Stedeford v. Wal-Mart Stores, Inc.

Filing 36

ORDER Granting 35 Stipulation Establishing Parameters for FRCP 34 Site Inspection. Signed by Magistrate Judge Peggy A. Leen on 11/02/2015. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:14-cv-01429-JAD-PAL Document 35 Filed 10/26/15 Page 1 of 2

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BRENDA H. ENTZMINGER
Nevada Bar No. 9800
TIMOTHY J. LEPORE
Nevada Bar No. 13908
PHILLIPS, SPALLAS & ANGSTADT LLC
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]
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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RUTH ANN STEDEFORD,

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Case No.:

2:14-cv-01429-JAD-PAL

Plaintiff,

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v.

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WAL-MART STORES, INC., and DOES I-X
and ROE CORPORATIONS I-X, inclusive,

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STIPULATION ESTABLISHING
PARAMETERS FOR FRCP 34 SITE
INSPECTION BY PLAINTIFF RUTH
ANN STEDEFORD

Defendants.

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COME NOW, Plaintiff RUTH ANN STEDEFORD, by and through her counsel of record, the
law firm of INJURY LAWYERS OF NEVADA, and Defendant WAL-MART STORES, INC.
(“Walmart”), by and through its counsel of record, the law firm of PHILLIPS, SPALLAS &

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ANGSTADT LLC, and pursuant to the provisions of FRCP 34(a)(2)(b)(1), the parties agree, and
hereby stipulate, that the inspection shall be conducted within the following parameters:

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At 11:00 a.m., on October 28, 2015, at the premises of Walmart Store No. 5101, located at 300

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South Highway 160, Pahrump, Nevada, Defendant shall permit Plaintiff, Ruth Ann Stedeford;

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Plaintiff’s counsel, Jared Anderson, Esq.; and Plaintiff’s designated expert, Thomas A. Jennings

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(collectively, “Plaintiff’s group”) entry upon designated land or other property in control of the party

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upon whom request is served for the express purposes of inspection, measurement, surveying,
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photography, and non-destructive and non-invasive testing of the property, specifically the floor near

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Case 2:14-cv-01429-JAD-PAL Document 35 Filed 10/26/15 Page 2 of 2

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the self-checkout area upon which Plaintiff allegedly fell on December 11, 2013, and the surrounding

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area for a distance of up to ten (10) feet in any or all directions from the location of Plaintiff’s alleged

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fall, using only manual and visual inspection, measuring and surveying tools, such as a hand-operated

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English XL device or similar device to measure coefficient of friction.
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Members of Plaintiff’s group may utilize still photography of the area upon which Plaintiff fell

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on December 11, 2013, and the surrounding area for a distance of up to ten (10) feet in any or all

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directions from the location of Plaintiff’s alleged fall, but may not create a videotape or recording of

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any kind. No member of Plaintiff’s group shall speak to any member of Walmart personnel during the

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inspection.

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DATED this 26th day of October, 2015.

DATED this 26th day of October, 2015.

INJURY LAWYERS OF NEVADA

PHILLIPS, SPALLAS & ANGSTADT LLC

/s/ Jared Anderson
JARED ANDERSON, ESQ.
Nevada Bar No. 9747
6900 Westcliff Drive, Suite 707
Las Vegas, Nevada 89145
[phone]

/s/ Timothy J. Lepore
TIMOTHY J. LEPORE
Nevada Bar No. 13908
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]

Attorneys for Plaintiff
Ruth Ann Stedeford

Attorneys for Defendant
Wal-Mart Stores, Inc.

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IT IS SO ORDERED.

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DATED this 2nd day of

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November

2015.
, 201

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U
UNITED STATES MAGISTRATE JUDGE
UNITED STATES MAGISTRATE JUDGE
ED TA
D
G R
U E
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