ONeal v. Albertson's, LLC. ( 2024 )

1 || FARHAN R. NAQVI Nevada Bar No. 8589 2 || SARAH M. BANDA 3 Nevada Bar No.: 11909 JACOB A. SUTY A || Nevada Bar No.: 16330 NAQVI INJURY LAW 5 9500 West Flamingo Road, Suite 104 6 Las Vegas, Nevada 89147 Telephone: (702) 553-1000 7 || Facsimile: (702) 553-1002 naqvi@naqvilaw.com 8 || sarah @naqvilaw.com jsuty @ naqvilaw.com 9 Attorneys for Plaintiff 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 13 LARON ONEAL, individually, Case No.: 2:23-cv-00643-APG-MDC 14 Plaintiff, STIPULATION AND ORDER TO IS || vs. EXTEND DISCOVERY DEADLINES 16 (Second Request) ALBERTSON’S, LLC d/b/a 17 || ALBERTSON’S; SAFEWAY INC. d/b/a ALBERTSON’S; ALBERTSON’S STORES 18 || SUB LLC; AB ACQUISITION LLC; DOES 1 through 100 and ROE CORPORATIONS 1 19 || through 100, inclusive, 20 Defendants. 21 22 IT IS HEREBY STIPULATED by and between Plaintiff LARON ONEAL □□□□□□□□□□□□□ 23 ll and Defendants ALBERTSON’S, LLC d/b/a ALBERTSON’S, SAFEWAY INC. d/b/a 24 ALBERTSON’S, ALBERTSON’S STORES SUB LLC, and AB ACQUISITION LLC, through 25 6 their undersigned counsel of record, that certain discovery deadlines shall be continued for a 97 || period of ninety (90) days for the reasons expressed herein. 28 || /// Page | of 4 1 Pursuant to Local Rule IA 6-1(a), the parties state that this is the second request for an 2 || extension in this case. 3 DISCOVERY COMPLETED TO DATE -— LR 26-3(a) 4 1. The parties attended an Fed. R. Civ. P. 26(f) conference on May 22, 2023. 2. The parties have served their Initial Disclosures pursuant to Fed. R. Civ. P. 26(a). 7 3. Defendant served its First Supplement to its Initial Disclosures on September 14, 2023. 8 4. On June 30, 2023, Plaintiff served written discovery on Defendant. Defendant served 9 |! responses. 10 5. On July 12, 2023, Defendant served written discovery on Plaintiff. Plaintiff has served responses to this discovery. 13 6. On September 13, 2023, this Court granted the parties stipulated protective order. 14 7. A site inspection took place on September 26, 2023. 15 8. Plaintiff served his First Supplement to its Initial Disclosures on November 20, 2023. '6 9. Defendant served its Second Supplement to its Initial Disclosures on November 20, 2023. 10. The deposition of Plaintiff Laron Oneal was taken on November 21, 2023. 19 11. Plaintiff served his Second Supplement to its Initial Disclosures on December 6, 2023. 20 12. Defendant served its Third Supplement to its Initial Disclosures on December 19, 2023. 71 13. Expert reports were served by both parties on December 19, 2023. 22 23 DISCOVERY REMAINING -— LR 26-3(b) 24 1. Rebuttal reports are to be served by January 19, 2024. 25 2. Defendant Corporate Witness Deposition. 26 3. Defendant employee Deposition(s). 27 4. Depositions of Experts. 28 5. Additional Fact Witness Depositions. Page 2 of 4 1 REASON FOR EXTENSION — LR 26-3(c) Pursuant to LR IA 6-1 and LR 26-3, the parties represent that good cause exists for the extension of the applicable deadlines in this matter. The parties have been diligent in conducting 5 discovery, and still intend on disclosing Rebuttal Expert Disclosures on the current January 19% 6 || deadline. Additional discovery, including but not limited to depositions, however, are still needed. 7 || Furthermore, the parties have discussed the possibility of conducting a mediation, requiring additional time. Therefore, the parties respectfully request an extension of the deadlines as 10 referenced in the chart below by an additional ninety (90) days. NEW DISCOVERY DEADLINES — LR 26-3(d) 12 Current Deadline New Deadline 5 Rebuttal Expert Disclosure January 19, 2024 No Change Discovery Deadline February 19, 2024 May 20, 2024 16 7 Pretrial Order April 19, 2024 July 19, 2024 18 If this extension is granted, all anticipated additional discovery should be concluded 20 within the stipulated extended deadline. The parties represent that this request for extension of 21 || discovery deadlines is made by the parties in good faith and not for the purpose of delay. 22 WI ii// 23 24 25 26 27 28 Page 3 of 4 1 IT IS SO STIPULATED and agreed as to the terms and conditions of this Stipulation to 2 || Extend Discovery Deadlines. 4 DATED this //” day of January, 2024. DATED this //” day of January, 2024. 5 || NAQVIINJURY LAW BACKUS | BURDEN 6 || /s/ Jacob A. Suty /s/ Dallin_ Knecht 4 FARHAN R. NAQVI, ESQ. JACK P. BURDEN, ESQ. Nevada Bar No. 8589 Nevada Bar No. 6918 8 SARAH M. BANDA DALLIN KNECHT, ESQ. Nevada Bar No. 11909 Nevada Bar No. 16263 9 |) Jacop A. SUTY 7201 West Lake Mead Boulevard, Suite 580 Nevada Bar No. 16330 Las Vegas, Nevada 89128 9500 West Flamingo Road, Suite 104 ttorneys for Defendants 11 || Las Vegas, Nevada 89147 D Attorneys for Plaintiff 13 14 ORDER / aA — 15 — /fje ff “ IT IS SO ORDERED. Lf 16 fb 17 if ff 18 UNITED STATES/MAGASTRATE JUDGE 19 20 DATED: !<18-2024 21 22 23 24 25 26 27 28 Page 4 of 4