Garcia v. Albertson's LLC ( 2024 )

1 JNaecvka Pd.a BSutartdee nB,a Er sNqo. . 6918 2 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 3 Lisa M. Szyc, Esq. 4 Nevada State Bar No. 11726 BACKUS | BURDEN 5 3050 South Durango Drive Las Vegas, NV 89117 6 (702) 872-5555 (702) 872-5545 7 jburden@backuslaw.com 8 Attorneys for Defendant, Albertson’s LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 FAYE GARCIA, individually, ) 2:24-cv-00229-ART-DJA ) 13 Plaintiff, ) vs. ) STIPULATION AND ORDER TO 14 ) EXTEND DISCOVERY ALBERTSON’S LLC; DOES I through X; and ) 15 ROE CORPORATIONS I through X, inclusive ) (First Request) 16 ) Defendants. ) 17 ) 18 Plaintiff FAYE GARCIA (“Plaintiff”) and Defendant ALBERTSON’S LLC, by and 19 through their respective counsel, hereby stipulate and agree to an extension of all remaining 20 discovery deadlines by ninety (90) days. The parties propose the following 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 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) March 4, 6 2024. 7 2. On March 5, 2024, Plaintiff served her initial disclosure of witnesses and documents 8 pursuant to Fed. R. Civ. P. 26(a)(1). 9 3. On March 6, 2024, Defendant served its initial disclosure of witnesses and documents 10 pursuant to Fed. R. Civ. P. 26(a)(1). 11 4. On May 3, 2024, Plaintiff served initial written discovery, including Interrogatories, 12 Requests for Production, and Requests for Admission on Defendant. Defendant timely served 13 responses. 14 5. On May 20, 2024, the parties entered into a Stipulated Protective Order. 15 6. On May 22, 2024, Defendant served initial written discovery, including Interrogatories 16 and Requests for Production on Plaintiff. Plaintiff timely served responses. 17 7. On June 14, 2024, 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 July 15, 2024, Plaintiff was deposed. 20 9. On August 1, 2024, the Parties exchanged their initial expert witness designations and 21 reports in accordance with Fed. R. Civ. P. 26.1(a)(2). 22 10. On September 30, 2024, Defendant served its second supplement to its initial list of 23 witnesses and documents pursuant to Fed. R. Civ. P. 26(e). 24 II. 25 DISCOVERY TO BE COMPLETED AND REASONS 26 FOR EXTENSION OF DISCOVERY 27 Discovery to be completed includes: 28 1. Deposition of Defendant 30(b)(6) designee 1 3. Depositions of expert witnesses 2 4. Depositions of Plaintiff’s treating physicians 3 5. Depositions of store employees 4 6. Depositions of additional fact witnesses 5 Additional written discovery and depositions as the Parties deem necessary. 6 The Parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested 7 extension. 8 III. 9 REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN TIME SET BY 10 DISCOVERY PLAN 11 Pursuant to LR 45-2(a), it is respectfully submitted the continuance is necessary to allow 12 the parties time to schedule the depositions of Defendant’s FRCP 30(b)(6) witness(es), experts, 13 treating physicians, and/or fact witnesses. Defendant Albertson’s LLC is entering into its busiest 14 time of year, between Halloween and Valentine’s Day. As such, scheduling any corporate 15 representatives or store employees needs to be secured as far in advance as possible. Similarly, 16 expert witnesses have expressed limited availability with the upcoming holidays. Accordingly, this 17 Stipulation to Extend Discovery (First Request) is made in good faith and not for purposes of 18 undue delay. 19 IV. 20 DISCOVERY DEADLINES 21 Discovery cutoff: September 30, 2024 22 Amending the pleadings or adding parties: Closed 23 Expert disclosures: Closed 24 Rebuttal expert disclosures: Closed 25 Dispositive motions: October 30, 2024 26 27 Joint Pre-Trial Order: November 29, 2024 28 1 VII. 2 [PROPOSED] NEW DISCOVERY DEADLINES 3 Discovery cutoff: December 30, 2024 4 Amending the pleadings or adding parties: Closed 5 Expert disclosures: Closed 6 Rebuttal expert disclosures Closed 7 8 Dispositive motions: January 28, 2025 9 Joint Pre-Trial Order: February 27, 2025 – suspended until 30 days after decision on dispositive 10 motions, if filed 11 12 . . . . 13 . . . . 14 . . . . 15 . . . . 16 . . . . 17 . . . . 18 . . . . 19 . . . . 20 21 22 23 24 25 26 27 28 ] Case No: 2:24-cy-00229-ART-DJA Garcia vy. Albertson’s LLC 2 Stipulation and Order to Extend (First 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 30thday of September, 2024. DATED this 30th day of September, 2024. 8 GOLIGHLTY & VANNAH, PLLC BACKUS | BURDEN 9 1 /s/ John B. Greene /s/ Jacquelyn Franco 0 ROBERT VANNAH, ESQ. JACK P. BURDEN, ESQ. 1 Nevada Bar No. 2503 Nevada Bar No. 6918 + JOHN B. GREENE, ESQ. JACQUELYN FRANCO, ESQ. 12 Nevada Bar No. 4279 Nevada Bar No. 13484 400 S. Seventh Street, 4" Floor 3050 South Durango Drive = 13 Las Vegas, Nevada 89101 Las Vegas, Nevada 89117 2 werk 16 4 a © 17 IT IS SO ORDERED: = 18 .. 19 20 UNITED STATES|MAGISTRATE JUDGE 21 DATED: 10/2/2024 22 23 24 25 26 27 28