Saroop v. Albertson's LLC ( 2021 )

1 JNaecvka Pd.a BSutartdee nB,a Er sNqo. . 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 BACKUS, CARRANZA & BURDEN 3050 South Durango Drive 4 Las Vegas, NV 89117 5 (702) 872-5555 (702) 872-5545 6 jburden@backuslaw.com 7 Attorneys for Defendant, Albertson’s LLC 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ANJALI SAROOP, individually ) Case No. 2:20-CV-00627-KJD-BNW ) 12 Plaintiff, ) 13 ) vs. ) DEFENDANTS’ ADMISSION TO LIABILITY 14 ) REGARDING DUTY AND BREACH ONLY ALBERTSON’S, LLC, a Foreign Limited- ) 15 Liability Company; DOES I through XX; and ) ROE CORPORATIONS I through XX, ) 16 inclusive, ) 17 ) Defendants. ) 18 19 Pursuant to Fed. R. Civ. P. Rule 16(c)(2)(C), Defendant ALBERTSON’S LLC, by and 20 through its counsel of record Jack P. Burden, Esq. and Jacquelyn Franco, Esq. of the law firm 21 BACKUS, CARRANZA & BURDEN, and Plaintiff ANJALI SAROOP, by and through her counsel of 22 record Glenn A. Paternoster, Esq. and Pooja Kumar, Esq. of the law firm PATERNOSTER LAW 23 GROUP, hereby stipulate as follows: 24 1. Albertsons hereby admits liability as to duty and breach only, in regard to the 25 subject incident. Specifically, Albertsons admits that it had a duty to maintain its premises in a 26 reasonably safe condition and warn patrons of potential unsafe conditions and Albertsons breached 27 this duty. 28 1 2. Albertsons admits it had a duty to inspect its premises and take reasonable precautions to protect Plaintiff from dangerous conditions unknown to Plaintiff and breached this 3 duty to Plaintiff with regard to the unsecured floral department sign and allowed the floral 4 department sign to fall on to Plaintiff's personhood. > 3. Albertsons makes no admission that any of Plaintiffs claimed injuries were caused 6 by the floral department sign falling. 7 5. Both parties may utilize all relevant medical records and expert testimony 8 pertaining to causation and damages. 9 101 DATED: __ November 29, 202 DATED: November 29, 2021 BACKUS, CARRANZA & BURDEN PATERNOSTER LAW GROUP in 12 a /s/ Jacquelyn Franco /s/ Glenn Paternoster 5 = Jack P. Burden, Esq. Glenn A. Paternoster, Esq. Jacquelyn Franco, Esq. Pooja Kumar, Esq. 14 | 3050 South Durango Drive 400 South 4 Street #300 5 5 Las Vegas, NV 89117 Las Vegas, NV 89101 Attorneys for Defendant Attorneys for Plaintiff 2a ORDER £18 19 IT IS SO ORDERED. 20 DATED: 12/1/2021 LAD 2] U.S. DISTRICT COURT JUDGE KENT J. DAWSON 22 Respectfully Submitted By: 23 BACKUS, CARRANZA & BURDEN 24 By: /s/ Jacquelyn Franco 25 Jack P. Burden, Esq. Jacquelyn Franco, Esq. 26 Attorneys for Defendant 27 28