• Defendant has noticed and taken the depositions of Plaintiff's designated experts Dr. Jeffrey Gross and Mr. John Peterson.
• Defendant has obtained executed authorizations from Plaintiff and has commenced and completed the process of subpoenaing and receiving records from Plaintiff's providers.
DISCOVERY TO BE COMPLETED OUTSIDE THE DISCOVERY PERIOD
Discovery to be completed includes:
• Defendant's deposition of Plaintiff's treating psychologist, Louis F. Mortillaro, Ph.D.;
The parties aver that good cause exists for the request pursuant to Local Rule 2.25. Plaintiff disclosed Dr. Mortillaro as a non-retained expert witness on February 28, 2017, approximately one week before the discovery cutoff. In order to preserve its right to depose Dr. Mortillaro, Defendant timely filed a Notice of Deposition. Due to his busy schedule, Dr. Mortillaro's deposition could not be scheduled within the discovery period.
The parties aver that this request is made by the parties in good faith and not for the purpose of delay.
IT IS SO ORDERED.
Source: Leagle
