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

Filing 39

ORDER Granting 38 Stipulation for FRCP 34 Site Inspection. Signed by Magistrate Judge Carl W. Hoffman on 8/21/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-01987-JAD-CWH Document 38 Filed 08/20/15 Page 1 of 3

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BRENDA H. ENTZMINGER
Nevada Bar No. 9800
AMTOJ S. RANDHAWA, ESQ.
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] ESTABLISHING
PARAMETERS FOR FRCP 34 SITE
INSPECTION BY PLAINTIFF SUZY
MCCABE

Defendants.

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COME NOW, Plaintiff SUZY MCCABE (“Plaintiff”), by and through her counsel of record,
MORRIS ANDERSON law firm, and Defendant WAL-MART STORES, INC. (“Walmart”), by and

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through its counsel of record, the law firm of PHILLIPS, SPALLAS & ANGSTADT LLC, and

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pursuant to the provisions of FRCP 34(a)(2)(b)(1), the parties agree, and hereby stipulate, that the
34(a)-(b)(1),

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inspection shall be conducted within the following parameters:

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At or around 7:00 a.m. on Wednesday, August 26, 2015, at the premises of Walmart Store No.
3355, located at 1400 S. Lamb Blvd, Las Vegas, Nevada (“premises”), Defendant shall permit no

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more than two (2) individuals from Plaintiff’s counsel’s law firm of record, Morris Anderson, and
Plaintiff’s designated expert (collectively, “Plaintiff’s group”) entry upon the premises for the express
purposes of inspection, measurement, surveying, photography, and non-destructive and non-invasive

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Case 2:14-cv-01987-JAD-CWH Document 38 Filed 08/20/15 Page 2 of 3

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testing of the property. Said inspection, measurement, surveying, photography, co-efficient of friction

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testing, and non-destructive and non-invasive testing shall be directed to the floor upon which Plaintiff

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allegedly fell on November 4, 2012. This area includes a distance of up to twenty feet in any or all
directions from the location of Plaintiff’s alleged fall in the “vegetable area” of the Produce

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Department. Plaintiff’s group may remain on the premises for one hour beginning at 7:00 a.m. on
August 26, 2015 and ending at 8:00 a.m. on August 26, 2015.

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Members of Plaintiff’s group may not utilize videotape or video or audio recording of any

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

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inspection. Plaintiff is permitted to photograph only her path of travel to the location at which she
allegedly fell and only the location at which she allegedly fell. Plaintiff is not permitted to take any

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other photographs.
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Case 2:14-cv-01987-JAD-CWH Document 38 Filed 08/20/15 Page 3 of 3

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This is a complete and accurate memorialization of the parties’ agreement. No other use of the
premises, other than the uses expressly delineated herein, will be permitted.

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Respectfully submitted by:
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DATED: 20th day of August, 2015

DATED: 20th day of August, 2015

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MORRIS ANDERSON

PHILLIPS, SPALLAS & ANGSTADT LLC

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/s/ Ryan Anderson

/s/ Amtoj S. Randhawa

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RYAN ANDERSON, ESQ.
Nevada Bar No. 11040
716 S. JONES BLVD.
Las Vegas, Nevada 89107
[phone]

AMTOJ S. RANDHAWA
Nevada Bar No. 13746
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]

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
DATED: August 21, 2015

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Dated this _______day of ___________, 2015.

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UNITED STATES MAGISTRATE JUDGE

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