Avitia De La Vega v. Ayman Enterprises, Inc. ( 2024 )

1 WNeIvLaLdaI ABMar NHo. .P 6R7U83I TT, ESQ. 2 JOSEPH MESERVY, ESQ. Nevada Bar No. 14088 3 BARRON & PRUITT, LLP 3890 West Ann Road 4 North Las Vegas, Nevada 89031 Telephone: (702) 870-3940 Facsimile: (702) 870-3950 5 Email: bpruitt@lvnvlaw.com Email: jmeservy@lvnvlaw.com 6 Attorneys for Defendants Ayman Enterprises, INC. and 7 Clarence Eugene Mitchell 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 EDGAR AVITIA DE LA VEGA, an Case No.: 2:23-cv-00865-RFB-VCF individual, 13 Plaintiff, (AMENDED) STIPULATION AND vs. ORDER TO EXTEND DISCOVERY 14 DEADLINES 15 AYMAN ENTERPRISES, INC., a foreign (Fourth Request) corporation; CLARENCE EUGENE MITCHELL, II, an individual; DOES I through 16 X; and ROE CORPORATIONS I through X, inclusive, 17 Defendants. 18 19 Defendants AYMAN ENTERPRISES, INC., and CLARENCE EUGENE MITCHELL, II, 20 and Plaintiff EDGAR AVITIA DE LA VEGA, through their counsel, submit the foregoing stipulation 21 22 and order to extend discovery deadlines (60 days) pursuant to LR 26-3 as follows: 23 1. Summary of Discovery Completed 24 To date, the following discovery has been completed in this case 25 Item Date Completed 26 Plaintiff’s Initial Rule 26(a) Disclosures August 1, 2023 27 Defendants’ Initial Rule 26(a) Disclosures August 4, 2023 1 Disclosures 2 Plaintiff’s First Set of Requests for Admissions, August 28, 2023 Requests for Production and Interrogatories to 3 Defendant Ayman Enterprises 4 Plaintiff’s First Set of Requests for Production and August 28, 2023 Interrogatories to Defendant Clarence Eugene 5 Mitchell, II 6 Defendant Clarence Eugene Mitchell Answered November 8, 2023 Plaintiff’s Requests for Production and 7 Interrogatories 8 Defendant Ayman Enterprises Answers to Plaintiff’s November 8, 2023 Requests for Admissions, Requests for Production 9 and Interrogatories 10 Defendants First Supplemental Rule 26(a) November 8, 2023 Disclosures 11 Defendants First Set of Requests for Admissions, November 13, 2023 12 Requests for Production, and Interrogatories to Plaintiff 13 Plaintiff’s Answers to Defendants’ First Set of December 13, 2023 14 Requests for Admissions, Requests for Production, 15 and Interrogatories to Plaintiff Defendants Second Set of Requests for Production December 26, 2023 16 Deposition of Plaintiff Edgar Avitia De La Vega January 19, 2024 17 Plaintiff’s Responses to Defendant’s Second Set of January 25, 2024 18 Request for Production Deposition of George Gluck, M.D. February 7, 2024 19 Deposition of George Tsao, DO February 14, 2024 20 Defendants Second Supplemental Rule 26(a) March 13, 2024 Disclosures 21 Deposition of George Tsao, DO April 3, 2024 22 Plaintiff’s First Supplemental Rule 26(a) Disclosures May 13, 2024 23 Plaintiff’s Disclosure of Expert Witness May 15, 2024 Defendant’s Disclosure of Expert Witnesses May 15, 2024 24 25 2. Discovery Remaining 26 The following discovery remains to be completed: a) Deposition of Expert Roger A. Fontes, Jr., M.D., scheduled for July 1, 2024; 27 1 c) Deposition of Expert Daniel E. Fabito, MD – July 22, 2024 (proposed): d) Deposition of Expert G. Michael Elkanich, MD – July 23, 2024 (proposed): 2 e) Additional Written Discovery regarding Plaintiff’s previous employers and 3 employment history; Plaintiff’s previous workers compensation history; and Plaintiff’s 4 updated medical treatment history; 5 f) Deposition of Person(s) Most Knowledgeable for Defendant Ayman Enterprises, Inc., 6 noticed for July 16, 2024; 7 g) Disclosure of rebuttal expert witnesses; and 8 h) Deposition(s) of all rebuttal expert witnesses. 9 3. Reason Why Discovery Was Not Completed 10 Pursuant to LR 26-3, a “stipulation to extend a discovery plan, scheduling order, or other order 11 must, in addition to satisfying the requirements of LR IA 6-1, be supported by a showing of good 12 cause for the extension.” LR 26-3. “‘Good cause’ is a non-rigorous standard that has been construed 13 broadly across procedural and statutory contexts.” Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 14 1259 (9th Cir. 2010). Typically, good cause is met when there is an absence of bad faith or prejudice 15 to the non-moving party. Id., at 1260. 16 Here, the parties seek to extend the rebuttal expert designation, discovery cut-off, dispositive 17 motion deadline, and due date for the Joint Pre-Trial Order. All these deadlines are more than 21 days 18 out. As such, there is no need for the parties to show excusable neglect and the parties need only to 19 show good cause for the extension. LR 26-3. 20 In this matter, there is good cause to extend the discovery deadlines. Plaintiff and Defendant 21 would like to retain rebuttal experts, however the exhibits disclosed in this case number in the 22 thousands of pages, and the experts require a suitable amount of time to review the records. In addition, 23 both parties would like to depose each other’s experts, because of scheduling difficulties John E. 24 Baker, PH.D., P.E., will not be able to be deposed till after the discovery cutoff of July 14, 2024. 25 Defendants would also like to depose Plaintiff’s initial and rebuttal experts as well. Furthermore, lead 26 trial counsel for the defense on this matter spent much of the past month in trial in the Eighth Judicial 27 District Court, Clark County, Nevada, which interrupted the time available to further discovery in this 1 Based on these reasons, the parties submit that a brief extension is needed and that the requested extension is absent any bad faith. Lastly, the parties submit that since this extension is 2 stipulated, there is no prejudice to either party. 3 4. Proposed Schedule for Completing Discovery 4 Accordingly, the parties respectfully request that this Court enter an order setting the following 5 discovery plan and scheduling order dates: 6 7 Event Former Deadline New Deadline Amend pleadings or add parties CLOSED CLOSED 8 Expert Designations CLOSED CLOSED Rebuttal Expert Designations June 14, 2024 August 13, 2024 9 Discovery Cut-off July 14, 2024 September 12, 2024 Dispositive Motions August 14, 2024 October 14, 2024 10 Joint Pre-Trial Order September 13, 2024 November 12, 2024 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 1 Counsel add that the requested extension of discovery deadlines is interposed not for purpos 9 || of delay, but for the purposes set forth above. 3 DATED: June 13, 2024 DATED: June 13, 2024 4 MAIER GUTIERREZ & ASSOCIATES PT LAW 5 /s/ Joseph A. Gutierrez 6 || By: By: _/s/ Pengxiang Tian JOSEPH A. GUTIERREZ, ESQ. CALVIN P. TIAN, ESQ. 7 Nevada Bar No. 9046 Nevada Bar No. 15662 g JASON R MAIER, ESQ. 2820 South Jones Boulevard, Unit 1 Nevada Bar No. 8557 Las Vegas, Nevada 89146 9 STEPHEN G. CLOUGH, ESQ. Attorneys for Plaintiff Nevada Bar No. 10549 10 8816 Spanish Ridge Avenue Las Vegas, Nevada 89148 11 Attorneys for Plaintiff 12 DATED: June 13, 2024 13 14 BARRON & PRUITT, LLP 15 “Ii By: _/s/ William H. Pruitt 16 WILLIAM H. PRUITT, ESQ. Nevada Bar No. 6783 BRE 47 JOSEPH MESERVY, ESQ. Z Nevada Bar No. 14088 18 3890 West Ann Road North Las Vegas, Nevada 89031 19 Attorneys for Defendant 20 21 “Ay _ 4 i é, a a wm 22 IT IS SO ORDERED! Sf . iM 23 I, fo fs fi 24 tf Py ¥ □ 25 UNITED STATES MAGHJTRATEJUDGE 26 DATED: 06-18-24 27 28