Thompson et al v Autoliv Safety Technology Inc et al

Filing 42

ORDER Granting 41 Stipulated Amended Discovery Plan and Scheduling Order re Damages Expert Deadlines. Signed by Magistrate Judge Lawrence R. Leavitt on 9/3/2010. (Copies have been distributed pursuant to the NEF - SD)

Thompson et al v Autoliv Safety Technology Inc et al

Doc. 42

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MORRIS PETERSON Steve Morris, Bar No. 1543 Email: [e-mail] Ryan Lower, Bar No. 9108 Email: [e-mail] 900 Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101 Telephone: [phone] Facsimile: [phone]

Jeff M. Golub (admitted pro hac vice) Email: [e-mail] 8 BECK, REDDEN & SECREST, L.L.P. 9 1221 McKinney Street, Suite 4500 Houston, Texas 77010 10 Telephone: [phone] Facsimile: [phone] 11
12 Attorneys for Defendant Autoliv ASP, Inc. 13 14 15

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

NICOLE THOMPSON, SHIRLEY THOMPSON, 16 and DENNIS THOMPSON,
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Plaintiffs,

18 vs. 19 AUTOLIV SAFETY TECHNOLOGY INC., a Delaware Corporation; TRW AUTOMOTIVE U.S. LLC, a Delaware Corporation licensed in Nevada, 20 DOE DEFENDANTS I-X and ROE 21 CORPORATIONS I-X, inclusive, 22 23 24 Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 2:09-cv-01375-PMP-LRL

SECOND STIPULATED AMENDED DISCOVERY PLAN AND SCHEDULING ORDER REGARDING DAMAGES EXPERT DEADLINES (SECOND REQUEST)

Pursuant to Local Rule 26-4 of the United States District Court of Nevada, Plaintiffs,

Automotive U.S., LLC hereby submit this 25 Defendant Autoliv ASP, Inc. and Defendant TRW Discovery Plan and Scheduling Order Regarding Damages Expert 26 Second Stipulated Amended 27 Deadlines, as follows: 28
MORRIS PETERSON
ATTORNEYS AT LAW 00 BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LAS VEGAS, NEVADA 89101 702/474-9400 FAX [phone]

Dockets.Justia.com

1 The current Discovery Plan and Scheduling Order dated May 12, 2010, (Doc #39)
2 3 4 Event Expert Disclosures Rebuttal Expert Disclosures Current Deadline September 16, 2010 November 1, 2010

provides, among other deadlines, the following schedule regarding expert disclosures:

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In this Stipulation, the parties request a limited extension of the current deadlines for damages/causationlmedical related experts. The parties do not request any other changes to the current Scheduling Order. To date the parties have been diligently engaging in pretrial discovery. These are some of discovery tasks undertaken to date : 1 · · · · The parties have exchanged Fed. R. Civ. P. 26(a)(I) Initial Disclosures. Plaintiffs provided supplemental Fed. R. Civ. P. 26(a)(I) Initial Disclosures. Plaintiffs responded to written discovery requests from TRW and Autoliv. Defendants TRW and Autoliv ASP responded to written discovery requests from Plaintiffs. · Defendant TRW has served non-party subpoenas on several of Plaintiffs' medical providers to obtain updated medical records. · Defendant Autoliv ASP served a non-party subpoena on Chrysler Group and obtained documents in response related to the previous litigation brought by Plaintiff against Chrysler arising out of the same incident. · Defendant Autoliv ASP served non-party subpoenas to obtain employment and education records related to Plaintiff Nicole Thompson. · · · Defendants TRW and Autoliv ASP deposed each of the Plaintiffs. Plaintiffs deposed a Rule 30(b)(6) representative of Autoliv ASP Plaintiffs deposed a Rule 30(b)(6) representative of TRW.

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MORRIS PETERSON
ATTORNEYS AT LAW 300 BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LAS VEGAS, NEVADA 89101 702/474-9400 FAX [phone]

By listing these tasks, no party hereby stipulates to the completeness of any other party's discovery responses, including depositions. 2

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Despite those diligent efforts, the parties agree that additional discovery remains to be

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completed, including but not limited to obtaining complete updated medical records pertaining to

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Plaintiffs' treatment. Plaintiffs recently indicated that there are additional medical providers from

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which records have not yet been obtained.

It is

unclear exactly when those records will be

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produced by the medical providers. In light of these circumstances, Plaintiffs and Defendants

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agree that additional time is necessary to prepare and furnish damages, causation and medical-

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related expert disclosures. Accordingly, the parties request the Court enter an Amended

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Scheduling Order that extends the expert disclosure dates for damages/causationlmedical-related

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experts as follows:

10 Event 11 12
Expert Disclosures

Previous deadlines

13 Rebuttal Expert Disclosures 14

16, 2010 November 1, 2010
September

New deadlines for damages/causation/medical experts only October 22, 2010 December 7, 2010

The parties do not request any changes to the current deadlines for any other experts, 15 including all liability experts. Thus, initial expert disclosures for liability experts will still be due
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September 16, 2010, and rebuttal liability expert disclosures will still be due November 1, 2010.
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All other deadlines in the May 12, 2010, Stipulated Discovery Plan and Scheduling Order remain 18 unchanged.
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These modifications to the current Scheduling Order are not sought for the purpose of 20 delay or to frustrate the progress of this case, and are sought only to give all parties a limited 21 amount of additional time to coordinate and complete the necessary discovery to prepare and 22 present damages/causationlmedical expert witness disclosures in this case. As the court has not 23 yet set a trial date in this case, permitting the parties the above limited extensions to the current
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MORRIS PETERSON
ATTORNEYS AT LAW 900 BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LAS VEGAS, NEVADA 89101 702/474-9400 FAX [phone]

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1 Scheduling Order will neither interfere with any existing pre-trial obligations nor delay the 2 3 4 5 6 7 8 9 10 11 WEINSTEIN TIPPETTS & LITTLE LLP EDWARD J. ACHREM & ASSOCIATES By: /s/ Edward J. Achrem Edward J. Achrem, Bar No. 2281 512 South Tonopah Drive, #100 Las Vegas, Nevada 89106 Attorney for Plaintiffs MORRIS PETERSON By:
/5/ Ryan Lower Steve Morris, Bar No. 1543 Ryan Lower, Bar No. 9108 900 Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101

progress of this case for trial. IT IS SO STIPULATED.

Jeff M. Golub (admitted pro hac vice) BECK, REDDEN & SECREST, L.L.P. 1221 McKinney Street, Suite 4500 Houston, Texas 77010 Attorneys for Defendant Autoliv ASP, Inc.

12 By: /s/ David R. Tippetts David R. Tippetts (admitted pro hac vice) 13 Katheryne R. MarDock (admitted pro hac vice) WEINSTEIN TIPPETTS & LITTLE LLP 14 7660 Woodway, Suite 500 Houston, Texas 77063 15 MICHAEL E. STOBERSKI, ESQ. 16 Nevada Bar No. 004762 OLSON CANNON GORMLEY & DESRUISSEAUX 17 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 18 Attorneys for Defendant TRWAutomotive US. LLC 19 IT IS SO ORDERED this 20 21 22 23 24 25 26 27 28
MORRIS PETERSON
ATTORNEYS AT LAW 900 BANK OF AMERICA PLAZA 300 SOUTH FOURTH STREET LAS VEGAS, NEVADA 89101 702/474-9400 FAX [phone]

3rd

day of

Sept.

2010.

UNITED STATES MAGISTRATE JUDGE

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