Sblendorio v. Albertson's LLC ( 2024 )

1 JNaecvka Pd.a BSutardtee nB,a Er sNqo. . 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 BACKUS | BURDEN 3050 South Durango Drive 4 Las Vegas, NV 89117 5 (702) 872-5555 (702) 872-5545 6 jburden@backuslaw.com Attorneys for Defendant, 7 Albertson’s LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 LINDA SBLENDORIO, individually, ) 2:23-cv-00917-GMN-MDC 11 ) 12 Plaintiff, ) STIPULATION AND ORDER TO vs. ) EXTEND DISCOVERY 13 ) ALBERTSON’S LLC, a Foreign Limited- ) (Third Request) 14 Liability Company; DOES I-X; inclusive; and ) ROE CORPORATIONS I-X, inclusive ) 15 ) 16 Defendants. ) 17 Plaintiff LINDA SBLENDORIO (“Plaintiff”) and Defendant ALBERTSON’S LLC 18 (“Defendant”), by and through their respective counsel, hereby stipulate and agree to an extension 19 of all remaining discovery deadlines by sixty days (60 days). The parties propose the following 20 revised discovery plan: 21 Pursuant to LR 26-3, it is respectfully submitted that the parties’ failure to request the 22 instant extension of discovery twenty-one (21) days prior to the deadline for Rebuttal Expert 23 Disclosure was the result of excusable neglect. Specifically noting the failure to request the 24 extension was a mere oversight by the parties. Bateman v. US Postal Service, 231 F.3d 1220 (9th 25 Cir. 2000). Further: 1) there is no danger of prejudice as the extension is stipulated by the parties; 26 2) a sixty (60) day extension will not impact a trial date because the same has not been scheduled; 27 3) the parties, their respective Counsel, and witnesses have been limited in appearing for 28 deposition due to the Covid-19 pandemic; and 4) the requested extension is made in good faith by 1 both parties. Pioneer Investment Services v. Brunswick Associate’s, Ltd., 507 U.S. 380, 395 2 (1993). 3 I. 4 DISCOVERY COMPLETED TO DATE 5 1. The parties held a telephonic conference pursuant to Fed. R. Civ. P. 26(f) on June 30, 6 2023. 7 2. On July 20, 2023, Plaintiff served her initial disclosure of witnesses and documents 8 pursuant to Fed. R. Civ. P. 26(a)(1). 9 3. On July 26, 2023, Defendant served its initial disclosure of witnesses and documents 10 pursuant to Fed. R. Civ. P. 26(a)(1). 11 4. On August 4, 2023, Defendant served initial written discovery on Plaintiff. Plaintiff 12 timely served responses. 13 5. On September 19, 2023, Plaintiff served initial written discovery on Defendant. 14 Defendant timely served responses. 15 6. On September 19, Defendant served additional written discovery on Plaintiff. Plaintiff 16 timely served responses. 17 7. On October 13, 2023, Defendant served its first supplement to its initial list of witnesses 18 and documents pursuant to Fed. R. Civ. P. 26(e). 19 8. On October 19, 2023, Defendant served its second supplement to its initial list of 20 witnesses and documents pursuant to Fed. R. Civ. P. 26(e). 21 9. On November 14, 2023, Plaintiff served her first supplement to her initial list of 22 witnesses and documents pursuant to Fed. R. Civ. P. 26(e). 23 10. On December 12, 2023, Plaintiff served her second supplement to her initial list of 24 witnesses and documents pursuant to Fed. R. Civ. P. 26(e). 25 11. On January 8, 2024, Plaintiff served her third supplement to her initial list of witnesses 26 and documents pursuant to Fed. R. Civ. P. 26(e). 27 12. On February 6, 2024, Plaintiff served her fourth supplement to her initial list of 28 witnesses and documents pursuant to Fed. R. Civ. P. 26(e). 1 13. On February 8, 2024, the parties exchanged initial expert witness designations and 2 reports in accordance with Fed. R. Civ. P. 26.1(a)(2). 3 14. On February 15, 2024, Plaintiff was deposed. 4 5 II. 6 DISCOVERY TO BE COMPLETED AND REASONS 7 FOR EXTENSION OF DISCOVERY 8 Discovery to be completed includes: 9 1. Deposition of Defendant 30(b)(6) designee 10 2. Disclosure of rebuttal expert witnesses 11 3. Depositions of expert witnesses 12 4. Depositions of Plaintiff’s treating physicians 13 5. Depositions of store employees 14 6. Depositions of additional fact witnesses 15 Additional written discovery and depositions as the Parties deem necessary. 16 The Parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested 17 extension. III. 18 REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN TIME SET BY 19 DISCOVERY PLAN 20 Pursuant to LR 45-2(a), it is respectfully submitted the continuance is necessary to allow 21 the parties to continue to explore Alternative Dispute Resolution options. The parties previously 22 requested a discovery extension to allow time for ADR. Unfortunately, due to calendaring 23 conflicts the date/time could not be confirmed prior to the instant request. 24 This Stipulation to Extend Discovery (Third Request) is made in good faith and not for 25 purposes of undue delay. 26 . . . . 27 . . . . 28 1 IV. 2 DISCOVERY DEADLINES 3 Discovery cutoff: July 8, 2024 4 Amending the pleadings or adding parties: Closed 5 Expert disclosures: Closed 6 Rebuttal expert disclosures: June 6, 2024 7 8 Dispositive motions: August 5, 2024 9 Joint Pre-Trial Order: September 5, 2024 10 VII. 11 [PROPOSED] NEW DISCOVERY DEADLINES 12 Discovery cutoff: September 6, 2024 13 Amending the pleadings or adding parties: Closed 14 Expert disclosures: Closed 15 16 Rebuttal expert disclosures August 5, 2024 17 Dispositive motions: October 4, 2024 18 Joint Pre-Trial Order: November 4, 2024 – suspended until 30 days after decision on dispositive 19 motions, if filed 20 21 . . . . 22 . . . . 23 . . . . 24 . . . . 25 . . . . 26 . . . . 27 . . . . 28 . . . . 1 Case Na: 2:23-cv-00917-GMN-MDC Sblendorio v. Albertson's LLC, et al. 2 Stipulation and Order to Extend (Third Request) 3 4 The Parties aver that this request for extension of discovery deadlines is made by the 5 parties in good faith and not for the purpose of delay. 6 7 DATED this 8th day of May, 2024. DATED this 8th day of May, 2024. 8 MARSHALL INJURY LAW BACKUS | BURDEN 9 10 /s/ Eric Marshall /s/ Jacquelyn Franco Eric MARSHALL, Esq. JACK P. BURDEN, Esq. 11 Nevada Bar No. 8 Nevada Bar No. 6918 © 3333 East Serene Ave., Suite 120 JACQUELYN FRANCO, Esq. 12 Henderson, Nevada 89074 Nevada Bar No. 13484 Attorney for Plaintiff 3050 South Durango Drive = Las Vegas, Nevada 89117 Attorneys for Defendants S16 J29 IT IS SO ORDERED: A wn aS fe f J; 7” Hon. Maximiliaino D/ Couvillier III 19 United States trate Judge 20 DATED: 5/15/2024 21 22 23 24 25 26 27 28