Filed: Sep. 28, 2018
Latest Update: Sep. 28, 2018
Summary: STIPULATION TO MODIFY SCHEDULING ORDER DEADLINES (3rd REQUEST) GEORGE FOLEY, JR. , Magistrate Judge . This Stipulation to modify the scheduling order is entered into by and between Plaintiff BERNADINE MORIMOTO, as Personal Representative of the Estate of Abygaile B. and legal guardian and maternal grandmother of Ember B. and Karriah M.; and Defendants DONALD BURNETTE; TIMOTHY BURCH; CLARK COUNTY; JAMES HARDEE; and HOPELINK OF SOUTHERN NEVADA, by and through their attorneys of record, pursua
Summary: STIPULATION TO MODIFY SCHEDULING ORDER DEADLINES (3rd REQUEST) GEORGE FOLEY, JR. , Magistrate Judge . This Stipulation to modify the scheduling order is entered into by and between Plaintiff BERNADINE MORIMOTO, as Personal Representative of the Estate of Abygaile B. and legal guardian and maternal grandmother of Ember B. and Karriah M.; and Defendants DONALD BURNETTE; TIMOTHY BURCH; CLARK COUNTY; JAMES HARDEE; and HOPELINK OF SOUTHERN NEVADA, by and through their attorneys of record, pursuan..
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STIPULATION TO MODIFY SCHEDULING ORDER DEADLINES (3rd REQUEST)
GEORGE FOLEY, JR., Magistrate Judge.
This Stipulation to modify the scheduling order is entered into by and between Plaintiff BERNADINE MORIMOTO, as Personal Representative of the Estate of Abygaile B. and legal guardian and maternal grandmother of Ember B. and Karriah M.; and Defendants DONALD BURNETTE; TIMOTHY BURCH; CLARK COUNTY; JAMES HARDEE; and HOPELINK OF SOUTHERN NEVADA, by and through their attorneys of record, pursuant to LR IA 6-1 and LR 26-4 and based upon the following. This is the third request for an extension of the discovery deadlines.
(a) A STATEMENT OF DISCOVERY COMPLETED TO DATE:
Plaintiffs and Defendants Clark County, James Hardee, and Hopelink have exchanged initial disclosures of documents and the names of individuals with knowledge of the facts pertaining to Plaintiffs' claims against Defendants and have supplemented those disclosures. The parties have propounded and responded to written discovery. The remaining parties have propounded and responded to written discovery. Plaintiffs have subpoenaed the records from Henderson Police Department, Las Vegas Metropolitan Police Department and the Clark County Medical Examiner and have received the subpoenaed documents. Plaintiff is currently reviewing the subpoenaed records for supplementation. Plaintiff has taken the deposition of Lisa Ray Gibson and the first day of the deposition of Kristin Reyn Aviles. Plaintiffs and Defendants have additional depositions on calendar and are in the process of coordinating additional depositions.
(b) A SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE COMPLETED:
(1) Defendants anticipate taking the deposition of Bernadine Morimoto, Korie Morimoto, Sherry Bennett, and Kenneth Morimoto;
(2) Plaintiffs anticipate taking the depositions of Defendants James Hardee; Karen Kyger; the 30(b)(6) witness for Hopelink of Southern Nevada; 30(b)(6) witness for Clark County; Timothy Burch; Donald Burnette; Richard Whitley; Lorea Arostegui; and Kelly Woolridge inter alia;
(3) Disclosure of documents pursuant to subpoenas to Las Vegas Metropolitan Police Department and Henderson Police Department;
(4) Disclosure of expert witnesses;
(5) Depositions of the parties' expert witnesses;
(6) Additional document production.
(c) THE REASON WHY DISCOVERY REMAINING WAS NOT COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCOVERY PLAN
The parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested extension. The parties agree that, pending this Court's approval, extension of the discovery deadlines is appropriate. This is the parties' third request for an extension of the discovery deadlines. Defendants Hopelink of Southern of Nevada and James Hardee filed a motion for leave to add new parties and discovery was halted while the parties awaited this Court's decision on this Motion, which was denied without prejudice and re-filed on June 7, 2018. The re-filed Motion was granted, and the order was entered on July 2, 2018. Defendants Hopelink of Southern of Nevada and James Hardee filed and serve their Third-Party Complaint and Crossclaim on July 2, 2018. Service was effectuated on Kenneth and Bernadine Morimoto but is still pending on Sherry Morse and Korie Morimoto. Answers are pending from the served parties. Additionally, the parties are currently awaiting an order from the Court regarding Defendants Clark County, Donald Burnette and Timothy Burch's Motions to Dismiss which has been set on hearing for October 24, 2018. The parties also wish to further investigate this case but given the ongoing criminal investigations and prosecutions of Justin Bennett and Sherry Bennett, access to this information is limited. This request is being filed more than 21 days before the expiration of the discovery deadline. The parties are seeking a 6-month continuance of below referenced dates.
(d) A PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY:
Description: Current Deadline: Proposed Deadline:
Expert disclosure deadline October 5, 2018 April 5, 2019
Rebuttal expert disclosure November 5, 2018 May 6, 2019
Discovery Deadline December 4, 2018 June 4, 2019
Dispositive Motion Deadline January 4, 2019 July 5, 2019
Pre-Trial Order Deadlines February 4, 2019 August 5, 2019
Amend Pleadings and Add Parties Closed Closed
Interim Status Report October 4, 2018 April 5, 2019
IT IS SO ORDERED.
