Villa v. High Noon West, LLC, et al

Filing 34

ORDER Granting 33 Stipulation to Amend Discovery Plan. Discovery due by 2/24/2016. Motions due by 3/25/2016. Proposed Joint Pretrial Order due by 4/25/2016. Signed by Magistrate Judge Cam Ferenbach on 8/25/2015. (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.

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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,
Defendants.

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

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Whereas, the Court has not ruled on the Motion to Dismiss by the Defendants, fully
briefed as of October 14, 2014;

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Whereas, counsel for the parties are working on written discovery, have completed 2

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depositions (one in New York and one in Los Angeles, California) and are in the process of

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scheduling the depositions of Brent Gauches (in Los Angeles, California) formerly with

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Defendant High Noon West, LLC, and that of Plaintiff, but scheduling issues will not allow

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these depositions to be completed until at least September 2015, and there are expected

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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 they have no

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liability, and need an operative pleading decided before any MSJ could be filed;
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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801 S. Casino Center Blvd., Suite 104
Las Vegas, Nevada 89101
702-240-7979 • Fax [phone]

CHRISTIANSEN LAW OFFICES

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of resolution discussions;

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

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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.

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

CHRISTIANSEN LAW OFFICES

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A. Pre-Discovery Disclosures.The parties exchanged disclosures in or around 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:
1. Subject of Discovery.
Discovery will be needed on the following subjects:
a.

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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 540 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 Wednesday, February 24, 2015.

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The parties agree to request 540 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 540

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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 Thursday,

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November 26, 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 Monday, December 28, 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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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, January 25, 2016.

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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 Friday, March 25, 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, April 25, 2016. If dispositive motions are timely filed, the

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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 filed on

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Thursday, July 30, 2015. The next interim status report shall be filed on Thursday,

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December 24, 2015 which is not later than sixty (60) days before the discovery cut-off.

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APPROVED AS TO FORM AND CONTENT:
Dated: August 24, 2015
Dated: August 24, 2015
SELMAN BREITMAN LLP
CHRISTIANSEN LAW OFFICES

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

/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, NV 89101
Attorneys for Plaintiffs

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ORDER

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Good Cause appearing therefore, IT IS SO ORDERED.

_____________________________________
UNITED STATES MAGISTRATE JUDGE
August 25, 2015
DATED:______________________________

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