Phipps et al v. Clark County School District et al

Filing 122

ORDER Granting 121 Stipulation to Extend Deadlines. Motions due by 8/14/2015. Proposed Joint Pretrial Order due by 9/14/2015. Signed by Magistrate Judge Peggy A. Leen on 6/2/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:13-cv-00002-GMN-PAL Document 121 Filed 05/27/15 Page 1 of 7

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3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

GREENBERG TRAURIG, LLP

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MARK E. FERRARIO
Nevada Bar No. 1625
KARA B. HENDRICKS
Nevada Bar No. 7743
LANDON LERNER
Nevada Bar No. 13368
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone:
[phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Counsel for Defendants
Clark County School District, D. Couthen,
M. Caldwell and J. Schell
UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA
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JOHN PHIPPS, individually, and as Guardian
ad litem for MONTGOMERY PHIPPS; DINA
PHIPPS,
Plaintiffs,

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vs.
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LACHELLE DEANNE JAMES; CLARK
COUNTY SCHOOL DISTRICT, a Political
Subdivision of the State of Nevada; D.
COUTHEN; M. CALDWELL; J. SCHELL;
DOES I through X; and ROES I through X,
inclusive,

No. 2:13-cv-00002

STIPULATION AND ORDER TO EXTEND
EXPERT DEPOSITION AND
DISPOSITIVE MOTION DEADLINES
[FIRST REQUEST]
Discovery Closes:

June 1, 2015

Defendants.

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Pursuant to Local Rule 26-4, IT IS HEREBY STIPULATED AND AGREED by and

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between Plaintiffs John Phipps, individually, and as a guardian ad litem for Montgomery Phipps

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and Dina Phipps (collectively, “Plaintiffs”) together with the Clark County School District

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(“CCSD”), D. Couthen, M. Caldwell, and J. Schell (CCSD, Couthen, Caldwell, and Schell are
LV 420457354v2 120810.010600

Case 2:13-cv-00002-GMN-PAL Document 121 Filed 05/27/15 Page 2 of 7

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collectively referred to herein as “Defendants”) 1 that the deadline for taking expert depositions be

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extended to July 23, 2015. The Parties 2 further stipulate to extend the dispositive motion deadline

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to August 14, 2014 and to extend the pretrial order filing date to September 14, 2015, if dispositive

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motions are not timely filed. The Parties will file the joint pretrial order by November 13, 2015

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regardless of whether the dispositive motions have been decided.

out of state and have scheduling conflicts and the expert depositions cannot be completed prior to

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the current close of discovery. There are a total of three experts that need to be deposed. The

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depositions of two of the expert are scheduled to be completed in June and the third is scheduled to

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be completed in July, when the expert is planning to be in Las Vegas for another matter. Despite

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the Parties’ collective best efforts, the experts simply do not have availability prior to June and July,

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3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

The parties request this extension because the experts for both Plaintiffs and Defendants are

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GREENBERG TRAURIG, LLP

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respectively. Accordingly, good cause exists to extend the expert deposition and dispositive motion

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deadline in this matter.

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1.

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Discovery completed:
a. To date, the parties have exchanged their initial disclosure documents pursuant to

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FRCP 26(f).

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b. Defendants served early disclosures on January 31, 2013.

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c. Defendants served their initial disclosures on June 18, 2014.

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d. Plaintiffs served their initial disclosures on July 1, 2014.

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e. Plaintiffs served their first production request and first interrogatories request on

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July 14, 2014.

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f. Defendants served their first production request and first interrogatories request

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on July 17, 2014

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g. Plaintiffs answered Defendants’ first production request and first interrogatories

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request on September 2, 2014.

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2

Defendant Lachelle James has not yet appeared in this case.
Plaintiffs and Defendants are collectively referred to herein as the “Parties.”

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h. Plaintiffs served their second request for production of documents to Defendants
on September 2, 2014.
i. Defendants answered Plaintiffs’ first production request and first interrogatories
request on September 3, 2014.

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j. Defendants served their first supplemental disclosures on September 3, 2014.

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k. Plaintiffs served their third request for production of documents to Defendants on

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September 9, 2014.

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l. Defendants served subpoena duces tecum on September 18, 2014 to various

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medical providers referenced in Plaintiffs’ answers to Defendant’s First

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Interrogatories.
m. Plaintiffs served their first supplemental initial disclosures on October 2, 2014.

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3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

GREENBERG TRAURIG, LLP

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n. Defendants served their responses to Plaintiffs’ second request for production of

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documents on October 6, 2014.
o. Counsel for the parties met and conferred regarding discovery issues on October
8, 2014.
p. Defendants served their responses to Plaintiffs’ third request for production of
documents on October 14, 2014.
q. Plaintiffs supplemented their answers to Defendant’s first interrogatories and first
set of requests for production of documents on November 25, 2014.
r. Defendants served their disclosures of names and contact information pursuant to
Order on Motion to Compel on January 21, 2015.

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s. Defendants served their third supplemental disclosures on January 27, 2015.

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t. Plaintiffs served their fourth request for production of documents to Defendants

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and second production request to D. Couthen on February 12, 2015.

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u. Defendants served their fourth supplemental disclosures on February 17, 2015.

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v. Defendants served their fifth supplemental disclosures on February 18, 2015.

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w. Defendants served their second requests for production of documents on

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Plaintiffs; Plaintiffs served their fifth request for production of documents to

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Defendants; and Plaintiffs served their sixth request for production of documents

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to Defendants on February 25, 2015.

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x. Defendants served their sixth supplemental disclosures on March 2, 2015.

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y. Defendants served their seventh supplemental disclosures and responses to

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Plaintiff’s fourth request for production of documents on March 16, 2015.

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z. Defendants served their eighth supplemental disclosures and D. Couthen’s

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response to Plaintiff’s second request for production of documents on March 19,

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2015.
aa. Defendants served their ninth supplemental disclosures and supplemental

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3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

GREENBERG TRAURIG, LLP

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responses to Plaintiff’s fourth request for production of documents on March 27,

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2015.

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bb. Defendants served their tenth supplemental disclosures; responses to Plaintiff’s

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fifth request for production of documents; responses to Plaintiff’s sixth request

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for production of document; and Plaintiff’s served their answers to Defendants’

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second production request and answers to Defendants’ second interrogatories on

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March 30, 2015.

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cc. Defendants served their first set of requests for admissions on Plaintiffs on April
6, 2015.
dd. Plaintiffs served their seventh request for production of documents and second
set of interrogatories on Defendants on April 10, 2015.
ee. Plaintiffs served their seventh request for production of documents on
Defendants on April 10, 2015.
ff. Plaintiffs served their eighth request for production of documents and third set of
interrogatories on Defendants on April 21, 2015.
gg. Defendants served their eleventh supplemental disclosures on May 5, 2015.

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hh. Defendants served their twelfth supplemental disclosures, responses to Plaintiff’s

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seventh set of requests for production of documents and responses to Plaintiff’s

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second set of interrogatories on May 11, 2015.

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ii. Defendants served their thirteenth supplemental disclosures, responses to

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Plaintiff’s eighth set of request for production of documents and answers to

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Plaintiff’s third set of interrogatories on May 14, 2015.
jj. Defendants served subpoenas for records on Advanced Behavioral Care,

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Walgreens, Solomon’s Porch, Dr. Charles Mahakian M.D., Dinesh Talwar M.D.,

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Dr. Srinivas N. Halthore M.D., the Lovaas Center, Tenaya Surgical Center, IU

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Health Methodist Hospital, Brandye E. Tinson, M.S., MFT-I, Marvin Picollo

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School and Plaintiff’s medical provider in Reno.

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3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

GREENBERG TRAURIG, LLP

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kk. Plaintiffs deposed Maria Amaya, Christopher Chin, Jason Fico, Tyler Hall,

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Stephanie Harris, James Ketsaa, Matt Caldwell, Jeffery Schell, Darnell Couthen,

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Lachelle James Coleman, Zachary Brewer, Donald “Doc” Harris, Claudia

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Walthers, and have scheduled 30(b)(6) depositions on a number of categories.

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ll. Defendants deposed Dina Phipps and have scheduled the deposition of John

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Phipps and Joy Kurowski.

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mm.

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nn. Defendants served their rebuttal expert witness disclosures.

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2.

Plaintiffs served their expert witness disclosures.

Discovery Remaining:

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a. Three expert depositions. (All experts reside out of state. The Parties have

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tentatively scheduled two depositions out of state in June and one on July 23,

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2015 when the expert will be in Las Vegas on another matter.)

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3.

Proposed Modification: Based on the foregoing, the parties seek to modify the

discovery plan as follows:
a.

Deadline for completing expert depositions: July 23, 2015.

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f.

Deadline for filing dispositive motions: Extended from June 29, 2015 to

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August 14, 2015.

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g.

Deadline for filing joint pretrial order: Extended from July 29, 2015 to

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September 14, 2015.

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The Parties will file the joint pretrial order by November 13, 2015 regardless of whether the

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dispositive motions have been decided as previously directed by the Court.
This request is made in good faith and not for purposes of delay.

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IT IS SO STIPULATED.

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3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

GREENBERG TRAURIG, LLP

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Dated this 27th day of May, 2015.

Dated this 27th day of May, 2015.

GREENBERG TRAURIG, LLP

MURDOCK & ASSOCIATES, CHTD.

/s/ Kara B. Hendricks
MARK E. FERRARIO
Nevada Bar No. 1625
KARA B. HENDRICKS
Nevada Bar No. 7743
LANDON LERNER
Nevada Bar No. 13368
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Counsel for Clark County School District,
D. Couthen, M. Caldwell and J. Schell

/s/ Robert E. Murdock
ROBERT E. MURDOCK
Nevada Bar No. 4013
521 S. Third Street
Las Vegas, NV 89101
Counsel for Plaintiff

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IT IS SO ORDERED.

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IT IS FURTHER ORDERED that, in any future submissions for signature to this court,
the parties shall comply with LR 6-2(a) in that the ". . . signature block shall not be on a
separate page, but shall appear approximately one inch below the last typewritten matter
on the right-hand side of the last page . . . ."

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Dated this 2nd day of June, 2015.
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_________________________
Peggy A. Leen
United States Magistrate Judge