Rose v. Smith's Food & Drug Centers, Inc. ( 2024 )

1]| RAMZY P. LADAH, ESQ. Nevada Bar No. 11405 || MICHAEL T. NIXON, ESQ. 3 Nevada Bar No. 12839 LADAH LAW FIRM 4|| 5178S. Third Street Las Vegas, NV 89101 5 || litigation@ladahlaw.com T: 702.252.0055 61] F: 702.248.0055 7 Attorney for Plaintiff UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA VICTORIA ROSE, an individual, CASE NO.: 2:24-cv-00273-JAD-DJA 10 Plaintiff, STIPULATION AND ORDER TO 12|| SMITH’S FOOD & DRUG CENTERS, INC, | AND RNTEND DISCOVERY eos = a FOREGIN CORPORATION; ; DOES 1 DEADLINES || through 10; and ROE CORPORATIONS 11 through 20, inclusive (Second Request) Defendants. 15 16 Pursuant to LR 6-1 and LR 26-4, and for good cause shown, the parties, by and through 17 || their respective counsel of record hereby stipulate and agree to and jointly move this Honorable 1g || Court for an order to continue discovery by forty-five (45) days as indicated below. 19 || A. DISCOVERY COMPLETED TO DATE 20 The parties have completed the following disclosures and discovery: 1 1. Defendant FRCP 26.1 Early Case Conference List of Documents and Witnesses 22 served on May 3, 2024. 23 2. Plaintiff FRCP 26.1 Early Case Conference List of Documents and Witnesses served 4 on May 2, 2024. 25 3. Defendant First Set of Requests for Production of Documents was served on May 6, 26 2024. 27 4. Defendant First Set of Requests for Admissions was served on May 6, 2024. 28 5. Defendant First Set of Interrogatories was served on May 6, 2024. 1 6. Plaintiff Answered Defendant’s First Set of Requests for Production of Documents on 2 June 6, 2024. 3 7. Plaintiff Answered Defendant’s First Set of Requests for Admissions on June 6, 2024. 4 8. Plaintiff Answered Defendant’s First Set of Interrogatories on June 6, 2024. 5 9. Plaintiff's First Set of Requests for Production of Documents was served on May 6, 6 2024. 7 10. Defendant Answered Plaintiff's First Set of Requests for Production of Documents on 8 June 5, 2024. 9 11. Plaintiffs’ First Supplement to Plaintiff's Early Case Conference Disclosure of 10 Witnesses and Exhibits Pursuant to F.R.C.P. 26(a)(1), Designation of Non-Retained 11 Expert Witnesses, And Designation of Initial Expert Witnesses was served on August 12 6, 2024. Rs 13 12. Defendant’s Notice of Taking the Deposition of Plaintiff, Victoria Rose was Served 44 on August 6, 2024. 15 13. Defendant’s First Amended Notice of Taking the Deposition of Plaintiff, Victoria 16 Rose was Served on August 12, 2024. 17 14. Plaintiff, Victoria Rose’s Deposition was taken on August 19, 2024. 18 15. Defendant’s Notice of taking the Deposition of Nick Liu, DO was served on 19 September 27, 2024. 20 || B. DISCOVERY REMAINING TO BE COMPLETED 21 1. Depositions of Defendant’s agents; 22 2. Depositions of treating physicians, 23 3. Expert depositions; 24 4. Additional written discovery as necessary; 25 5. Disclosure of additional documents; 26 6. Subpoena/Obtain additional documents as necessary; 27 7. Defendant’s FRCP 30(b)(6) depositions; 28 8. Percipient witness depositions; 1 9. The parties also anticipate that they may need to conduct other forms of 2 discovery, though not specifically delineated herein, and anticipate doing so only 3 on an as-needed basis. 4||C. REASON FOR REQUEST FOR EXTENSION OF DISCOVERY DEADLINES 5 The parties have been working in a diligent and courtesy manner to complete the 6 || discovery and not for the purpose of delay. On September 17, 2024, Defendants serve their 7|| Notice of Intent to take the Deposition of Plaintiff's Medical Expert Dr. Liu on September 27, 8 || 2024. Plaintiff's counsel was available at the time and had no issue with the date. Four days 9 || before the Deposition of Dr. Liu was scheduled to take place, Plaintiff's counsel had a Mediation 10 || scheduled to take place on Friday September 27, 2024, in the hopes of resolving another matter 11 || which, if mediation was unsuccessful, would have had trial beginning on Monday September 30, 12 || 2024. Therefore, the parties Stipulated to continue discovery for forty-five days. The parties do Rs 13 || not seek to extend expert deadlines which have already passed and seek only to extend discovery 14 || for forty-five days for the purpose of completing necessary discovery in this matter. 15 A scheduling order can be modified "for good cause and with the judge's consent." FRCP 16 || 16(b)(4). "A motion or stipulation to extend time must state the reasons for the extension 17 || requested and must inform the court of all previous extensions of the subject deadline the court 18 || granted." LR AI 6-1 (a). "District courts should generally allow amendments of pre-trial orders 19 || when 'no substantial injury will be occasioned to the opposing party, the refusal to allow the 20 || amendment might result in injustice to the movant, and the inconvenience to the court is slight." 21 || Campbell Industries v. M/V Gemini, 619 F.2d 24, 27-28 (9th Cir. 1980) (quoting Angle v. Sky 22 || Chef, Inc., 535 F.2d 492, 495 (9th Cir. 1976); Sherman v. United States, 462 F.2d 577, 579 (Sth 23 || Cir. 1972)). Here, as discussed below, there is no dispute among the parties that an extension 24 || would cause any injury or injustice, and that a refusal of extension could prejudice the parties. 25 || Additionally, although there may be some inconvenience to the Court, no trial date is currently 26 || set, and discovery is already ongoing until October 7". 2024. Therefore, the stipulated request 27 || for a modest extension should be granted. 28 In addition to the discovery that has already taken place as set forth above, the parties 1|| have diligently worked to continue to conduct the discovery in an effort to complete the same 2 || and prepare for trial. 3 The parties have diligently conducted the discovery and are continuing to work 4 || cooperatively to complete the remaining discovery in order to prepare for trial. Good cause exists 5 || for modification of the current scheduling order to avoid prejudice to the parties. 6 || D. CURRENT SCHEDULE TO COMPLETE REMAINING DISCOVERY 7 Amend Pleadings and Add Parties (LR 26-1(b)(2)): Closed 8 Initial Expert Disclosures (LR 26-1(b)(3)): Closed 9 Rebuttal Expert Disclosures (LR 26-1(b)(3)): Closed 10 Discovery Cutoff (LR 26-1 (b) (1)): October 7, 2024 11 Dispositive Motions (LR 25-1(b)(4)): November 4, 2024 12 Joint Pre-Trial Order: December 6, 2024 Rs 13 || E. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 14 Motions to Amend or Add Parties: Closed 15 Initial Expert Disclosures: Closed 16 Rebuttal Expert Disclosure: Closed 17 Close of Discovery: November 21, 2024 18 Dispositive Motion Deadline: December 19, 2024 19 Joint Pre-Trial Order January 21, 2025 20 || F. CURRENT TRIAL DATE 21 No trial is yet scheduled in this matter. A joint proposed pretrial order is due on 22 || December 6, 2024, or 30 days following this Court's ruling on any dispositive motions, if filed 23 || The parties seek additional time so that the same proposed pretrial order is due January 21, 2025 24 || or 30 days after this Court's ruling on dispositive motions. 25 || G. REQUEST NUMBER TWO 26 This is the parties second request for extension of the discovery deadlines. 27 Wherefore, the parties respectfully request that the Court grant this request to extend the 28 || discovery deadlines as outlined above. 1 IT IS SO AGREED. 2 || Respectfully submitted by: 3 || DATED this day of October 2024. DATED this 23" day of October 2024. 41] LADAHLAW FIRM COOPER LEVENSON, P.A. 6 /s/ Michael T. Nixon /s/ Jerry S. Busby MICHAEL T. NIXON, ESQ. JERRY S. BUSBY, ESQ. 7|| Nevada Bar No. 12839 Nevada Bar No. 001107 517 S. Third Street 3016 West Charleston Blvd. #195 8|| Las Vegas, NV 89101 Las Vegas, Nevada 89102 (702) 252-0055 (702) 366-1125 9 Attorneys for Plaintiff Attorneys for Defendant 10 Victoria Rose Smith’s Food & Drug Centers, Inc. 11 12 = IT IS SO ORDERED. ~ : 44 —_—_ DANIEL J. ALBREGTS 15 UNITED STATES MAGISTRATE JUDGE 16 DATE: 10/24/2024 18 19 20 21 22 23 24 25 26 27 28