Deshler et al v. Harris et al
Filing
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ORDER Granting 13 Stipulation to Extend Discovery Deadlines. Discovery due by 2/16/2016. Motions due by 3/17/2016. Proposed Joint Pretrial Order due by 4/18/2016. Signed by Magistrate Judge George Foley, Jr on 6/25/2015. (Copies have been distributed pursuant to the NEF - DC)
Case 2:15-cv-00507-GMN-GWF Document 13 Filed 06/24/15 Page 1 of 5
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JOHN B. SHOOK, ESQ.
Nevada Bar No. 5499
SHOOK & STONE, CHTD.
710 South 4th Street
Las Vegas, NV 89101
Office: (702) 385-2220
Attorney for Plaintiffs
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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PAUL DESHLER and LUPE DESHLER,
Plaintiffs,
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vs.
STIPULATION TO EXTEND
DISCOVERY DEADLINES
VAL HARRIS; ANNETTE HARRIS and
DOUGLAS HARRIS ; DOES I through X,
inclusive; and ROE BUSINESS ENTITIES I
through X, inclusive
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(First Request)
Defendants.
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Case No. : 2:15-cv-00507-GMN-GWF
WHEREAS, the parties participated in the FRCP Rule 26(f) conference on April 21, 2015
and thereafter exchanged their respective disclosure statements in a timely manner;
WHEREAS, discovery has been smoothly conducted by the parties without this court’s
intervention;
WHEREAS, the parties have met and conferred concerning the modifications to the
Scheduling Order in light of the progress of discovery to date; and
WHEREAS, the parties have agreed they would each benefit from an additional five (5)
months to conclude discovery;
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IT IS HEREBY STIPULATED AND AGREED by and between JOHN B. SHOOK, ESQ.
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of SHOOK & STONE, CHTD., Attorney for Plaintiffs PAUL DESHLER and LUPE DESHLER,
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and RENEE M. MAXFIELD, ESQ., of the law firm MCCORMICK, BARSTOW, SHEPPARD,
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WAYTE & CARRUTH, LLP, Attorneys for Defendants VAL HARRIS, ANETTE HARRIS and
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{01161104.DOC; 3}
Case 2:15-cv-00507-GMN-GWF Document 13 Filed 06/24/15 Page 2 of 5
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DOUGLAS HARRIS that the discovery deadlines of this matter be continued for a period of five
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(5) months to allow the parties to complete discovery on this matter, in order to be ready for trial.
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A.
STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN COMPLETED.
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1.
The parties participated in the Fed. R. Civ. P. 26(f) conference on April 21, 2015;
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2.
Plaintiff served written discovery including interrogatories, requests for admissions,
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and requests for production of documents to Defendants on May 20, 2015.
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3.
Plaintiff conducted a site inspection on June 1, 2015.
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4.
Defendants served written discovery including interrogatories, requests for
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admissions, and requests for production of documents to Plaintiffs on June 8, 2015.
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B.
SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE
COMPLETED.
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As set forth above, the parties agree that an extension in the discovery deadlines is necessary
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to ensure this case is prepared for trial. The Plaintiffs will need additional time to depose the
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Defendants Val Harris, Annette Harris and Douglas Harris before experts are retained. The
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depositions of Val Harris and Annette Harris will require travel to Utah as they currently reside in
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Utah. Plaintiffs anticipate after the depositions of Defendants it will be necessary to depose
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additional lay witnesses such as the corporate representative of the pool company responsible for
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draining the pool on Defendant’s premises.
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Defendants will need to take the depositions of Plaintiffs Paul and Lupe Deshler and
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Plaintiff’s son, David Deshler. Plaintiffs Paul and Lupe Deshler currently reside in California and
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will also need to arrange for travel to Las Vegas for their depositions. Moreover, Plaintiff’s son is
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currently a teacher in the Middle East. He will be back in the States at the beginning of July for two
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months. He will return to the Middle East at the end of August. Defendants will need to take David
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Deshler’s deposition during the month of August.
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depositions of Plaintiff’s treating physicians. Plaintiff, Paul Deshler, continues to treat with his
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medical physicians to monitor his seizure medications.
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Defendants will also need to conduct the
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Plaintiff has voluminous medical records and the parties need to recover those medical
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records to have the evidence reviewed by experts in order to disclose their expert opinions.
After final expert opinions are exchanged, the parties will need time to take depositions of
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experts.
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C.
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REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED
WITHIN THE DEADLINES CONTAINED IN THE AMENDED DISCOVERY
SCHEDULING ORDER
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Liability is complex and will require more case law research and discovery than more
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typical negligence claims. The parties are in agreement that additional time is needed in order to
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conduct depositions and other discovery in this matter. This case involves unique and complicated
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liability issues and will require more than a typical case to obtain expert reports and testimony.
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Additionally, Plaintiff’s counsel will be out of the country for the month of July and will be
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unable to conduct depositions necessary to determine what experts need to be retained and to
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conduct depositions before the current discovery cut off of September 16, 2015.
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Until the above-mentioned evidence is recovered and reviewed by experts, the parties will
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not be able to conclude discovery and be prepared for trial. As such, the parties believe that a five
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month extension of the discovery cut off date will be sufficient to allow the parties to complete
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discovery.
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D.
PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY.
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It is requested that all remaining discovery deadlines in this case be continued as follows:
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1.
Discovery Cut-Off Date: Defendant filed a Notice of Removal on March 20, 2015.
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The proposed cut-off date for discovery be continued until February 16, 2016 – which is 333 days
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from the date of the filing of Defendant’s Notice of Removal.
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2.
Amending the Pleadings and Adding Parties: All motions to amend the pleadings
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or to add parties were to be done no later than June 18, 2015 and the parties are not requesting an
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extension of this deadline.
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3.
Fed.R.Civ.P. 26(a)(2) Disclosures (Experts): The parties are requesting an
extension of this deadline to disclose experts by December 18, 2015- 60 days before the proposed
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discovery cut-off . Disclosure of rebuttal experts shall be made by January 18, 2016- 30 days after
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the initial disclosure of experts.
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4.
Interim Status Report: The parties will file a joint interim status pursuant to LR
26-3 on or before December 18, 2015.
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5.
Dispositive Motions: The date for filing dispositive motions shall extended for
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thirty days until March 17, 2016, 30 days after the proposed amended discovery cut-off date. In
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the event that the discovery period is again extended from the discovery cut-off date set forth in this
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proposed Discovery Plan and Scheduling Order, the date for filing dispositive motions shall be
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extended to be not later than 30 days from the subsequent discovery cut-off date.
6.
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Pretrial Order: The date for filing the joint pretrial order shall not be later than
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April 18, 2016, 30 days after the cut-off date for filing dispositive motions. In the event that
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dispositive motions are filed, the date for filing the joint pretrial order shall be suspended until 30
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days after decision on the dispositive motions or until further order of the court. In the further event
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that the discovery period is extended from the discovery cut-off date set forth in this Discovery Plan
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and Scheduling Order, the date for filing the joint pretrial order shall be extended in accordance
with the time periods set forth in this paragraph.
7.
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Fed.R.Civ.P. 26(a)(3) Disclosures:
The disclosures required by Fed.R.Civ.P.
26(a)(3), and any objections thereto, shall be included in the joint pretrial order.
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Case 2:15-cv-00507-GMN-GWF Document 13 Filed 06/24/15 Page 5 of 5
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8.
Extensions or Modifications of the Discovery Plan and Scheduling Order: Any
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stipulation or motion must be made no later than 21 days before the subject deadline. Requests to
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extend discovery deadlines must comply fully with LR 26-4.
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Respectfully submitted this 24th day of June, 2015.
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SHOOK & STONE, CHTD.
MCORMICHK, BARSTOW, SHEPPARD
WAYTE, & CARRUTH, LLP
/s/ John Shook, Esq.
/s/ Renee Maxfield, Esq.
JOHN B. SHOOK, ESQ.
Nevada Bar No. 5499
710 South Fourth Street
Las Vegas, NV 89101
(702) 570-0000
Attorneys for Plaintiff
RENEE MAXFIELD, ESQ.
Nevada Bar No. 12814
8337 West Sunset Road, #350
Las Vegas, Nevada 89113
(702) 949-1100
Attorneys for Defendant
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IT IS SO ORDERED:
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UNITED STATES MAGISTRATE JUDGE
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DATED:
June 25, 2015
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