Lombardo v. American Airlines, Inc.

Filing 31

ORDER Granting 30 Stipulation to Amend Discovery Plan. Discovery due by 12/28/2015. Motions due by 1/25/2016. Signed by Magistrate Judge Nancy J. Koppe on 10/6/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-02095-JCM-NJK Document 30 Filed 10/05/15 Page 1 of 5

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JOHN T. KEATING
Nevada Bar No. 6373
KEATING LAW GROUP
9130 W. Russell Road
Suite 200
Las Vegas, Nevada 89148

[e-mail]

[phone] phone
[phone] facsimile
Attorneys for Plaintiff

Alberto Lombardo

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U.S. DISTRICT COURT

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DISTRICT OF NEVADA
ALBERTO LOMBARDO, individually,

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9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

K E A T I N G LAW GROUP

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Plaintiff,

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Case No.: 2:14-cv-2095

vs.

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STIPULATION AND ORDER TO
AMEND DISCOVERY PLAN
(THIRD REQUEST)

AMERICAN
AIRLINES,
INC.,
Foreign
Corporation; DOES I through X, inclusive;
ROE BUSINESS ENTITIES I through X,
inclusive;

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Defendants.

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The parties hereto, by and through their respective undersigned counsel hereby submit

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the following Stipulation and Order to Amend Discovery Plan pursuant to Fed. R. Div. P. 26(b),

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LR 6-1 and LR 26-4:

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(a) Discovery Completed to date:

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1.

On February 5, 2015, Plaintiff served its' Initial Disclosure of Witnesses and

Documents;
.

2.

On February 11, 2015, Defendant served Plaintiff with its Initial Disclosure of

witnesses and Documents;
3.
Scheduling

On March 3, 2015, the court approved the Stipulated Discovery Plan and

Order;

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Case 2:14-cv-02095-JCM-NJK Document 30 Filed 10/05/15 Page 2 of 5

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4.

On April 7, 2015, Defendant served Plaintiff with Request for Admissions,

Interrogatories and Request for Production of Documents;
5.

On April 7, 2015, Defendant requested Plaintiff sign HIPAA-compliant medical

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records authorization for release of medical records, employment record authorization for

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release of employment records and Nevada Prescription Monitoring Program authorization for

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release of narcotic treatment records;

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On February 11, 2015, Defendant served Plaintiff with its Initial Disclosure of

Witnesses and Documents;
7.

On April 7, 2015, Defendant served Plaintiff with Request for Admissions,

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9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

K E A T I N G LAW GROUP

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6.

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Interrogatories and Request for Production of Documents;
8.

On May 5, 2015, Plaintiff answered Defendant's Interrogatories, Request for

Production of Documents and Responses to Request for Admissions;
9.

On May 21, 2015, Defendant answered Plaintiff's Interrogatories and Request

for Production of Documents;
10.

On May 28, 2015, Defendant served Plaintiff with its Second Interrogatories.

June 4, 2015;
11.

On June 7, 2015 Defendant served it First Supplement to FRCP 26.1

Disclosures;
12.

On June 12, 2015, Plaintiff served Defendant with his Second Request for

Production of Documents;
13.

On June 16, 2015, Plaintiff served Defendant with his Third Request for

Production of Documents;
14.

On June 25, 2015, Defendant served it’s Third Supplement to FRCP 26.1

Disclosures;

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15.

On June 29, 2015, Defendant served its Designation of Expert Witnesses;

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16.

On July 14, 2015, Plaintiff took the depositions of Defendant’s employees Janet

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9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

K E A T I N G LAW GROUP

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Caldwell-Dirito, Sheila Hobin and Captain David Rubin;
17.

On July 15, 2015, Defendant served its Second Supplement to FRCP 26.1

Disclosures
18.

On July 17, 2015, Defendant served it’s Third Supplement to FRCP 26.1

Disclosures;
19.

On July 20 2015, Defendant served its Fourth Supplement to FRCP 26.1

Disclosures;
20.

On July 20, 2014, Plaintiff served his Fourth Request for Production of

Documents to Defendant;
21.

On July 22, 2015, Defendant served it’s Fifth Supplement to FRCP 26.1

Disclosures;
22.

On July 22, 2015, Defendant responded to Plaintiff’s Second and Third Request

for Production of Documents;
23.

On July 27, 2015, Defendant served it’s Sixth Supplement to FRCP 26.1

Disclosures;
24.

On July 28, 2015, Defendant served it’s Seventh Supplement to FRCP 26.1

Disclosures;
25.

On August 14, 2015, Defendant took the deposition of the Plaintiff, Alberto

Lombardo;

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26.

On August 16, 2015, Plaintiff noticed the deposition of Julie Gillespie-Resnisky;

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27.

On August 17, 2015, Defendant served it’s Eighth Supplement to FRCP 26.1

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Disclosures;

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28.

On August 27, 2015 Plaintiff served his Designation of Expert Witnesses;

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29.

On August 31, 2015, Defendant served it’s Ninth Supplement to FRCP 26.1

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Disclosures;

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Disclosures;

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30.

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On September 9, 2015, Defendant served it’s Tenth Supplement to FRCP 26.1

On September 9, 2015, Plaintiff re-noticed the deposition of Julie Gillespie-

Resnisky;

26.1 Disclosures;

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9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

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K E A T I N G LAW GROUP

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On September 10, 2015, Defendant served it’s Eleventh Supplement to FRCP

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On September 15, 2015, Defendant took the deposition of witness, Robert

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Foreman.

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(b) Discovery that remains to be completed:

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1.

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Take the deposition of an additional flight attendant, Julie Gillespie-Resnisky

(previously scheduled, but cancelled due to witness’ unavailability);

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2.

Take depositions of Plaintiff’s treating physicians;

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3.

Take depositions of each party’s designated experts.

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(c) Reasons discovery cannot be completed within previous time limits:

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The parties have been working diligently to complete discovery within the time ordered

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in this matter. However, due to the availability of witnesses who reside outside the State of

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Nevada, including the Defendant’s flight attendant Julie Gillespie-Resnisky, and Plaintiff’s
aviation expert, Robert Nester, the parties have been unable to conduct all necessary

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discovery in this matter. In addition, the parties have been in settlement negotiations and are

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endeavoring to reach a resolution of this matter. However, in the event a settlement cannot

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be reached, the parties respectfully seek an additional sixty (60) days to complete discovery.

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Case 2:14-cv-02095-JCM-NJK Document 30 Filed 10/05/15 Page 5 of 5

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(d) Amended Schedule for Completing Remaining Discovery:
Current Schedule pursuant
to June 29, 2015 Order
Amended Schedule

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Discovery Deadline

10/26/2015

12/28/2015

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Last Day to Amend/Add Parties:

05/29/2015

No change

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Disclosure of Initial Experts:

06/29/2015

No change

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Disclosure of Rebuttal Experts:

09/28/2015

No change

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LR 26-3 Interim Status Report

06/29/2015

No change

Dispositive Motion filing deadline

11/25/2015

01/25/2016

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9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

K E A T I N G LAW GROUP

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DATED: October 5, 2015

DATED: October 5, 2015

KEATING LAW GROUP

P E R R Y & W ES TB R O O K

s/John T. Keating

s/Alan W. Westbrook

___________________________
JOHN T. KEATING
Nevada Bar No. 6373
9130 W. Russell Road
Suite 200
Las Vegas, Nevada 89148
Attorneys for Plaintiff

__________________________
Alan W. Westbrook, Esq.
1701 W. Charleston Boulevard
Suite 200
Las Vegas, NV 89102
Attorneys for Defendant

American Airlines, Inc.

Alberto Lombardo

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ORDER

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IT IS SO ORDERED.

6th
October
DATED this ___ day of ____________, 2015.

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UNITED STATES MAGISTRATE JUDGE

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