Doutre v. Aranas et al

Filing 71

ORDER Granting 68 Stipulation to Extend Discovery Deadlines. Discovery due by 10/6/2015. Motions due by 11/5/2015. Proposed Joint Pretrial Order due by 12/7/2015. Signed by Magistrate Judge Cam Ferenbach on 7/24/2015. (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,

(Third
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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amended by the Court’s May 18, 2015 Order granting the parties’ second request to extend

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discovery deadlines as 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.

On May 15, 2015, the parties filed a Stipulation to Extend Discovery Deadline

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(Second Request) (Dkt. 65) with the Court, requesting the discovery deadline be extended to

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August 7, 2015.

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5.

The Court granted that request on May 18, 2015 (Dkt. 66).

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6.

On May 29, 2015, Defendants filed a Notice of Association of Counsel (Dkt. 67)

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adding Frederick J. Perdomo as counsel for Defendants. Mr. Perdomo is substituting as counsel

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while Ms. McKay is on maternity leave.

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7.

Plaintiff has completed the following discovery to date:
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. That

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deposition was set for May 27, 2015 at 9:00 a.m. and has been

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subsequently continued pursuant to agreement;
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;
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

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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
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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
Disclosures;

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k.

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

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Supplemental Response to Plaintiff’s Request for Production of

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Documents Number 12;
l.

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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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On May 13, 2013, Defendants served their Third Supplement to

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The following discovery remains to be completed:
a.

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Plaintiff duly noticed the deposition of Dr. Syed Ahmad for May 27, 2015.

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Pursuant to agreement, the parties have continued the deposition due to a

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scheduling conflict and to facilitate settlement discussions.
b.

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Plaintiff duly noticed the deposition of Defendant Dr. Romeo Aranas for

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May 18, 2015 at 10:30 a.m. Pursuant to agreement, the parties have

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continued the deposition to facilitate settlement discussions.
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 currently

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outstanding. Pursuant to agreement, the parties have agreed to continue
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the Defendants’ response deadline to a date uncertain to be agreed upon in

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the event the parties are unable to reach a settlement.
10.

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Discovery cannot be completed within the time scheduled for the following

reasons:
a.

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The parties previously requested a sixty (60) day extension of the

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discovery deadline to facilitate settlement discussions after the parties

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renewed settlement discussions on May 15, 2015.
b.

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While the parties have been engaged in settlement discussions since May,
they have been unable to reach a resolution to date.

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c.

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The parties continue to work towards a settlement resolution but

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settlement discussions have been delayed due to Rick Perdomo’s recent

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association into this case and Plaintiff’s counsel’s difficulties in reaching

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their client.
d.

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Accordingly, the parties need additional time to engage in settlement
discussions.

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e.

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In addition, even if the parties were to cease settlement discussions in the

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near future, it would be nearly impossible to complete discovery by the

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August 7, 2015 deadline. The parties still need to re-set the depositions of

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Dr. Aranas and Dr. Ahmad in addition to possibly depositing additional

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witnesses who have recently been discovered through the discovery

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process.
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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 August 7, 2015.

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The parties hereby stipulate to extend the discovery cut-off date by sixty (60) days to October 6,

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2015.
b.

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Dispositive Motions: The deadline to file dispositive motions is currently

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set for September 7, 2015. The parties hereby stipulate to extend the dispositive motion deadline

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to November 5, 2015, which is thirty (30) days after the proposed close of discovery.
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c.

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Pretrial Order: The deadline for the Court’s pretrial order is currently set

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for October 7, 2015. The parties hereby stipulate to extend the Pretrial Order deadline to

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December 7, 2015, thirty-two (32) days after the proposed dispositive motion deadline as the

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thirtieth day otherwise falls on a Saturday.
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 anticipate that because at least one party

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intends to file a dispositive motion in this case if the matter does not settle, a January 2016 trial

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date may not be possible.

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

Court enter an order granting the requested extension.
DATED this 9th day of July, 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 9th day of July, 2015.
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ATTORNEY GENERAL’S OFFICE
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By
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/s/ Frederick J. Perdomo
Frederick J. Perdomo, 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
7-24-2015
DATED: ________________________________

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