Filed: Feb. 14, 2019
Latest Update: Feb. 14, 2019
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) GEORGE FOLEY, JR. , Magistrate Judge . Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned case ninety (90) days, up to and including July 29, 2019. In addition, the parties request that the deadlines for expert disclosure, rebuttal expert disclosure, joint interim status report, dispositive motio
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) GEORGE FOLEY, JR. , Magistrate Judge . Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned case ninety (90) days, up to and including July 29, 2019. In addition, the parties request that the deadlines for expert disclosure, rebuttal expert disclosure, joint interim status report, dispositive motion..
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST)
GEORGE FOLEY, JR., Magistrate Judge.
Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned case ninety (90) days, up to and including July 29, 2019. In addition, the parties request that the deadlines for expert disclosure, rebuttal expert disclosure, joint interim status report, dispositive motions, and pretrial order also be extended as outlined herein. In support of this Stipulation and Request, the parties state as follows:
1. On November 9, 2018, Plaintiff filed his First Amended Complaint in the United States District Court, Clark County, Nevada.
2. On November 26, 2018, Defendant City of Las Vegas and Michele Freeman Answered the First Amended Complaint.
3. On January 8, 2019, Defendant Correct Care Solutions, LLC Answered the First Amended Complaint.
4. On January 10, 2019, Plaintiff served his initial document and witness disclosure.
5. On January 30, 2019, Defendant Correct Care Solutions, LLC served its initial document and witness disclosure.
DISCOVERY REMAINING
1. Defendants will take the deposition of Plaintiff.
2. The parties will complete all written discovery.
3. The Plaintiff will take the depositions of the named Defendants.
4. The parties will take the depositions of any and all other witnesses garnered through discovery.
This Request for an extension of time is not sought for any improper purpose or other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient time to conduct discovery.
WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
This Request for an extension of time is not sought for any improper purpose or other purpose of delay. This request for extension is based upon the following:
Plaintiff's original Complaint named Correctional Healthcare Companies ("CHC") as a defendant. It also named Correct Care Solutions, LLC ("CCS") as a defendant. Defendant CCS conducted an investigation that revealed that the original Complaint incorrectly named CHC as a party because CHC did not have the health services contract with the City of Las Vegas during the relevant time period outlined in the Complaint. CCS had the relevant contract. The majority of the allegations in the Complaint referred to the conduct of CHC. The parties agreed that Plaintiffs would file an Amended Complaint that corrected this error and addressed the relevant allegations to CCS. The current scheduling order was based on the original Complaint. CCS answered the Amended Complaint on January 8, 2019. This initial investigation to identify the correct parties and clean-up the pleadings caused delays in launching discovery.
Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-4 governs modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or motion to extend or modify that Discovery Plan and Scheduling Order must be made no later than twenty-one (21) days before the expiration of the subject deadline and must comply fully with LR 26-4.
The following is a list of the current discovery deadlines and the parties' proposed extended deadlines:
Scheduled Event Current Deadline Proposed Deadline
Discovery Cut-off April 29, 2019 Monday, July 29, 2019
Amendment to
Pleadings January 29, 2019 Closed
Interim Status Report February 28, 2019 Wednesday, May 29, 2019
Expert Disclosure
pursuant to Fed R. Civ. February 28, 2019 Wednesday, May 29, 2019
P. 26 (a)(2)
Rebuttal Expert
Disclosure pursuant to April 1, 2019 Monday, July 1, 2019
Fed. R. Civ. P. 26(a)(2)
Dispositive Motions May 29, 2019 Tuesday, August 27, 2019
Joint Pretrial Order June 28, 2019 Thursday, September 26, 2019
This Request for an extension of time is not sought for any improper purpose or other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient time to conduct discovery in this case and adequately prepare their respective cases for trial.
This is the first request for extension of time in this matter. The parties respectfully submit that the reasons set forth above constitute compelling reasons and good cause for the short extension.
WHEREFORE, the parties respectfully request that this Court extend the discovery period by ninety (90) days from the current deadline of April 29, 2019, up to and including July 29, 2019, and that the other remaining discovery dates also be extended as outlined in accordance with the table above.
ORDER
IT IS SO ORDERED.
