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

Filing 21

ORDER Granting 20 Stipulation to Conduct Certain Depositions After the Close of Discovery. Signed by Magistrate Judge Peggy A. Leen on 10/27/2015. (Copies have been distributed pursuant to the NEF - NEV)

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BRENDA H. ENTZMINGER
Nevada Bar No. 9800
JENNIFER N. TAYLOR
Nevada Bar No. 6141
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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VALERIE GETTMAN and BILL GETTMAN,

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Case No.:

2:15-cv-690-JAD-PAL

Plaintiff,

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v.

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WAL-MART STORES, INC., dba WALMART SUPERCENTER 2050, AND DOES I
through X,

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STIPULATION AND [PROPOSED]
ORDER TO CONDUCT CERTAIN
DEPOSITIONS AFTER THE CLOSE OF
DISCOVERY

Defendants.
[FIRST REQUEST]

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Defendant WAL-MART STORES, INC., by and through its attorneys of record, the law firm
of PHILLIPS, SPALLAS & ANGSTADT, LLC, and

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through his counsel of record, PAUL M. GAUDET, ESQ., do hereby stipulate to allow the parties to
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conduct certain depositions after the close of discovery.

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The parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested leave.

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The parties have worked and continue to work in good faith, to conduct this discovery. However,

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because of the limited availability of the respective deponents and various conflicts of counsel, these

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depositions remain to be conducted.

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Pursuant to Local Rule 6-1(b), the parties hereby aver that this is the first such discovery

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stipulation requested in the matter.
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Pursuant to Local Rule 26-4, the parties state the following:

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(a) Discovery completed
The parties have conducted an FRCP 26(f) conference and have served their respective FRCP

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26(a)

disclosures.

Both

parties

have

propounded

written

discovery

requests

including

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interrogatories, requests for admission and requests for production. Both parties have answered

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propounded written discovery requests. Depositions have been conducted of both Plaintiffs and a

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Walmart employee.

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July 24, 2015.

FRCP 35 Independent Medical Evaluation was held on

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(b) Specific Description Of Discovery That Remains To Be Completed
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s e

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claim. These experts are: Dr. Matthew Otten of Advanced Ortho & Sports Medicine and Dr. Holman

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Chan of Nevada Orthopedic & Spine Center.

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(c)
Reasons Why The Deadline Was Not Satisfied Or The Remaining Discovery Was
Not Completed Within The Time Limits Set By The Discovery Plan

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The parties have completed all necessary discovery except for the depositions dependent on

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the scheduling availability of the deponents and both counsel. Defendant scheduled the depositions of

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Dr. Otten for October 9, 2015 and Dr. Chan for October 12, 2015, respectively. However, prior to the

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available for deposition on the schedule

has advised he is available for

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deposition on November 4, November 11 or November 18, 2015.

has advised he is

available for deposition on October 15 or October 22, 2015.
Despite the good faith efforts of the
Plaintiff

as unavailable for deposition prior to the current discovery deadline.

This

stipulation seeks to conduct the depositions of these two (2) physicians and is not a request for an

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extension of the discovery deadlines.

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(a) Proposed Schedule For Completing All Remaining Discovery
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The parties note that discovery in this matter will close on October 13, 2015. All discovery in

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this matter has been completed, with the exception of the two (2) depositions listed above. The parties

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therefore respectfully request that the parties be granted leave as defined above to conduct this

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discovery after the close of discovery on October 13, 2015.

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As the completed discovery demonstrates, the parties have been reasonable and diligent in

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If this stipulation is granted, the two (2) expert depositions should be completed within the next thirty
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(30) days. The parties aver that this stipulation is not made with dilatory intent; rather, it is a response

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by the

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deponents and counsel.

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Dated this 13th day of October, 2015.

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, out of professional courtesy, to the respective availability of the

Dated this 13th day of October, 2015.

/s/ Paul M. Gaudet
PAUL M. GAUDET, ESQ.
Nevada Bar No. 4612
6671 S. Las Vegas Blvd., Suite 210
Las Vegas, NV 89119

/s/ Brenda H. Entzminger
Brenda H. Entzminger
Nevada Bar No. 9800
PHILLIPS SPALLAS & ANGSTADT
504 South Ninth Street
Las Vegas, NV 89101

Attorneys for Plaintiffs’
Valerie Gettman and Bill Gettman

Attorneys for Defendant
Wal-Mart Stores, Inc.

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
DATED: October 27, 2015

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CERTIFICATE OF SERVICE
I hereby certify that on the 13th day of October, 2015, I served a true and correct copy of the
foregoing,

STIPULATION

AND

[PROPOSED]

ORDER

TO

CONDUCT

CERTAIN

DEPOSITIONS AFTER THE CLOSE OF DISCOVERY via U.S. Mail, in a sealed envelope, first-

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class postage fully prepaid, addressed to the following counsel of record, at the address listed below:
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ATTORNEY OF RECORD
PAUL M. GAUDET, ESQ.
Nevada Bar No. 4612
6671 S. Las Vegas Blvd., Suite 210
Las Vegas, NV 89119

TELEPHONE/FAX
Phone [phone]
Fax: NO FAX

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/s/ Billi Montijo
An Employee of PHILLIPS, SPALLAS & ANGSTADT LLC

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PARTY
Plaintiffs