McCabe v. Wal-Mart Stores, Inc. et al

Filing 11

ORDER Granting 10 Stipulation to Extend Discovery Deadlines. Discovery due by 9/2/2015. Motions due by 10/5/2015. Proposed Joint Pretrial Order due by 11/2/2015. Signed by Magistrate Judge Carl W. Hoffman on 5/28/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-01987-JAD-CWH Document 10 Filed 05/27/15 Page 1 of 4

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BRENDA H. ENTZMINGER
Nevada Bar No. 9800
AMTOJ S. RANDHAWA
Nevada Bar No. 13746
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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SUZY MCCABE,

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Case No.: 2:14-01987-JAD-CWH
Plaintiff,

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v.

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WAL-MART STORES, INC., WALMART
NEIGHBORHOOD MARKET, DOE
MAINTENANCE EMPLOYEE, DOE
EMPLOYEE, DOE JANITORIAL
EMPLOYEE, DOE OWNER, I-V, ROE
EMPLOYER, and ROE COMPANIES,

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
DEADLINES
[FIRST REQUEST]

Defendants.

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Comes now Plaintiff SUZY MCCABE (“Plaintiff”) and Defendant WAL-MART STORES,

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INC. (“Walmart”), by and through their respective counsel of record, and hereby stipulate to the

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extension of all remaining discovery deadlines by thirty days. The parties therefore propose the

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following revised discovery plan.

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Pursuant to Local Rule 6-1(b), the parties hereby aver that this is the first such discovery
extension requested in the matter.

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DISCOVERY COMPLETED TO DATE
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The parties have conducted an FRCP 26(f) conference and have served their respective FRCP

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26(a)

disclosures.

Both

parties

have

propounded

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interrogatories, requests for admission and requests for production. Both parties have answered

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written

discovery

requests—including

Case 2:14-cv-01987-JAD-CWH Document 10 Filed 05/27/15 Page 2 of 4

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propounded written discovery requests. Plaintiff’s FRCP 35 Independent Medical Evaluation was held

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on Friday, May 22, 2015. The parties have scheduled Plaintiff’s deposition for Tuesday, June 9, 2015.

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DISCOVERY TO BE COMPLETED AND
REASONS FOR EXTENSION OF DISCOVERY

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Discovery to be completed includes: additional written discovery; deposition of fact witnesses;

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depositions of Plaintiff’s treating physicians; disclosure of expert witnesses; depositions of expert
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witnesses and rebuttal expert witnesses.

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Despite the good faith efforts of the parties to comply with the Court’s discovery deadlines,

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Plaintiff was unavailable for a Rule 35 Independent Medical Evaluation until May 22, 2015. The delay

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in conducting the Rule 35 Independent Medical Evaluation in conjunction with the voluminous

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amount of medical records the parties’ respective experts must review constitute good cause for a

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thirty day extension of all remaining discovery deadlines by thirty days.

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[PROPOSED] NEW DISCOVERY DEADLINE

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Expert Disclosure Deadline

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Current: June 3, 2015
Proposed: July 3, 2015

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Rebuttal Expert Disclosure

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Current: July 3, 2015
Proposed: August 3, 2015

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Interim Status Report
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Current: June 3, 2015
Proposed: July 3, 2015

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Dispositive Motions

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Current: September 3, 2015
Proposed: October 5, 2015

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//
//
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Case 2:14-cv-01987-JAD-CWH Document 10 Filed 05/27/15 Page 3 of 4

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Pre-Trial Order
Current: October 2, 2015
Proposed: November 2, 2015
Discovery Cut-off Date
Current: August 3, 2015
Proposed: September 2, 2015

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If this extension is granted, all anticipated additional discovery should be concluded within its
stipulated extended deadlines. The parties aver that this request for extension of discovery deadlines
is made by the parties in good faith and not for the purpose of delay.

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Dated this 27th day of May, 2015.

Dated this 27th day of May, 2015.

/s/ Adrian Karimi
Adrian Karimi
Nevada Bar No. 13514
MORRIS ANDERSON LAW FIRM
716 S. Jones Blvd.
Las Vegas, NV 89107

/s/ Brenda H. Entzminger
Brenda H. Entzminger
Nevada Bar No. 9800
PHILLIPS SPALLAS & ANGSTADT
504 South Ninth Street
Las Vegas, NV 89101

Attorneys for Plaintiff
Suzy McCabe

Attorneys for Defendant
Wal-Mart Stores, Inc.

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ORDER

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IT IS SO ORDERED:

UNITED STATES MAGISTRATE JUDGE

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DATED: May 28, 2015
DATED:

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Case 2:14-cv-01987-JAD-CWH Document 10 Filed 05/27/15 Page 4 of 4

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CERTIFICATE OF SERVICE

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I hereby certify that on the 27th day of May, 2015, I served a true and correct copy of the

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foregoing, STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY

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DEADLINES, [FIRST REQUEST], by facsimile and by U.S. Mail, in a sealed envelope, first-class

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postage fully prepaid, addressed to the following counsel of record, at the address listed below:
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ATTORNEY OF RECORD
RYAN M. ANDERSON, ESQ.
Nevada Bar No. 11040
KIMBALL JONES, ESQ.
Nevada Bar No. 12982
MORRIS ANDERSON
716 S. Jones Blvd.
Las Vegas, NV 89107

TELEPHONE/FAX
Phone [phone]
Fax [phone]

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/s/ Amtoj S. Randhawa
An Employee of PHILLIPS, SPALLAS & ANGSTADT LLC

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PARTY
Plaintiff