Montilla v. Wal-Mart Stores, Inc.

Filing 21

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)

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Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 1 of 5 1 2 3 4 5 6 7 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. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ELIZABETH MONTILLA, individually, 11 Case No.: 2:13-cv-02348-GMN-CWH Plaintiff, 12 v. 13 WAL-MART STORES, INC., a Foreign Corporation; DOES I - X, and ROE CORPORATIONS I - X, inclusive, 14 STIPULATION AND PROPOSED ORDER TO TAKE DEPOSITIONS OUTSIDE THE CLOSE OF DISCOVERY AND FOR PLAINTIFF TO DISCLOSE A REBUTTAL EXPERT Defendants. 15 [SECOND REQUEST] 16 17 Plaintiff ELIZABETH MONTILLA (“Plaintiff”) and Defendant WAL-MART STORES, INC. 18 (“Walmart”), by and through their respective counsel of record, do hereby stipulate hereby to the 19 following: (1) Plaintiff withdraws, as moot, her Motion to Extend Discovery and Rebuttal Expert 20 Disclosure Deadlines, Docket Filing No. 19: (2) to allow the Plaintiff to conduct the depositions of 21 Walmart employees identified by the deponents during the depositions of Lisa Shine and Ofelia 22 Bombino outside the close of discovery; (2) to allow Plaintiff 30 days to disclose a rebuttal expert; (3) 23 allow Walmart 30 days after disclosure to depose Plaintiff’s rebuttal expert; (4) to extend the 24 25 dispositive motion deadline in this matter to 30 days after the final deposition is completed; and (5) to 26 extend the pre-trial order deadline to 30 days after the dispositive motion deadline. Pursuant to Local 27 Rule 6-1(b), the parties state that this is the second request for an extension of any discovery deadline 28 in this matter. -1- Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 2 of 5 1 Pursuant to Local Rule 26-4, the parties state the following: 2 (a) Discovery completed 3 x The parties have exchanged FRCP 26(a) disclosures and supplements thereto; x Walmart has deposed Plaintiff Elizabeth Montilla; 6 x Walmart has deposed Agnes Branham; 7 x Walmart has deposed Dr. Mark Kabins; 8 x Walmart has deposed Dr. Louis Mortillaro; 9 x Walmart has depose Dr. G. Michael Elkanich; 10 x Plaintiff has deposed Lisa Shine; 11 x Plaintiff has deposed Ofelia Bombino; 12 x Plaintiff has served Interrogatories and Requests For Production on Walmart, and Walmart has served responses and objections thereto; x Walmart has served Interrogatories and Requests For Production on Plaintiff, and Plaintiff has served responses and objections thereto; and 16 x Walmart has disclosed affirmative experts; and 17 x Plaintiff has disclosed non-retained treating physicians. 4 5 13 14 15 18 (b) Specific Description Of Discovery That Remains To Be Completed 19 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); x Plaintiff’s deposition of Walmart employees identified by the deponents during the depositions of Lisa Shine and Ofelia Bombino; 24 x Plaintiff’s deposition of Walmart’s expert Dr. Stephen McIntire; 25 x Plaintff’s disclosure of an expert to rebut Walmart’s Expert, Dr. Michael Reid’s opinions; and x Walmart’s deposition of Plaintiff’s rebuttal expert. 20 21 22 23 26 27 28 -2- Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 3 of 5 1 2 (c) Reasons Why The Deadline Was Not Satisfied Or The Remaining Discovery Was Not Completed Within The Time Limits Set By The Discovery Plan 3 The parties stipulate, pending this Court’s approval, that Plaintiff shall have leave to depose 4 Walmart’s expert, Stephen McIntire, M.D., Ph.d, the parties aver, pursuant to Local Rule 6-1, that 5 good cause and excusable neglect exists for the requested leave. The parties have been unable to 6 schedule Dr. McIntire’s deposition during the discovery period, given Dr. McIntire’s professional 7 obligations and Plaintiff’s counsel’s trial schedule. The parties have diligently sought to conduct this 8 deposition within the discovery period, but Plaintiff’s counsel’s trial schedule and Dr. McIntire’s 9 10 schedule have necessitated scheduling of his deposition outside the discovery period. The parties also 11 stipulate the allow Plaintiff to take the depositions of Walmart employees identified during the 12 depositions of Lisa Shine and Ofelia Bombino outside the close of discovery. The parties have tried to 13 schedule these depositions during the discovery period, but given Plaintiff’s counsel’s trial schedule, 14 15 have been unable to do so. The parties also stipulate to allow Plaintiff leave to disclose an expert to rebut Walmart’s 16 17 18 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 19 expert deadline, as Walmart disclosed Dr. Reid’s supplemental report which contained new opinions 20 on May 27, 2014, 30 days after the expert disclosure deadline. The parties further stipulate that 21 Walmart will have until 30 days after such a rebuttal expert is disclosed to depose said expert. 22 Furthermore, the parties stipulate to extend the dispositive motion deadlines to 30 days after 23 the last deposition is conducted and to extend the pre-trial order deadline to 30 days after the 24 25 dispositive motion deadline, pursuant to Local Rule 26-1(e)(5). 26 (d) Proposed Schedule For Completing All Remaining Discovery 27 The parties note that discovery in this matter will close on August 25, 2014. All discovery in 28 this matter has been completed, with the exception of the depositions stated above that will be -3- Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 4 of 5 1 completed by August 25, 2014, and the depositions the parties have agreed to occur outside the close 2 of discovery. Therefore, the parties propose the following deadlines: 3 x Plaintiff shall have until September 15, 2014 to depose any Walmart employees 4 identified by the deponents during the depositions of Lisa Shine and Ofelia Bombino; 5 x 6 Plaintiff shall have until October 6, 2014 to depose Walmart’s expert, Dr. Stephen McIntire; 7 x 8 9 Plaintiff shall have until September 5, 2014 to disclose an expert to rebut Dr. Michael Reid’s opinions; 10 x Walmart shall have until October 6, 2014 to depose Plaintiff’s rebuttal expert; x The dispositive motion deadline shall be moved to November 7, 2014; and x The pre-trial order deadline shall be moved to December 8, 2014. 11 12 13 14 As part of this stipulation and proposed order, Plaintiff agrees to withdraw her Motion To 15 Extend Discovery and Rebuttal Expert Deadlines, Docket Filing No. 19. As the completed discovery 16 demonstrates, the parties have been reasonable and diligent in adhering to this Court’s Discovery Plan 17 And Scheduling Order in conducting the completed discovery. 18 // 19 20 // 21 // 22 // 23 // 24 25 // // 26 27 28 // // -4- Case 2:13-cv-02348-GMN-CWH Document 20 Filed 08/05/14 Page 5 of 5 1 The parties therefore respectfully request that the parties be granted leave to conduct the 2 aforementioned depositions, and for Plaintiff to disclose a rebuttal expert. The parties aver that this 3 4 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. 5 6 7 8 9 10 /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. 11 IT IS SO ORDERED: 12 13 _____________________________________ UNITED STATES MAGISTRATE JUDGE 14 15 August 6, 2014 DATED:_____________________________ 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

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