Rivas Lopez v. Cardenas Markets, LLC ( 2024 )

1|| RAMZY PAUL LADAH, ESQ. Nevada Bar No. 11405 || ADRIAN KARIMI, ESQ. Nevada Bar No. 13514 || LADAH LAW FIRM 517 S. Third Street 4|| Las Vegas, NV 89101 litigation@ladahlaw.com 5 || T: 702.252.0055 F: 702.248.0055 6 || Attorneys for Plaintiff 7 DISTRICT COURT 8 CLARK COUNTY, NEVADA 9|| MARIA RIVAS LOPEZ, an individual, CASE NO.: 2:24-cv-01221-JAD-DJA 10 Plaintiff, i VS. STIPULATION AND ORDER TO AMEND THE SCHEDULNG ORDER CARDENAS MARKETS, LLC, a Foreign AND EXTEND DISCOVERY 13]| Limited-Liability Company; DOES I through DEADLINES X, inclusive and ROE BUSINESS ENTITIES (Second Request) I through X, inclusive, Is Defendants. 16 26-3 17 Pursuant to LR 6-1 and LR 26-4, and for good cause shown, the parties, by and through 18 || their respective counsel of record hereby stipulate and agree to and jointly move this Honorable 19 || Court for an order to continue discovery by sixty (60) days as indicated below. || A. DISCOVERY COMPLETED TO DATE 21 The parties have completed the following disclosures and discovery: 22 1. Plaintiff served her initial FRCP 26(f) case conference disclosure of witnesses and 23 || exhibits on September 18, 2024. 24 2. Defendant served their initial FRCP 26(f) case conference disclosure on July 16, 25 || 2024. 26 3. Defendant served their second FRCP 26(f) case conference disclosure on August 27 || 22, 2024. 28 4. Defendant propounded written discovery to Plaintiff on July 16, 2024. 1 5. Plaintiff responded to written discovery on September 25, 2024. 2 6. Plaintiff propounded written discovery to Defendant on September 23, 2024. 3 7. Plaintiff has requested the deposition of Defendant’s 30(b)(6) witness and the 4 parties in the process of coordinating a date for the requested deposition; 5 8. The parties continue to request, obtain and supplement medical records. 6 9. The parties continue to supplement their FRCP 26(f) disclosures as discovery 7 continues. 8 B. DISCOVERY REMAINING TO BE COMPLETED 9 1. Defendant’s written discovery responses; 10 2. Depositions of the involved parties, 11 3. Depositions of treating physicians, 12 4. Expert depositions; 13 5. Depositions of additional parties and/or witnesses; 14 6. Initial and rebuttal expert disclosures, as well as supplemental expert disclosures. 15 7. Additional written discovery as necessary; 16 8. Disclosure of additional documents; 17 9. Subpoena/Obtain additional documents as necessary; 18 10. The parties also anticipate that they may need to conduct other forms of 19 discovery, though not specifically delineated herein, and anticipate doing so only on an as- 20 needed basis. 21 C. REASON FOR REQUEST FOR EXTENSION OF DISCOVERY DEADLINES 22 A scheduling order can be modified "for good cause and with the judge's consent." 23 FRCP 16(b)(4). "A motion or stipulation to extend time must state the reasons for the extension 24 requested and must inform the court of all previous extensions of the subject deadline the court 25 granted." LR AI 6-1 (a). "District courts should generally allow amendments of pre-trial orders 26 when 'no substantial injury will be occasioned to the opposing party, the refusal to allow the 27 amendment might result in injustice to the movant, and the inconvenience to the court is slight.'" 1 Chef, Inc., 535 F.2d 492, 495 (9th Cir. 1976); Sherman v. United States, 462 F.2d 577, 579 (5th 2 Cir. 1972)). Here, as discussed below, there is no dispute among the parties that an extension 3 would cause any injury or injustice, and that a refusal of extension could prejudice the parties. 4 Additionally, although there may be some inconvenience to the Court, no trial date is currently 5 set and discovery is already ongoing. Therefore, the stipulated request for a modest extension 6 should be granted. 7 In addition to the discovery that has already taken place as set forth above, the parties 8 have diligently worked to continue to conduct discovery in an effort to complete the same and 9 prepare for trial. 10 The parties request a slight extension to discovery to proceed with the Defendant’s 11 30(b)(6) deposition, and to conduct any corresponding discovery following the 30(b)(6) 12 deposition. Plaintiff’s counsel has requested the deposition and the parties are in the process of 13 coordinating a mutual date to proceed with the same. The parties require additional time to set 14 and proceed with the deposition of Defendant’s 30(b)(6) witness and other witnesses. 15 The parties have diligently conducted discovery and are continuing to work cooperatively 16 to complete the remaining discovery in order to prepare for trial. Good cause exists for 17 modification of the current scheduling order to avoid prejudice to the parties. 18 D. CURRENT SCHEDULE TO COMPLETE REMAINING DISCOVERY: 19 Motions to Amend or Add Parties: CLOSED 20 Initial Expert Disclosures: 11/04/2024 21 Rebuttal Expert Disclosure: 12/03/2024 22 Close of Discovery: 01/02/2025 23 Dispositive Motion Deadline: 02/03/2025 24 Joint Pre-Trial Order 03/05/2025 25 // 26 // 27 // 1 E. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 2 Motions to Amend or Add Parties: CLOSED 3 Initial Expert Disclosures: 01/03/2025 4 Rebuttal Expert Disclosure: 02/03/2025 5 Close of Discovery: 03/03/2025 6 Dispositive Motion Deadline: 04/04/2025 7 Joint Pre-Trial Order 05/05/2025 8 F. CURRENT TRIAL DATE: 9 No trial is yet scheduled in this matter. A joint proposed pretrial order is due on March 5, 10 2025 or 30 days following this Court's ruling on any dispositive motions, if filed. The parties 11 seek additional time so that the same proposed pretrial order is due May 5, 2025, or 30 days after 12 this Court's ruling on dispositive motions. 13 G. REQUEST NUMBER: 14 This is the parties first request for extension of the discovery deadlines. 15 Wherefore, the parties respectfully request that the Court grant this request to extend the 16 discovery deadlines as outlined above. 17 IT IS SO AGREED. 18 Respectfully submitted by: 19 DATED this 16th day of October, 2024. DATED this 16th day of October, 2024. 20 LADAH LAW FIRM WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 21 /s/ Ramzy P. Ladah, Esq. /s/ Jonathan Pattillo, Esq. 22 RAMZY P. LADAH, ESQ. JONATHAN PATTILLO, ESQ. 23 Nevada Bar No. 11405 Nevada Bar No. 13929 ADRIAN A. KARIMI, ESQ. 6689 Las Vegas Blvd. S., Suite 200 24 Nevada Bar No. 13514 Las Vegas, NV 89119 517 S. Third Street Attorney for Defendant 25 Las Vegas, NV 89101 Attorneys for Plaintiff 26 27 1 ORDER 2 Pursuant to stipulation by the parties and for good cause shown, the deadlines and 3 discovery schedule in this case are extended and continued as follows: 4 Motions to Amend or Add Parties: CLOSED 5 Initial Expert Disclosures: 01/03/2025 6 Rebuttal Expert Disclosure: 02/03/2025 7 Close of Discovery: 03/03/2025 8 Dispositive Motion Deadline: 04/04/2025 9 Joint Pre-Trial Order 05/05/2025 10 IT IS SO ORDERED. DATED this _!7th day of __ October , 2024. 12 OOM 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28