Montilla v. Wal-Mart Stores, Inc.
Filing
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ORDER finding as moot 19 Motion to Extend Time. Granting 20 Stipulation to take depositions outside of the close of Discovery and for Plaintiff to disclose a rebuttal expert. Dispositive Motions due by 11/7/2014. Proposed Joint Pretrial Order due by 12/8/2014. Signed by Magistrate Judge Carl W. Hoffman on 8/6/2014. (Copies have been distributed pursuant to the NEF - DKJ)
Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 1 of 5
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BRENDA H. ENTZMINGER
Nevada Bar No. 9800
DANIELA LABOUNTY
Nevada Bar No. 13169
PHILLIPS, SPALLAS & ANGSTADT LLC
504 South Ninth Street
Las Vegas, Nevada 89101
(702) 938-1510
Attorneys for Defendant
Wal-Mart Stores, Inc.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ELIZABETH MONTILLA, individually,
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Case No.: 2:13-cv-02348-GMN-CWH
Plaintiff,
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v.
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WAL-MART STORES, INC., a Foreign
Corporation; DOES I - X, and ROE
CORPORATIONS I - X, inclusive,
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STIPULATION AND PROPOSED ORDER
TO TAKE DEPOSITIONS OUTSIDE THE
CLOSE OF DISCOVERY AND FOR
PLAINTIFF TO DISCLOSE A
REBUTTAL EXPERT
Defendants.
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[SECOND REQUEST]
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Plaintiff ELIZABETH MONTILLA (“Plaintiff”) and Defendant WAL-MART STORES, INC.
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(“Walmart”), by and through their respective counsel of record, do hereby stipulate hereby to the
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following: (1) Plaintiff withdraws, as moot, her Motion to Extend Discovery and Rebuttal Expert
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Disclosure Deadlines, Docket Filing No. 19: (2) to allow the Plaintiff to conduct the depositions of
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Walmart employees identified by the deponents during the depositions of Lisa Shine and Ofelia
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Bombino outside the close of discovery; (2) to allow Plaintiff 30 days to disclose a rebuttal expert; (3)
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allow Walmart 30 days after disclosure to depose Plaintiff’s rebuttal expert; (4) to extend the
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dispositive motion deadline in this matter to 30 days after the final deposition is completed; and (5) to
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extend the pre-trial order deadline to 30 days after the dispositive motion deadline. Pursuant to Local
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Rule 6-1(b), the parties state that this is the second request for an extension of any discovery deadline
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in this matter.
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Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 2 of 5
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Pursuant to Local Rule 26-4, the parties state the following:
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(a) Discovery completed
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The parties have exchanged FRCP 26(a) disclosures and supplements thereto;
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Walmart has deposed Plaintiff Elizabeth Montilla;
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Walmart has deposed Agnes Branham;
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x
Walmart has deposed Dr. Mark Kabins;
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x
Walmart has deposed Dr. Louis Mortillaro;
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x
Walmart has depose Dr. G. Michael Elkanich;
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x
Plaintiff has deposed Lisa Shine;
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x
Plaintiff has deposed Ofelia Bombino;
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x
Plaintiff has served Interrogatories and Requests For Production on Walmart, and
Walmart has served responses and objections thereto;
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Walmart has served Interrogatories and Requests For Production on Plaintiff, and
Plaintiff has served responses and objections thereto; and
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x
Walmart has disclosed affirmative experts; and
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x
Plaintiff has disclosed non-retained treating physicians.
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(b) Specific Description Of Discovery That Remains To Be Completed
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x
Walmart’s deposition of Plaintiff’s treating physicians Dr. David Ginsburg; Dr.
Brian Lemper; and Dr. Daniel Burkhead (to be completed during the discovery
period);
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Plaintiff’s deposition of Walmart employees identified by the deponents during the
depositions of Lisa Shine and Ofelia Bombino;
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x
Plaintiff’s deposition of Walmart’s expert Dr. Stephen McIntire;
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x
Plaintff’s disclosure of an expert to rebut Walmart’s Expert, Dr. Michael Reid’s
opinions; and
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Walmart’s deposition of Plaintiff’s rebuttal expert.
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Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 3 of 5
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(c) Reasons Why The Deadline Was Not Satisfied Or The Remaining Discovery Was Not
Completed Within The Time Limits Set By The Discovery Plan
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The parties stipulate, pending this Court’s approval, that Plaintiff shall have leave to depose
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Walmart’s expert, Stephen McIntire, M.D., Ph.d, the parties aver, pursuant to Local Rule 6-1, that
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good cause and excusable neglect exists for the requested leave. The parties have been unable to
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schedule Dr. McIntire’s deposition during the discovery period, given Dr. McIntire’s professional
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obligations and Plaintiff’s counsel’s trial schedule. The parties have diligently sought to conduct this
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deposition within the discovery period, but Plaintiff’s counsel’s trial schedule and Dr. McIntire’s
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schedule have necessitated scheduling of his deposition outside the discovery period. The parties also
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stipulate the allow Plaintiff to take the depositions of Walmart employees identified during the
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depositions of Lisa Shine and Ofelia Bombino outside the close of discovery. The parties have tried to
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schedule these depositions during the discovery period, but given Plaintiff’s counsel’s trial schedule,
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have been unable to do so.
The parties also stipulate to allow Plaintiff leave to disclose an expert to rebut Walmart’s
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expert, Dr. Michael Reid’s opinions. The parties aver, pursuant to Local Rule 6-1, that good cause and
excusable neglect exists for Plaintiff to disclose such an expert after the expiration of the rebuttal
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expert deadline, as Walmart disclosed Dr. Reid’s supplemental report which contained new opinions
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on May 27, 2014, 30 days after the expert disclosure deadline. The parties further stipulate that
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Walmart will have until 30 days after such a rebuttal expert is disclosed to depose said expert.
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Furthermore, the parties stipulate to extend the dispositive motion deadlines to 30 days after
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the last deposition is conducted and to extend the pre-trial order deadline to 30 days after the
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dispositive motion deadline, pursuant to Local Rule 26-1(e)(5).
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(d) Proposed Schedule For Completing All Remaining Discovery
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The parties note that discovery in this matter will close on August 25, 2014. All discovery in
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this matter has been completed, with the exception of the depositions stated above that will be
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Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 4 of 5
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completed by August 25, 2014, and the depositions the parties have agreed to occur outside the close
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of discovery. Therefore, the parties propose the following deadlines:
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Plaintiff shall have until September 15, 2014 to depose any Walmart employees
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identified by the deponents during the depositions of Lisa Shine and Ofelia Bombino;
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x
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Plaintiff shall have until October 6, 2014 to depose Walmart’s expert, Dr. Stephen
McIntire;
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x
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Plaintiff shall have until September 5, 2014 to disclose an expert to rebut Dr. Michael
Reid’s opinions;
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Walmart shall have until October 6, 2014 to depose Plaintiff’s rebuttal expert;
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The dispositive motion deadline shall be moved to November 7, 2014; and
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The pre-trial order deadline shall be moved to December 8, 2014.
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As part of this stipulation and proposed order, Plaintiff agrees to withdraw her Motion To
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Extend Discovery and Rebuttal Expert Deadlines, Docket Filing No. 19. As the completed discovery
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demonstrates, the parties have been reasonable and diligent in adhering to this Court’s Discovery Plan
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And Scheduling Order in conducting the completed discovery.
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Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 5 of 5
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The parties therefore respectfully request that the parties be granted leave to conduct the
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aforementioned depositions, and for Plaintiff to disclose a rebuttal expert. The parties aver that this
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request is made by the parties in good faith and not for the purpose of delay.
DATED this 5th day of August, 2014
DATED this 5th day of August, 2014.
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/s/ Jerome Bowen
Jerome R. Bowen, Esq
Sarah M. Banda, Esq.
BOWEN LAW OFFICES
9960 W. Cheyenne Avenue
Suite 250
Las Vegas, NV 89129
Attorneys for Plaintiff
/s/ Daniela LaBounty
Daniela LaBounty
PHILLIPS SPALLAS & ANGSTADT
504 South Ninth Street
Las Vegas, Nevada 89101
Attorneys for Defendant
Wal-Mart Stores, Inc.
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IT IS SO ORDERED:
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_____________________________________
UNITED STATES MAGISTRATE JUDGE
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August 6, 2014
DATED:_____________________________
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