Alcaraz v. Conagra Brands, Inc. ( 2021 )

1 || PETER S. CHRISTIANSEN, ESQ. Nevada Bar No. 005254 2 || pete@christiansenlaw.com R. TODD TERRY, ESQ. 3 || Nevada Bar No. 6519 tterry@christiansenlaw.com 4 || WHITNEY J. BARRETT, ESQ. Nevada Bar No. 13662 5 || wbarrett@christiansenlaw.com CHRISTIANSEN TRIAL LAWYERS 6 || 710 S. 7 Street Las Vegas, Nevada 89101 7 || Telephone: (702) 240-7979 2 Facsimile: (866) 412-6992 9 Attorneys for Plaintiff | 10 UNITED STATES DISTRICT COURT ll DISTRICT OF NEVADA 12 || KYLE A. ALCARAZ, an individual; CASE NO. 2:20-cv-01414-JCM-EJY 3 Plaintiff, 14 v. 15 CONAGRA BRANDS, INC.; CONAGRA STIPULATION AND ORDER TO ~ FOODS, INC.; SAM’S WEST, INC. dba EXTEND DISCOVERY AND 16 SAM’S CLUB; DOES | through 10; and OTHER DEADLINES | ROE BUSINESS ENTITIES 1 through 10, (THIRD REQUEST) 17 inclusive; 18 Defendants. 19 Plaintiff, KYLE A. ALCARAZ, by and through his attorneys of record, PETER § 20 CHRISTIANSEN, ESQ., R. TODD TERRY, ESQ., and WHITNEY J. BARRETT, ESQ. o 71 CHRISTIANSEN TRIAL LAWYERS, and Defendants CONAGRA BRANDS, INC. 22 CONAGRA FOODS, INC., and SAM’S WEST, INC., by and through their attorneys, J 23 CHRISTOPHER JORGENSEN, ESQ. of LEWIS ROCA ROTHGERBER CHRISTIE LLP an 24 TED HARTMAN, ESQ. (pro hac vice) of BLACKWELL BURKE P.A., hereby file their thir 25 joint application to extend the discovery cut off period and other deadlines in this case, pursuan 26 57 to LR II 26-4. The present discovery cutoff date is November 1, 2021. 28 1 1. DISCOVERY COMPLETED 2 1. Plaintiff produced his initial FRCP 26(a)(1) disclosure and two supplement 3 thereto; 4 2. Defendants produced their initial FRCP 26(a)(1) disclosure; 5 3. Plaintiff has issued a subpoena to Lowe’s Home Improvement; and 6 4. The parties have propounded and responded to written discovery requests. Il. DISCOVERY TO BE COMPLETED 1. Plaintiff will take the depositions of Defendants’ corporate designees an ° employees; 10 | 2. Defendants will depose Plaintiff; 1] D 3. The parties will disclose expert witnesses and depose their respective experts; B 4. The parties intend to serve, and respond to, additional written discovery; and = 14 5. The parties intend to subpoena and conduct the depositions of third parties, fac < 15 witnesses, Plaintiff’s treating providers, and the parties’ experts. 16 I. GOOD CAUSE WHY THE DISCOVERY REMAINING WAS NO’ | COMPLETED WITHIN THE TIME LIMITS SET BY THE COURT 7 Good cause exists to extend all deadlines, including the expert deadline, due to th 7 18 technical, complex and fact dependent evidence the experts will need in order to author thet 19 reports in this products liability matter. Plaintiff has subpoenaed evidence, including the produc 20 at issue (the exploding Pam Can), from Lowe’s Home Improvement. The can is critical to exper a opinions in this matter. Furthermore, the parties are currently engaged in settlement negotiations and they wish to save costs associated with expert reports which could be utilized toward □ settlement. The parties intended for the remaining discovery set forth above to be complete: 95 within the existing discovery period, however, counsel for all parties agree the current discover %6 deadline is insufficient in time to complete the remaining discovery. Accordingly, the parties hav 17 agreed to continue the discovery deadlines an additional ninety (90) days. 28 1 IV. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY: | = □□□□□□□□□□□□□□□□□□□□□ DEADLINES | PROPOSED DEADLINES 4 Close of Discovery November 1, 2021 February 13, 2022 5 Final Date to Amend Closed Closed ‘ Pleadings/Add Parties mre 7 Initial Expert August 31, 2021 D ber 10, 2021 2 Disclosures Deadlines ugust 31, 20 comers? Rebuttal Expert 9 Septemb 2021 J 12, 2022 Disclosure Deadline eptember 30, 20 anuary i” | 10 i f 1] November 30, 2021 March 14, 2022 Dispositive Motions 3 in am < DATED this 24" day of August, 2021 DATED this 24" day of August, 2021 14 CHRISTIANSEN TRIAL LAWYERS LEWIS ROCA ROTHGERBER CHRISTIE te I5 LLP 16 | By ___/s/ Whitney J. Barrett By ___/s/Ted D. Hartman 17 || PETER S. CHRISTIANSEN, ESQ. J. CHRISTOPHER JORGENSEN, ESQ. NV Bar No. 5254 NV Bar No. 5382 18 || R TODD TERRY, ESQ. 3993 Howard Hughes Parkway, Suite 600 19 || NV Bar No. 6519 Las Vegas, NV 89169 WHITNEY J. BARRETT, ESQ. 20 || NV Bar No. 13662 TED D. HARTMAN, ESQ. (pro hac vice) 710 South 7" Street, Suite B BLACKWELL BURKE P.A. 71 |! Las Vegas, NV 89101 431 South Seventh Street, Suite 2500 92 || Attorneys for Plaintiff Minneapolis, MN 55415 Attorneys for Defendants 23 24 25 26 27 28 1 ORDER 2 || IT IS HEREBY ORDERED: 3 The discovery cut off is extended from November 1, 2021 to January 31, 2022 in which 4 || all discovery in this action shall be completed; 5 || IT IS FURTHER ORDERED: 6 Plaintiff and Defendant shall disclose their experts to each other at least sixty (60) days 7 || before the discovery cutoff date, which is by November 29, 2021, and Plaintiff and Defendant 8 □□ shall disclose rebuttal experts at least thirty (30) days after the initial date for disclosure of 9 || experts, which is by December 29, 2021; | 10 All pretrial motions, including but not limited to, discovery motions, motions to dismiss 11 || and motions for summary judgment shall be filed and served no later than thirty (30) days after a 7 12 || the close of discovery, which is February 28, 2022; = 13 The Joint Pre-Trial Order in the above-captioned action shall be filed with this Court ne —! 4 14 || later than thirty (30) days after the date set for filing dispositive motions, which shall be March < 15 || 30, 2022; and | 16 The last day for the parties to file their Motion and/or Stipulation to Extend Discovery 17 || shall be twenty (20) days prior to the discovery cut off, which is by January 11, 2022. 7 18 IT IS SO ORDERED this 26th day of August, 2021. 19 20 UNITED STA AGISTRATE JUDGE 21 Submitted by: 22 3 CHRISTIANSEN TRIAL LAWYERS 24 || By __ /s/ Whitney J. Barrett R. TODD TERRY, ESQ. 25 |] Nevada Bar No. 6519 2% WHITNEY J. BARRETT, ESQ. Nevada Bar No. 13662 97 || 710 South 7" Street Las Vegas, NV 89101 28 || Attorneys for Plaintiff