Lopez-Villanueva v. Marin et al

Filing 21

ORDER Granting 19 Motion to Extend Deadlines. Discovery due by 12/28/2015. Motions due by 1/27/2016. Proposed Joint Pretrial Order due by 2/26/2016. Signed by Magistrate Judge Peggy A. Leen on 10/27/15. (Copies have been distributed pursuant to the NEF - MMM)

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Kym Samuel Cushing, Esq.
Nevada Bar No. 4242
Raymond E. McKay, Esq.
Nevada Bar No. 8569
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
[phone]; FAX [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
MARIO RODRIGUEZ MARIN and FFE TRANSPORTATION SERVICES, INC.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JUAN R. LOPEZ-VILLANUEVA,

CASE NO.: 2:15-ccv-00156-JAD-PAL

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Plaintiff,
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v.
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MARIO RODRIGUEZ MARIN; FFE
TRANSPORTATION SERVICES, INC., DOES I
through XX, inclusive and ROE BUSINESS
ENTITIES I through XX, inclusive,

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STIPULATION/JOINT MOTION FOR
EXTENSION OF DISCOVERY
DEADLINES (SECOND REQUEST)

Defendants.
Defendants MARIO RODRIGUEZ MARIN and FFE TRANSPORTATION SERVICES,
INC. (“Defendants”), by and through its attorneys of record, KYM SAMUEL CUSHING, ESQ. and
RAYMOND E. MCKAY, ESQ. of the law office of WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER LLP, and Plaintiff JUAN R. LOPEZ-VILLANUEVA (“Plaintiff”), by and through its
counsel, ANTHONY L. ASHBY, ESQ. of the LADAH LAW FIRM, hereby stipulate and agree
pursuant to LF 26-4 that the discovery deadlines previously scheduled in this action be extended, as
described in more detail below. Pursuant to LR 26-4, the parties jointly submit to the Court the
following:
A.

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Statement Specifying The Discovery Completed:
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

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On February 27, 2015 the Joint Status Report was filed.



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On February 25, 2015 the Early Case Conference was held.

On March 13, 2015 the Stipulated Discovery Plan and Scheduling Order was entered.

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Case 2:15-cv-00156-JAD-PAL Document 19 Filed 10/15/15 Page 2 of 4



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All parties have served their initial disclosure of documents and witnesses and
continue to serve supplemental disclosures as necessary.

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

All parties have served their initial disclosure of expert witnesses.

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

All parties have actively engaged in discovery, propounding and/or responding to

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interrogatories, requests for production of documents and tangible items, and requests

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for admissions.

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

Plaintiff’s deposition was conducted on May 27, 2015.

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

Trooper Amber Poehl’s deposition was conducted on August 21, 2015.

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

Defendant Mario Rodriquez Marin’s deposition was conducted on October 9, 2015.

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B:

Specific Description Of The Discovery That Remains To Be Completed:

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

Deposition of witness driver Nahun Rafael Rubi.

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

Depositions of witness passenger Pablo Israel Aguilar.

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Deposition of vehicle owner Javier Reyes.

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

Deposition of FFE Transportation Services’ designated NRCP 30(b)(6)

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representative.

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Depositions of treating providers.

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Depositions of all parties’ experts.

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C.

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All parties have worked diligently with respect to propounding and completing written

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Reasons Why The Discovery Remaining Was Not Completed Within The Time
Limits Set By The Discovery Plan:

discovery and scheduling depositions. The parties have recently become aware that key witness
Nahun Rafael Rubi is currently incarcerated and additional time is needed in order to conduct his
deposition. As such, the parties stipulate and request that this Court extend the discovery deadlines
for sixty (60) days for the purpose of allowing the parties to take all necessary depositions and
proceed with further settlement discussions.
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Case 2:15-cv-00156-JAD-PAL Document 19 Filed 10/15/15 Page 3 of 4

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D.

Proposed Schedule for Completing Remaining Discovery:

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The parties propose the following schedule for completing discovery:

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Current Date

Proposed Date

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Interim Status Report:

August 28, 2015

October 29, 2015

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Close of discovery:

October 28, 2015

December 28, 2015

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Final date to file dispositive
motions:

November 27, 2015

January 27, 2015

Pretrial Order Due:

December 28, 2015

February 26, 2015

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E.

LR 26-7(b) Certification of Counsel

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On October 7, 2015, Raymond McKay, Esq., counsel for defendant, communicated with

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Anthony L. Ashby, Esq., counsel for plaintiff, regarding extending the discovery and pre-trial

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deadlines.

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approximately 60 days.

The parties agreed to extend the current discovery and pre-trial deadlines by

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Dated this 15th day of October, 2015.

Dated this 15th day of October, 2015.

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

LADAH LAW FIRM, PLLC

/s/ Raymond McKay
Kym Samuel Cushing, Esq.
Nevada Bar No. 4242
Raymond E. McKay, Esq.
Nevada Bar No. 8569
300 South 4th Street, 11th Floor
Las Vegas, NV 89101
Attorneys for Defendants
MARIO RODRIGUEZ MARIN and
FFE TRANSPORTATION SERVICES, INC.

/s/ Anthony Ashby
Ramzy Paul Ladah, Esq.
Nevada Bar No. 11405
Anthony L. Ashby, Esq.
Nevada Bar No. 4911
517 South Third Street
Las Vegas, NV 89101
Attorneys for Plaintiff
JUAN R. LOPEZ-VILLANUEVA

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Case 2:15-cv-00156-JAD-PAL Document 19 Filed 10/15/15 Page 4 of 4

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ORDER
Upon stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that
the discovery deadlines are extended as follows:

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Interim Status Report:

October 29, 2015

Close of discovery:

December 28, 2015

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Final date to file dispositive
motions:

January 27, 2015 2016

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Pretrial Order Due

February 26, 2015 2016

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IT IS SO ORDERED.
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DATED this 27th day of October, 2015.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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Respectfully Submitted:

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WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

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/s/ Raymond McKay
Kym Samuel Cushing, Esq.
Nevada Bar No. 4242
Raymond E. McKay, Esq.
Nevada Bar No. 8569
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
Attorneys for Defendants
MARIO RODRIGUEZ MARIN and FFE TRANSPORTATION SERVICES, INC.

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