Morris et al v. Hernandez et al

Filing 39

ORDER Granting 38 Stipulation to Extend Time. Discovery due by 12/7/2015. Motions due by 1/6/2016. Proposed Joint Pretrial Order due by 2/5/2016. Signed by Magistrate Judge Nancy J. Koppe on 5/27/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-01197-JAD-NJK Document 38 Filed 05/26/15 Page 1 of 6

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SAO
MARJORIE HAUF,ESQ.
Nevada Bar No. 008111
JASON LATHER, ESQ.
Nevada Bar No. 012607
GANZ Hti HAUF

8950 W. Tropicana Ave., Suite 1
Las Vegas, Nevada 89147
Tel: [phone]
Fax:[phone]

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Attorneys for Plaintiffs
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-0009
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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J.M. and I.M., minors by and through
their natural parent and guardian,
JESSICA HARGROVE,

CASE NO.: 2:14-cv-01197-JADNJK

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Plaintiffs,
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vs.

ANDREA
HERNANDEZ;
WALDO
HERNANDEZ; ANITA MOODY; LISA
BROCHU; KIM KALLAS; LISA RUIZ-LEE;
PAULA HAMMACK; DOE Individuals I-X;
ROE CLARK COUNTY DEPARTMENT OF
FAMILY SERVICES EMPLOYEES XI-XX,
individually
in
their
official
and
capacities; COUNTY OF CLARK, a
political subdivision of the State of
Nevada; and ZOE CORPORATIONS XXIXXX,

STIPULATION AND ORDER TO
EXTEND DISCOVERY
(SECOND REQUEST)

Defendants.

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Pursuant to FRCP 6 and FRCP 26, the parties, by and through their

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respective counsel of record, hereby stipulate and agree to jointly move this

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Court for an Order to:

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8950 W. Tropicana Ave., pt
Las Vegas, NV 89147
Phone:[phone]
Fax:[phone]

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Case 2:14-cv-01197-JAD-NJK Document 38 Filed 05/26/15 Page 2 of 6

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1. Extend the discovery cut-off deadline from 08/07/ 15 to 12/07/ 15;

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2. Extend the last date to amend pleadings and add parties from

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05/11/15 to 09/08/15;
3. Extend the date for FRCP 26(a)(2) disclosures (experts) from 06/08/ 15

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to 10/08/ 15;
4. Extend the date to disclose rebuttal expert witnesses from 07/08/ 15 to

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11/09/15;

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5. Extend the date to file dispositive motions from 09/08/ 15 to O 1/06/ 16;

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6. Extend the date to file the Interim Status Report from 06/08/ 15 to

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10/08/15;
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~• Extend the date to file the Joint Pre-Trial Order from 10/08/ 15 to
02/05/ 16; and

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8. Extend the date to file Pre-Trial Disclosures or objections to the Pre-

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Trial Order from 11/06/ 15 to 03/07/ 16.

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I.

DISCOVERY COMPLETED

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Defendants, Anita Moody; Kim Kallas; Lisa Ruiz-Lee; Paula Hammack; and
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County of Clark, provided their Initial Witness and Document Disclosure

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Pursuant to FRCP 26(a)(1) on September 23, 2014, and have since provided eight

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supplemental disclosures. Plaintiffs provided their Initial Witness and Document

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Disclosure Pursuant to FRCP 26(a)(1) on September 24, 2014, and has since

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provided one additional disclosure. Defendant, Lisa Brochu, provided her Initial

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Witness and Document Disclosure Pursuant to FRCP 26(a)(1) on September 29,
2014, and has since provided two supplemental disclosures.

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8950 W. Tropicana Ave., #1
Las Vegas,

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Phone:[phone]
Fax:(702) 598J628

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Case 2:14-cv-01197-JAD-NJK Document 38 Filed 05/26/15 Page 3 of 6

Plaintiffs propounded written discovery on Defendant, County of Clark,

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Defendant responded.

Plaintiffs

propounded

written

discovery

on

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and

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Defendant, Lisa Brochu, and Defendant responded. Defendant, County of Clark,
propounded written discovery on Plaintiff, Jessica Hargrove.

Plaintiff has

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responded to the Requests for Admission; the remaining responses are due June

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4, 2015.

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Defendant Anita Moody and Defendant Lisa Brochu have been deposed.

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The parties have also corresponded regarding the availability of the remaining

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Defendants for their depositions.

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II.

GROUNDS FOR DISCOVERY EXTENSION:

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Default was entered against Defendants, Andrea and Waldo Hernandez, on
After the remaining parties answered and

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August 21, 2014. (Dkt # 15.)

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conducted discovery for several months, counsel for Mr. and Mrs. Hernandez

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appeared. The Default was officially set aside on April 27, 2015. (Dkt # 28.) Mr.

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and Mrs. Hernandez answered Plaintiff's Complaint and County of Clark's Cross-

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Complaint on April 28, 2015. Subsequently, Defendant Brochu filed a Motion for
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Leave to Amend Answer to Assert a Crossclaim against Mr. and Mrs. Hernandez

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as well.

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Meanwhile, all parties, including Mr. and Mrs. Hernandez, have been

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diligently conducting discovery in this case. Defendants disclosed several

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thousand pages of records.
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Additionally, Defendants have designated almost 250 witnesses in their
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disclosures, and it is unclear at this time which witnesses will need to be

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deposed.

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8950 W. Tropicana Ave., q1
Las Vegas, NV 89147
Phone:[phone]
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Case 2:14-cv-01197-JAD-NJK Document 38 Filed 05/26/15 Page 4 of 6

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Therefore, the parties hereby stipulate and request that this Court extend

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discovery in the above-captioned case for another 120 days, up to and including

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December 7, 2015.
The parties recognize that this proposed extension is being sought less

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than twenty-one (21) days before the first upcoming deadline, the deadline for

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FRCP 26(a)(2) disclosures (experts). However, in the interests of fairness to the

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Hernandez Defendants, all parties agree that there is good cause to extend this

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deadline, and the remaining discovery deadlines. The parties first agreed to this

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extension two weeks ago, but with this many parties and attorneys involved, it

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took time to confirm specific details of the extension and stipulation.
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III.

DISCOVERY THAT REMAINS TO BE COMPLETED:

A.

Plaintiffs:

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1. Plaintiffs would like to take the depositions of Defendants, Kim

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Kallas, Lisa Ruiz-Lee, Paula Hammack, Andrea Hernandez, and

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Waldo

Hernandez;

and

additional

witnesses

disclosed

by

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Defendants;
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2. Plaintiffs will propound written discovery upon Defendants,

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Andrea Hernandez and Waldo Hernandez; and

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3. Plaintiffs require additional time to designate experts and

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consider rebuttal experts.

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B.

Defendants:

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1. Defendants would like to take the deposition of the Plaintiff;
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2. Defendants require additional time to potentially designate
experts and consider rebuttal experts; and

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8950 W. Tropicana Ave., #1
Las Vegas, NV 89147
Phone:[phone]
Fax:(702) 598J626

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Case 2:14-cv-01197-JAD-NJK Document 38 Filed 05/26/15 Page 5 of 6

3. Defendants may propound additional written discovery upon

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Plaintiff.

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The parties will continue to work together to get the remaining discovery

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done and depositions completed.
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IV.

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The parties have agreed to extend all of the discovery deadlines in this case

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PROPOSED SCHEDULE FOR COMPLETING DISCOVERY:

by 120 days, as set forth below:
1. Extend the discovery cut-off deadline from 08/07/ 15 to 12/07/ 15;

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2. Extend the last date to amend pleadings and add parties from

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05/11/15 to 09/08/15;
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3. Extend the date for FRCP 26(a)(2) disclosures (experts) from 06/08/ 15

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to 10/08/ 15;

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4. Extend the date to disclose rebuttal expert witnesses from 07/08/ 15 to

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11/09/ 15;

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5. Extend the date to file dispositive motions from 09/08/ 15 to O 1/06/ 16;

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6. Extend the date to file the Interim Status Report from 06/08/ 15 to
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10/08/ 15;

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7. Extend the date to file the Joint Pre-Trial Order from 10/08/ 15 to

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02/05/ 16; and
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///

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///

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8950 W. Tropicana Ave., #1
Las Vegas, NV 89147
Phone:[phone]
Faz:(702) 598J626

Pape 5 Ol 6
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Case 2:14-cv-01197-JAD-NJK Document 38 Filed 05/26/15 Page 6 of 6

8. Extend the date to file Pre-Trial Disclosures or objections to the Pre2
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Trial Order from 11/06/ 15 to 03/07/ 16.
DATED this

26th day of May, 2015.

DATED this

26th day of May, 2015.

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GANZ 8s HAUF

OLSON, CANNON, GORMLEY, ANGULO
8s STOBERSKI

/s/ Jason Lather
MARJORIE HAUF,ESQ.
Nevada Bar No. 008111
JASON LATHER, ESQ.
Nevada Bar No. 12607
8950 W. Tropicana Avenue, Suite 1
Las Vegas, Nevada 89147
Attorney for Plaintiffs

/s/ Felicia Galati
WALTER CANNON, ESQ.
Nevada Bar No. 1505
FELICIA GALATI, ESQ.
Nevada Bar No. 7341
9950 W. Cheyenne Avenue
Las Vegas, NV 89129
Attorney for Defendants, County of
Clark; Anita Moody; Kim Kallas; Lisa
Ruiz-Lee; and Paula Hammack

DATED this ~ ~

DATED this

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day of May, 2015.

26th day of May, 2015.

KEATING LAW GROUP

SAR 8s LEATHAM

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A N ~=EBVRE,ESQ.
N ada Bar No. 000848
J NATHAN BLUM, ESQ.
N ada Bar No. 009515
40 S. Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Attorney for Defendant, Lisa Brochu

/s/ John Keating
JOHN T. KEATING, ESQ.
Nevada Bar No. 6373
9130 W. Russell Road, Suite 200
Las Vegas, Nevada 89148
Attorney for Defendants, Andrea
Hernandez and Waldo Hernandez

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ORDER

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IT IS SO ORDERED
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UNITED STATES MAGISTRATE JUDGE
DATED:

May 27, 2015

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8950 W. Tropicana Ave., #1
Las Vegas, NV 89147
Phone:[phone]
Fax:[phone]

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