Villa v. High Noon West, LLC, et al

Filing 30

ORDER Granting 29 Stipulation to Extend Discovery Dates. Discovery due by 12/2/2015. Motions due by 1/7/2016. Proposed Joint Pretrial Order due by 2/8/2016. Signed by Magistrate Judge Cam Ferenbach on 4/15/2015. (Copies have been distributed pursuant to the NEF - DC)

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PETER S. CHRISTIANSEN, ESQ.
Nevada Bar No. 5254
[e-mail]
R. TODD TERRY, ESQ.
Nevada Bar No. 6519
[e-mail]
KENDELEE L. WORKS, ESQ.
Nevada Bar No. 9611
[e-mail]
CHRISTIANSEN LAW OFFICES
810 South Casino Center Blvd., Suite 104
Las Vegas, Nevada 89101
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT

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810 S. Casino Center Blvd., Suite 104
Las Vegas, Nevada 89101
702-240-7979 • Fax [phone]

CHRISTIANSEN LAW OFFICES

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DISTRICT OF NEVADA

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JESUS VILLA,

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CASE NO.:

2:14-cv-01107-RFB-VCF

Plaintiff,
vs.
HIGH NOON WEST, LLC; COURTROOM
TELEVISION NETWORK LLC d/b/a
truTV; TURNER BROADCASTING
SYSTEM, INC.; TIME WARNER INC.;
DOES 1 through 20
ROE CORPORATION 1 through 20,
inclusive,

STIPULATION TO AMEND INITIAL
DISCOVERY PLAN AND
SCHEDULING ORDER; PROPOSED
AMENDED DISCOVERY PLAN AND
SCHEDULING ORDER
[Special Scheduling Review Requested]

Defendants.

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Whereas, the Court has not ruled on the Motion to Dismiss by the Defendants, fully

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briefed as of October 14, 2014;
Whereas, counsel for the parties are working on written discovery, have completed 2

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depositions (one in New York) and are in the process of scheduling the depositions of Brent

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Gauches, formerly with Defendant High Noon West, LLC, and that of Plaintiff, however

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scheduling issues will not allow these depositions to be completed until at least June 2015, and

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there are expected additional depositions to be noticed and taken;

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Whereas, each of the Defendants intends to file a Motion for Summary Judgment, based

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in part on their claim that Plaintiff signed multiple pre-accident releases and at least two of the

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Defendants, Turner Broadcasting System, Inc. and Time Warner, Inc. believe as parent

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companies of Defendant Courtroom Television Network, LLC dba truTV and this have no

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liability, and need an operative pleading decided before any MSJ could be filed;

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Whereas, counsel for the parties have held off on retention of experts due to the above,

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that issues may be narrowed in the case, and such expenses may be saved and possibly be a part

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of resolution discussions;
Thus, pursuant to the Court’s Local Rule 26-1(d), Plaintiff JESUS VILLA, by and

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801 S. Casino Center Blvd., Suite 104
Las Vegas, Nevada 89101
702-240-7979 • Fax [phone]

CHRISTIANSEN LAW OFFICES

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through his counsel of record, Peter S. Christiansen, Esq., R. Todd Terry, Esq. and Kendelee L.

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Works, Esq. of the Christiansen Law Offices, and Defendants HIGH NOON WEST, LLC,

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COURTROOM TELEVISION NETWORK LLC d/b/a truTV, TURNER BROADCASTING

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SYSTEM, INC., and TIME WARNER INC., by and through their counsel of record, Craig

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Breitman, Esq. and Eric O. Freeman, Esq. of the law offices of Selman Breitman LLP, submit

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this stipulated Amended Discovery Plan and Scheduling Order.
I.
26(f)/LR26-1 Conference and Discovery Plan

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1. There are no changes to be made in the timing, form, or requirement for disclosures

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under Rule 26(a). On October 21, 2014 Kendelee L. Works, Esq. for the Plaintiff, Jesus Villa,

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and Eric O. Freeman, Esq. and Craig Breitman, Esq. for the Defendants, High Noon West, LLC;

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Courtroom Television Network LLC d/b/a truTV; Turner Broadcasting System, Inc.; and Time

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Warner Inc. met and conferred as required by Fed. R. Civ P. 26(f) and LR 26-1(d). Plaintiff and

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Defendant have made their respective FRCP Productions pursuant to this Rule.

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2. Discovery will be conducted on liability, damages, contractual claims and defenses,

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extra-contractual claims and defenses and other topics permissible under Rule 26(A). The

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parties agree that discovery need not be conducted in phases focused on any particular issues.

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3. The parties do not anticipate any potential limitations to be imposed on discovery.

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II.
Scheduling Order

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A. Pre-Discovery Disclosures.The parties have exchanged disclosures in or around

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November 4, 2014, as required by Fed.R.Civ.P. 26(a).
B. Discovery Plan. The parties jointly propose to the Court the following discovery plan:

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1. Subject of Discovery.
Discovery will be needed on the following subjects:
a.

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801 S. Casino Center Blvd., Suite 104
Las Vegas, Nevada 89101
702-240-7979 • Fax [phone]

CHRISTIANSEN LAW OFFICES

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All claims set forth in Plaintiff’s Complaint as well as the defenses
relevant to the action.

b.

The circumstances of the alleged accident.

2. Discovery Cut-Off Date(s).

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Discovery will take 450 days, measured from September 2, 2014, which is the

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date Defendants filed their Motion to Dismiss, and means all discovery must be

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completed by Tuesday, December 2, 2015.

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The parties agree to request 450 days because of a few extraordinary

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circumstances. Defendants High Noon West, LLC, Courtroom Television

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Network LLC d/b/a truTV, Turner Broadcasting System, Inc., and Time Warner

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Inc. have not answered Plaintiff’s Amended Complaint due to a pending Motion

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to Dismiss Plaintiff’s filed on September 2, 2014. Further, Plaintiff's medical

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records are still being updated. As it stands now, Plaintiff has eight medical

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providers, which will require extensive evaluation and depositions within the 450

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days requested.

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Additionally, the parties plan to take the deposition of multiple witnesses and or

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agents, some of which may be located outside the State of Nevada and thus, will

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likely require travel.

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3. Amending the Pleadings and Adding Parties.

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The last date for filing motions to amend the pleading or to add parties shall not

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be later than 90 days prior to the close of discovery. In this action, the last date

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for filing motions to amend the pleadings or add parties shall be Wednesday,

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September 4, 2015.

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4. FRCP 26(a)(2) Disclosures (Experts).
The last day for disclosure of expert witnesses shall be 60 days before the

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discovery cut-off date. In this action, the last date for disclosure of experts shall

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be Friday, October 5, 2015.

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The date for the disclosure of rebuttal expert witnesses shall be 30 days after the

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initial disclosure of experts. In this action, the last date for the rebuttal disclosure

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of experts shall be Monday, November 5, 2015.

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801 S. Casino Center Blvd., Suite 104
Las Vegas, Nevada 89101
702-240-7979 • Fax [phone]

CHRISTIANSEN LAW OFFICES

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5. Dispositive Motions.

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The last date for filing dispositive motions shall not be later than 30 days after

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the discovery cut-off date. In this action, the last date for filing dispositive

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motions shall be Thursday, January 7, 2016.

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6. Pretrial Order.

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The joint pretrial order shall be filed no later than 30 days after the date set for

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filing dispositive motions. In this action, the joint pretrial order shall be filed on

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or before Monday, February 8, 2016. If dispositive motions are timely filed,

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the date for filing the Pretrial Order shall be suspended.
7. FRCP 26(a) Disclosures.

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The disclosures required by FRCP 26(a)(3) and any objection thereto shall be

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included in the pretrial order.

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C. Interim Status Report. In compliance with LR 26-3, an interim status report was to be

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filed on April 3, 2015, and is being filed on April 14, 2015 making the next one due

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Friday, July 31, 2015, and thereafter as the Court may provide, including one which is

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not later than sixty (60) days before the discovery cut-off.

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623033.1 1891.36891

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APPROVED AS TO FORM AND CONTENT:

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Dated: April 14, 2015

Dated: April 14, 2015

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SELMAN BREITMAN LLP

CHRISTIANSEN LAW OFFICES

/s/ Eric O. Freeman, Esq.
ERIC O. FREEMAN, ESQ.
Nevada Bar No. 6648
3993 Howard Hughes Parkway,
Suite 200
Las Vegas, Nevada 89169-0961
Attorney for Defendants

/s/ Kendelee L. Works, Esq.
PETER S. CHRISTIANSEN, ESQ.
Nevada Bar No. 5254
KENDELEE L. WORKS, ESQ.
Nevada Bar No. 9611
810 S. Casino Center Blvd., Suite 104
Las Vegas, Nevada 89101
Attorneys for Plaintiffs

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801 S. Casino Center Blvd., Suite 104
Las Vegas, Nevada 89101
702-240-7979 • Fax [phone]

CHRISTIANSEN LAW OFFICES

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ORDER
Good Cause appearing therefore, IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
DATED: April 15, 2015

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