Lologo et al v. Wal-Mart Stores, Inc.

Filing 81

ORDER. This case is set for trial on the 8/8/16 at 8:30 a.m. Calendar call shall be held on the 8/1/16 at 9:00 a.m. This represents a FIRM TRIAL DATE. NO FURTHER CONTINUANCES WILL BE GRANTED. An original of each trial brief shall be submitted t o the clerk on or before 7/28/16 at 4:00 p.m.Jury Trials: (1) An original of all instructions requested by either party shall be submitted to the clerk for filing on or before 7/28/16 at 4:00 p.m.; and (2) An original of all suggested questions of the parties to be asked of the jury panel by the court on voir dire shall be submitted to the clerk for filing on or before 7/28/16 at 4:00 p.m. Signed by Chief Judge Gloria M. Navarro on 1/14/16. (Copies have been distributed pursuant to the NEF - PS)

Case 2:13-cv-01493-GMN-PAL Document 80 Filed 01/08/16 Page 1 of 6

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ERIC R. BLANK, ESQ.
Nevada Bar No. 006910
SCOTT E. PHILIPPUS, ESQ.
Nevada Bar No. 013223
WILLIAM B. PALMER, II, ESQ., OF COUNSEL
Nevada Bar No. 001803
LAW OFFICES OF ERIC R. BLANK, P.C.
7860 W. Sahara Avenue, Suite 110
Las Vegas, NV 89117
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBBIN L. LOLOGO, an individual; and
VINCENT J. LOLOGO, an individual,

Case No. 2:13-cv-01493-GMN-PAL

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Plaintiffs,

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v.

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WAL-MART STORES, INC., a Delaware corporation
d/b/a WAL-MART SUPERCENTER STORE #1834;
and DOES I – X, inclusive, and ROE
CORPORATIONS I through X, inclusive,

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Defendants.

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_______________________________________

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Cross-Claimant/Counter Defendant,
v.

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ADVANTAGE SALES & MARKETING LLC, a
foreign corporation; ROE CORPORATIONS I through
XX; and DOES 1 through XX, inclusive,

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Cross-Defendants.

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[FIRST REQUEST – TRIAL
CONTINUANCE]
[FOURTH REQUEST - SCHEDULING
ORDER CONTINUANCE]

WAL-MART STORES, INC., a Delaware corporation
d/b/a WAL-MART SUPERCENTER STORE #1834,

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STIPULATION AND ORDER TO
AMEND SCHEDULING ORDER
TO CONTINUE DATES FOR TRIAL,
CALENDAR CALL AND MOTIONS IN
LIMINE

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Case 2:13-cv-01493-GMN-PAL Document 80 Filed 01/08/16 Page 2 of 6

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ROBBIN L. LOLOGO, an individual; and
VINCENT J. LOLOGO, an individual,

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Plaintiffs,
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v.
ADVANTAGE SALES & MARKETING LLC, a
foreign corporation; ROE CORPORATIONS I through
XX; and DOES I through XX, inclusive,

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Defendants.

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STIPULATION AND ORDER TO AMEND SCHEDULING ORDER
TO CONTINUE DATES FOR TRIAL, CALENDAR CALL AND MOTIONS IN LIMINE

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[FIRST REQUEST – TRIAL CONTINUANCE]
[FOURTH REQUEST - SCHEDULING ORDER CONTINUANCE]

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This STIPULATION TO AMEND SCHEDULING ORDER TO CONTINUE DATES FOR

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TRIAL, CALENDAR CALL AND MOTIONS IN LIMINE is entered into by and between ROBBIN

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L. LOLOGO; VINCENT J. LOLOGO (collectively "Plaintiffs"); WAL-MART STORES, INC.

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("Wal-Mart"); and ADVANTAGE SALES & MARKETING, LLC ("ASM"), by and through their

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attorneys of record, pursuant to LR 6-1(b), LR16-3(b) and LR 26-4 and based upon the following:

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(A)

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This is a slip and fall personal injury case where Plaintiff Robbin Lologo (Robbin) underwent a

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A STATEMENT OF THE REASONS CONTINUANCE IS REQUESTED:

neck surgery. Now, Plaintiffs allege there is a change in circumstances as: (1) Robbin recently
underwent a back surgery on October 3, 2015; (2) Robbin is still undergoing treatment; and (3)
Robbin’s surgeon believes it would be in the best interest of Robbin’s current recovery to postpone the
trial on February 8, 2016.
(B)

THE STIPULATION OF THE PARTIES:

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Based upon the foregoing, the parties stipulate to continue trial for a period of no less than 180
days to a date to be set by the court, to continue motions in limine to be due pursuant to LR 16-3(b) in
conjunction with the new trial date and to continue the calendar call to a date to be set by the court.

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Case 2:13-cv-01493-GMN-PAL Document 80 Filed 01/08/16 Page 3 of 6

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(C)

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A STATEMENT OF DISCOVERY COMPLETED TO DATE:

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Plaintiffs filed the instant action in state court on July 12, 2013 against only Wal-Mart, which

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removed the case to this Court and filed its Answer to Plaintiffs’ Complaint on August 20, 2013.
Plaintiffs and Wal-Mart exchanged initial disclosures of documents and the names of individuals with

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knowledge of the facts pertaining to Plaintiffs' claims against Wal-Mart. Wal-Mart propounded written
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discovery requests to Plaintiffs, including interrogatories and requests for production, and Plaintiffs

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served their responses. Plaintiffs propounded written discovery requests to Wal-Mart, including

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interrogatories and requests for production, and Wal-Mart served its responses. Wal-Mart deposed

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Robbin L. Lologo, Vincent J. Lologo, three witnesses traveling with Plaintiffs at the time of the

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accident, as well as Plaintiffs' three experts. Plaintiffs deposed Wal-Mart's Store Manager and a thirdparty witness.

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Plaintiff Robbin L. Lologo underwent an independent medical examination on December 13,

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2013, a vocational rehabilitation interview on February 5, 2014, and an independent

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neuropsychological examination with Wal-Mart's neuropsychologist on May 9, 2014. Pursuant to a

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second stipulation to extend discovery entered into between Wal-Mart and Plaintiffs, Wal-Mart's

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neuropsychologist provided his expert report following the IME.

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On April 17, 2014, Wal-Mart filed a Third Party Complaint against ASM and ASM filed an

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Answer to Wal-Mart's third party complaint on May 14, 2014. On the same date, ASM sent a demand

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for prior pleadings and discovery to both Plaintiffs and Wal-Mart. Plaintiffs responded on May 16,

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2014.

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Plaintiffs amended their Complaint to add ASM as a Defendant on July 22, 2014. On August 1,

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2014, Wal-Mart filed an Answer to the Plaintiff’s Amended Complaint and asserted a Cross-Complaint

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against ASM. On August 21, 2014, ASM filed an Answer to the Plaintiff’s Amended Complaint and

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asserted a Cross-Complaint against Wal-Mart. On August 21, 2014, ASM filed an Answer to the

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Case 2:13-cv-01493-GMN-PAL Document 80 Filed 01/08/16 Page 4 of 6

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Cross-Claim of Wal-Mart. On September 5, 2014, Wal-Mart filed an Answer to the Cross- Claim of

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ASM.

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ASM propounded written discovery requests to Plaintiffs, including interrogatories and requests

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for production, and Plaintiffs served their responses. Plaintiffs propounded written discovery requests

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to ASM, including interrogatories and requests for production, and ASM served its responses.

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ASM propounded written discovery requests to Wal-Mart, including interrogatories and

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requests for production, and Wal-Mart served their responses. Wal-Mart propounded written discovery
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requests to ASM, including interrogatories and requests for production, and ASM served its responses.
(b)

ACTION BY THE COURT CURRENTLY IN EFFECT
(1)

This case is set for jury trial on the 8th day of February , 2016 at
8 30 a .m. Calendar call shall be held on the 1st day of February , 2016 at
9:00 a.m.

(2)

An original and two (2) copies of each trial brief are be submitted to the clerk on
or before January 28, 2016 no later than 4:00 p.m.

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(3) Jury Trials:

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(a)

An original and two (2) copies of all instructions requested by either
party are be submitted to the clerk for filing on or before January 28,
2016 no later than 4:00 p.m..

(b)

An original and two (2) copies of all suggested questions of the parties to
be asked of the jury panel by the court on voir dire are to be submitted to
the clerk for filing on or before January 28, 2016 no later than 4:00 p.m.

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Case 2:13-cv-01493-GMN-PAL Document 80 Filed 01/08/16 Page 5 of 6

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STIPULATED AND AGREED TO:

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DATED this _______ day of __________, 2016

DATED this _______ day of __________, 2016

LAW OFFICES OF ERIC R. BLANK, P.C.

PHILLIPS, SPALLAS & ANGSTADT LLC

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By:__________________________________
By:__________________________________
ERIC R. BLANK, ESQ.
BRENDA H. ENTZMINGER, ESQ.
Nevada Bar No. 006910
Nevada Bar No. 009800
SCOTT E. PHILIPPUS, ESQ.
MARJAN HAJIMIRZAEE, ESQ.
Nevada Bar No. 013223
Nevada Bar No.
504 South Ninth Street
WILLIAM B. PALMER, II, ESQ., OF COUNS
Nevada Bar No. 001803
Las Vegas, Nevada 89101
7860 W. Sahara Avenue, Suite 110
Telephone: [phone]
Las Vegas, NV 89117
Facsimile: [phone]
Telephone: [phone]
Attorney for Defendant, Wal-Mart Stores, Inc.
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs

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DATED this _______ day of __________, 2016

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MURCHISON & CUMMING, LLP.

By:__________________________________
MICHAEL J. NUÑEZ, ESQ.
Nevada Bar No. 10703
IAN MCMENEMY, ESQ.
Nevada Bar No. 13190
6900 Westcliff Drive, Suite 605
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
Attorneys For Third Party Defendant,
Advantage Sales & Marketing, LLC

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Case 2:13-cv-01493-GMN-PAL Document 80 Filed 01/08/16 Page 6 of 6

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ORDER
IT IS SO ORDERED.
AMENDED ACTION BY THE COURT

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(A)

This case is set for trial on the
day of
be held on the
day of
, 20 at :

(B)

An original
day of

(C)

Jury Trials:

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, 20
.m.

at :

.m. Calendar call shall

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each trial brief shall be submitted to the clerk on or before the
, 20 at :
.m.

(1)

An original of all instructions requested by either party shall be submitted
to the clerk for filing on or before the
day of
, 20 at :
.m.

(2)

An original of all suggested questions of the parties to be asked of the jury panel
by the court on voir dire shall be submitted to the clerk for filing on or before the
day of
, 20 at :
.m.

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January
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DATED: this____ day of ____________, 2016.

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_____________________________________________
UNITED STATES DISTRICT JUDGE

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