Broome v. Albertsons, LLC

Filing 15

ORDER Granting 14 Stipulation. Discovery due by 10/16/2015. Motions due by 11/16/2015. Proposed Joint Pretrial Order due by 12/18/2015. Signed by Magistrate Judge George Foley, Jr on 5/22/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-02157-RFB-GWF Document 14 Filed 05/21/15 Page 1 of 4

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LEW BRANDON, JR., ESQ.
Nevada Bar No.: 5880
DAVE M. BROWN, ESQ.
Nevada Bar No. 12186
TRAVIS H. DUNSMOOR, ESQ.
Nevada Bar No.: 13111
MORAN BRANDON BENDAVID MORAN
630 S. Fourth Street
Las Vegas, Nevada 89101
[phone]
[phone] - facsimile
[e-mail]
Attorneys for Defendant,
ALBERTSON’S, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CATHI BROOME, an individual,
Plaintiff,

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v.

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CASE NO.: 2:14-cv-02157-RFB-GWF

ALBERTSON’S, LLC, a foreign
corporation d/b/a Albertson’s; DOES I
through X; and ROE
CORPORATIONS I through X,
inclusive,

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Defendants.

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STIPULATION AND ORDER FOR EXTENSION/MODIFICATION OF DISCOVERY
PLAN AND SCHEDULING ORDER
(SECOND REQUEST)

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Plaintiff, CATHI BROOME, and Defendant, ALBERTSONS, LLC, by and through

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their undersigned counsel, submit to the Court the following Stipulation and Order for

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Extension/Modification of the Discovery Plan and Scheduling Order pursuant to LR 26-4 (a)

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and to Court Order Document No. 10.

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I.

Local Rule 6-1

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Case 2:14-cv-02157-RFB-GWF Document 14 Filed 05/21/15 Page 2 of 4

Under LR 6-1(b) every stipulation to extend time must inform the court of any previous

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extensions granted and state the reason for the extension requested.
A.

The Requirement of Local Rule 6-1 Are Satisfied

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This is the Second request for extension filed by the parties. This extension is
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requested so that Defendant may continue to compile Plaintiff’s medical records both

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allegedly related to this matter’s subject incident and her pre-incident injuries and treatment.

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Additionally, Defendant has retained a medical expert who is currently reviewing Plaintiff’s

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medical records and will be providing an expert report.

Finally, an FRCP Rule 35

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Examination may be necessary, depending on the opinions contained in the forthcoming
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Medical Records Review.
II.

Local Rule 26-4(a)

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Under LR 26-4 (a) a statement specifying the Discovery completed:

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Both Plaintiff and Defendant have exchanged their initial documents and witness

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disclosures, with supplements thereto.

Additionally, both Plaintiff and Defendant have

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exchanged and responded to written discovery requests.

Defendant has subpoenaed

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Plaintiff’s various disclosed medical providers, but is still awaiting responses from at least

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two (2) of Plaintiff’s known treating providers. Plaintiff’s deposition was completed on

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February 24, 2015.

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III.

Local Rule 26-4(b)

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Under LR 26-4(b) a specific description of the Discovery that remains to be completed:

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The remaining Discovery to be completed involves initial and rebuttal expert

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disclosures, initial and rebuttal experts depositions, Plaintiff’s treating providers, Defendant’s

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30(b)(6) witness(es) and designated fact witnesses. Additionally, Defendant is still awaiting

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Case 2:14-cv-02157-RFB-GWF Document 14 Filed 05/21/15 Page 3 of 4

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responses from at least two (2) remaining providers. Defendant is also awaiting its medical

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expert’s medical records review and report.

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FRCP Rule 35 exam upon receipt and confirmation of Plaintiff’s complete pre- and post-

Lastly, Defendant will potentially request an

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incident treatment history.
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IV.

Under LR 26-4(c) the reasons why Discovery remaining was not completed within the

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Local Rule 26-4(c)

time limits set by the Discovery Plan:

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Defendant had delayed responses to subpoenas from at least three (3) of Plaintiff’s

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known treating providers, and is still awaiting responses from at least two (2) remaining
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providers. Defendant has been diligent in attempting to secure responses to all its subpoenas,

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however, two (2) responses to these subpoenas are still outstanding. Additionally, due to the

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delayed subpoena responses from Plaintiff’s medical providers, Defendant was forced to

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delay the submission of these records to its medical expert for review.

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As a result,

Defendant’s medical expert has yet to complete his medical records review and

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accompanying report.

Finally, due to the existence of possible pre-existing medical

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conditions, an FRCP Rule 35 Exam may be necessary, which has yet to be scheduled.

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V.

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Local Rule 26-4(d)
Under LR 26-4(d) a proposed schedule for completing all remains Discovery:
(i)

Discovery cutoff dates: Extend the current Discovery cutoff date from August

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17, 2015 to a Discovery cutoff date of October 16, 2015;

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(ii)

Expert witness disclosures from June 18, 2015 to a new date of August 17, 2015;

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(iii)

Rebuttal expert witness disclosures from July 17, 2015 to September 18, 2014;

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Case 2:14-cv-02157-RFB-GWF Document 14 Filed 05/21/15 Page 4 of 4

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(iv)

Submittal of the Joint Pre-Trial Order (if no Dispositive Motions are filed) to be

extended to December 18, 2015;
(v)

Interim Status Report from June 18, 2015 to a new date of August 17, 2015; and

(vi)

Final date to file Dispositive Motions extended from September 16, 2015 to

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November 16, 2015.
Therefore, good cause existing, counsel jointly request that this Honorable Court allow
them the above proposed extended Discovery dates.
DATED this 21st day of May, 2015.

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LAW OFFICE OF BENJAMIN NADIG,
CHTD.

MORAN BRANDON BENDAVID
MORAN

/s/ Ben Nadig, Esq.
BEN NADIG, ESQ.
Nevada Bar No. 9876
Law Office of Benjamin Nadig, Chtd.
324 S. Third Street, Suite 200
Las Vegas, Nevada 89101
[phone]
[phone] – facsimile
[e-mail]
Attorney for Plaintiff,
CATHI BROOME

/s/ Lew Brandon, Jr., Esq.
LEW BRANDON, JR., ESQ.
Nevada Bar No. 5880
DAVE M. BROWN, ESQ.
Nevada Bar No. 12186
TRAVIS H. DUNSMOOR, ESQ.
Nevada Bar No.: 13111
630 S. Fourth Street
Las Vegas, Nevada 89101
[e-mail]
Attorneys for Defendant,
ALBERTSONS, LLC

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IT IS SO ORDERED.
____________________________
U.S. Magistrate Judge
May 22, 2015
Dated:_______________________

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