Doutre v. Aranas et al

Filing 66

ORDER Granting 65 Stipulation. Discovery due by 8/7/2015. Motions due by 9/7/2015. Proposed Joint Pretrial Order due by 10/7/2015. Signed by Magistrate Judge Cam Ferenbach on 5/18/2015. (Copies have been distributed pursuant to the NEF - DC)

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Patrick J. Reilly, Esq.
Nevada Bar No. 6103
Andrea M. Champion, Esq.
Nevada Bar No. 13461
Holland & Hart LLP
9555 Hillwood Drive, Second Floor
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SEAN T. DOUTRE,

Case No. : 2:12-cv-00772-RFB-VCF

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Plaintiff,
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vs.

STIPULATION
AND
ORDER
TO
EXTEND DISCOVERY DEADLINES

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DR. ROMEO ARANAS, BENEDICTO
GUTIERREZ, CHERYL DRESSLER, B.
OLIVER, AND DOE DEFENDANT,

(Second Request – Submitted
Compliance with LR 26-4)

in

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Defendants.
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STIPULATION

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Plaintiff Sean T. Doutre, by and through his counsel of record, Holland & Hart LLP, and

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Defendants Dr. Romeo Aranas, Benedicto Gutierrez, and Cheryl Dressler, by and through their

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counsel of record, the State of Nevada Office of the Attorney General, hereby stipulate to extend

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the deadlines for discovery within the Court’s January 6, 2015 Amended Scheduling Order as

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follows:

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1.

On January 5, 2015, the Plaintiff filed a Stipulation and Order to Amend the

Scheduling Order (Dkt. 59).

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2.

An Amended Scheduling Order was entered on January 6, 2015 (Dkt. 60).

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3.

The Court’s Amended Scheduling Order set the discovery deadline in this action

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for June 8, 2015.

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4.

Plaintiff has completed the following discovery to date:
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a.

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On December 22, 2014, Plaintiff served his Initial Disclosures to
Defendants;

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b.

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on December 22, 2014, Plaintiff served his First Set of Interrogatories to
Defendants;

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c.

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On December 22, 2014, Plaintiff served his First Set of Requests for
Admissions to Defendants;

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d.

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On December 22, 2014, Plaintiff served his First Set of Requests for
Production of Documents to Defendants;

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e.

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On April 16, 2015, Plaintiff served Carson Tahoe Regional Healthcare

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with a Subpoena to Produce Documents, Information, or Objects or to

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Permit Inspection of Premises.

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requested documents from Carson Tahoe Regional Healthcare on or about

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May 11, 2015;
f.

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Plaintiff subsequently received the

On April 16, 2015, Plaintiff served Valley Hospital Medical Center with a

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Subpoena to Produce Documents, Information, or Objects or to Permit

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Inspection of Premises.

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documents from Carson Tahoe Regional Healthcare on or about May 12,

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2015;
g.

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Plaintiff subsequently received the requested

On April 21, 2015, Plaintiff deposed Defendant Benedicto Gutierrez at a
duly noticed deposition;

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h.

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On April 30, 2015, Plaintiff served Dr. Syed Ahmad with a Subpoena to

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Testify at a Deposition or to Produce Documents in a Civil Action. The

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deposition of Dr. Syed Ahmad is currently set for May 27, 2015 at 9:00

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a.m.;
i.

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On May 1, 2015, Plaintiff served Defendants with a Third Amended

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Notice of Deposition for Defendant Dr. Romeo Aranas. That deposition

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was set for May 18, 2015 at 10:30 a.m. and has been subsequently

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continued pursuant to agreement;
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j.

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Plaintiff’s Initial Disclosures;

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k.

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On May 6, 2015, Plaintiff served his Second Set of Requests for
Production of Documents to Defendants;

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l.

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On May 6, 2015, Plaintiff served his Second Set of Interrogatories to
Defendants; and

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m.

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On May 11, 2015, Plaintiff served Defendants with his Second
Supplement to Plaintiff’s Initial Disclosures.

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On May 6, 2015, Plaintiff served Defendants with his First Supplement to

5.

Defendants have completed the following discovery to date:
a.

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On December 23, 2014, Defendants served their Initial Disclosures to
Plaintiff;

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b.

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On March 9, 2015, Defendant Romeo Aranas served Plaintiff with his
Responses to Plaintiff’s First Set of Interrogatories;

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c.

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On March 9, 2015, Defendant Benedicto Gutierrez served Plaintiff with
his Responses to Plaintiff’s First Set of Interrogatories;

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d.

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On March 9, 2015, Defendant Romeo Aranas served Plaintiff with his
Responses to Plaintiff’s First Set of Requests for Admissions;

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e.

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On March 9, 2015, Defendant Benedicto Gutierrez served Plaintiff with
his Responses to Plaintiff’s First Set of Requests for Admissions;

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f.

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On March 9, 2015, Defendant Cheryl Dressler served Plaintiff with her
Response to Plaintiff’s First Set of Requests for Admissions;

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g.

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On March 17, 2015, Defendants served their First Supplement to
Disclosures;

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h.

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On March 17, 2015, Defendants served their Responses to Plaintiff’s First
Set of Requests for Production of Documents to Plaintiff;

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i.

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On March 24, 2015, Defendant Cheryl Dressler served her Amended
Responses to Plaintiff’s First Set of Interrogatories;

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j.

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On May 5, 2015, Defendants served their Second Supplement to
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Disclosures;

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k.

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Response to Plaintiff’s Request for Production of Documents Number 12;

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l.

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On May 13, 2013, Defendants served their Third Supplement to
Disclosures; and

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m.

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On May 15, 2015, Defendants deposed Plaintiff Sean T. Doutre at a duly
noticed deposition.

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May 5, 2015, Defendants served Plaintiff with their Second Supplemental

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The following discovery remains to be completed:
a.

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Plaintiff’s deposition of Dr. Syed Ahmad is currently set for May 27, 2015
at 9:00 a.m. but will likely be rescheduled due to a scheduling conflict;

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b.

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Plaintiff’s deposition of Defendant Dr. Romeo Aranas was set for May 18,

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2015 at 10:30 a.m. but has been subsequently continued pursuant to

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agreement. The parties have not set a new date for the deposition;
c.

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Either Party may need to depose additional witnesses, recently discovered
through the discovery process;

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d.

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Defendants’ responses to Plaintiff’s Second Set of Interrogatories and

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Second Set of Request for Production of Documents is due on June 6,

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2016. No other written discovery needs to be completed.

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7.

Discovery cannot be completed within the time scheduled for the following

reasons:
a.

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The primary purpose of the instant request for a sixty (60) day extension is

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to facilitate settlement discussions. On May 15, 2015, following

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Defendants’ deposition of Plaintiff Sean T. Doutre, the parties renewed

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settlement discussions. To facilitate settlement, the parties have agreed to

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continue discovery (including the May 18, 2015 deposition of Dr. Aranas).
b.

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In addition, on May 14, 2015, the day prior to renewing settlement

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discussions, counsel for Plaintiff spoke to counsel for Dr. Syed Ahmad, a

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fact witness in this case who is currently set to be deposed on May 27,
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2015. Plaintiff’s counsel was informed that Dr. Ahmad was requesting

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$700.00 per hour for his deposition testimony and would likely need his

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deposition rescheduled due to a scheduling conflict. Dr. Ahmad’s counsel

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has indicated that she may not be available until after the June 8, 2015

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discovery deadline. Therefore, regardless of the outcome of the parties’

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settlement discussions, Dr. Ahmad’s deposition will likely occur outside

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the currently set discovery deadline. Moreover, Plaintiff’s counsel and

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counsel for Dr. Ahmad are currently engaged in discussions to reduce, or

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waive, Dr. Ahmad’s deposition fees for his appearance in this case.
c.

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Finally, the parties may need to depose additional witnesses due to recent

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deposition testimony and Defendants’ recent (and outstanding) discovery

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responses.
8.

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The parties propose the following schedule for the remaining discovery:
a.

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Discovery cut-off: Discovery is currently set to close on June 8, 2015.

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The parties hereby stipulate to extend the discovery cut-off date to August 7, 2015 for the

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limited purpose of completing deposition testimony.
b.

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Dispositive Motions: The deadline to file dispositive motions is currently

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set for July 8, 2015. The parties hereby stipulate to extend the dispositive motion deadline to

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September 7, 2015, which is thirty (30) days after the proposed close of discovery.
c.

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Pretrial Order: The parties hereby stipulate to extend the Pretrial Order to

October 7, 2015, thirty (30) days after the proposed dispositive motion deadline.
d.

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Trial: On April 8, 2015, the parties filed their Joint Interim Status Report.

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Within the report, the parties proposed a January 2016 trial date to accommodate counsel for

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both parties counsel’s maternity leave. The parties’ stipulation will not affect this proposed trial

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date.

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9.

This extension is sought in good faith and the parties respectfully request that the

Court enter an order granting the requested extension.
DATED this 15th day of May, 2015.

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HOLLAND & HART LLP

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By

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/s/ Andrea M. Champion
Patrick J. Reilly, Esq.
Andrea M. Champion, Esq.
Attorneys for Plaintiff

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DATED this 15th day of May, 2015.
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ATTORNEY GENERAL’S OFFICE
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By
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/s/ Denise S. McKay
Denise S. McKay, Esq.
Attorneys for Defendants

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ORDER

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IT IS SO ORDERED:
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_______________________________________
UNITED STATES MAGISTRATE JUDGE
May 18, 2015
DATED: ________________________________

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