Dixon Legacy Transportation Systems, LLC

Filing 88

ORDER Granting 87 Stipulation for Extension of Time (Fourth Request) re Proposed Discovery Plan/Scheduling Order. Discovery due by 5/2/2017. Motions due by 6/1/2017. Proposed Joint Pretrial Order due by 6/30/2017. Signed by Magistrate Judge Peggy A. Leen on 4/21/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-01359-JAD-PAL Document 87 Filed 04/19/17 Page 1 of 5

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STEVEN T. JAFFE
Nevada Bar No. 7035
[e-mail]
JASON R. WIGG
Nevada Bar No. 7953
[e-mail]

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HALL JAFFE & CLAYTON, LLP

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7425 PEAK DRIVE
LAS VEGAS, NEVADA 89128
[phone]
FAX [phone]

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Attorneys for Defendants/Third-Party
Plaintiff Legacy Transportation Systems,
LLC, Angeles Transportation, LLC &
Leoncio Angeles

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SARAH DIXON,

CASE NO. 2:15-cv-01359

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Plaintiff,
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vs.
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LEGACY TRANSPORTATION SYSTEMS,
LLC,; a Utah Limited Liability Company;
ANGELES TRANSPORTATION, LLC; a Utah
Limited Liability Company, LEONCIO
ANGELES;

STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF TIME TO
COMPLETE DISCOVERY
(FOURTH REQUEST)

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Defendants.
______________________________________
LEGACY TRANSPORTATION SYSTEMS,
LLC; ANGELES TRANSPORTATION, LLC;
AND LEONCIO ANGELES,
Third-Party Plaintiffs,

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vs.
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RYAN RICHARDS,
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Third-Party Defendant.
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Defendant/Third-Party Plaintiff Legacy Transportation Systems, LLC; Angeles

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Transportation, LLC; Leoncio Angeles (collectively, “the Legacy Defendants”); Plaintiff Sarah

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Dixon (“Plaintiff”); and Third-Party Defendant Ryan Richards (“Richards”), by and through their

Case 2:15-cv-01359-JAD-PAL Document 87 Filed 04/19/17 Page 2 of 5

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respective counsel of record, hereby stipulate and agree to extend discovery for 14 days only the

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limited purpose of completing four specific depositions only that, due to scheduling issues and the

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need to travel to Utah, could not be completed before the end of the current discovery cut-off

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date.

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I.

Discovery Completed to Date
The Parties have been diligently conducting discovery efforts as follows:

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1.

The parties have exchanged initial documents and witness lists;

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2.

The parties have conducted written discovery and responded to those requests;

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3.

Plaintiff has served Multiple Supplemental Document/Witness Disclosures;

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4.

The Legacy Defendants have served Multiple Supplemental Document/Witness
Disclosures;

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5.

Richards has served Supplemental Document/Witness Disclosures;

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6.

Plaintiff has disclosed and served reports from the following experts:

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a.

Chris P. Reyes, MRC, CRC;

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b.

Joseph T. Crouse, Ph.D., MBA, CPA;

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c.

Kathleen Smith, MD

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d.

Brian K. Jones, MSBI, P.E. ACTAR, CXLT

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7.

The Legacy Defendants have disclosed and served reports from the following experts:

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a.

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b. Carol Hyland, M.A., M.S.

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c. Dr. Mary Ann Shannon.

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d. William Anderson, Ph. D., DABFT

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8.

Richards has disclosed/designated the following expert witness:
a. Trooper Michael Tully

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Michael Dilich, P.E.;

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The parties have completed the following depositions:

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a. Plaintiff Sarah Dixon;

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b. Third-Party Defendant Ryan Richards;

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c. Defendant/Third-Party Plaintiff Leoncio Angeles;
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Case 2:15-cv-01359-JAD-PAL Document 87 Filed 04/19/17 Page 3 of 5

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d. Trooper Michael Tully;

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e. Trooper Peter Sorenson;

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f. Out of State Percipient Witness Brent Allen;

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g. Out of State Percipient Witness Darrell Brown

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h. Out of State Percipient Witness Ashley Greving (Melissant;

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i. Out of State Percipient Witness Joshua Annand;

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j. Chris P. Reyes, MRC, CRC;

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k. Joseph T. Crouse, Ph.D., MBA, CPA;

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l. Dan Berkabile

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m. Dr. Ryan Andrew Fan (in City of Industry, CA);

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n. Dr. Christopher Long (at Camp Pendleton in Oceanside, CA)

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o. Brian K. Jones, MSBE, P.E., ACTAR, CXLT

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p. Dr. Christine Maloney

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q. Dr. Kathleen D. Smith

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II.
1.

Discovery That Remains to Be Completed
The parties are requesting discovery be extended solely for the purpose of completing

the following depositions:

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a. Percipient Witness Kevin Angeles (in Utah on or about 4/28/17);

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b. Defendant/Third-Party Plaintiff Leoncio Angeles (continuation, in Utah on or

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about 4/28/17);
c. Legacy Transportation Systems, LLC ‘s FRCP 30(B)(6) Witness(es) (in Utah on
or about 4/28/17);
d. Expert Brian Jones MSBE, P.E., ACTAR, CXLT, (in LV and based on his rebuttal

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report and within the next 2-3 weeks depending on his and counsel’s availability)

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e. Subject to this Court’s ruling on Plaintiff’s Motion to Substitute Expert [ECF No.

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76], the deposition of Plaintiff’s Substitute Expert to be schedule after production

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of the expert’s report, as well as the Legacy Defendants’ rebuttal expert’s

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deposition.
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Case 2:15-cv-01359-JAD-PAL Document 87 Filed 04/19/17 Page 4 of 5

III. Reason Why Discovery Remaining Was Not Completed

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The parties have diligently completed nearly all discovery necessary to prepare this matter

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for trial. In that regard, the parties have completed all discovery and depositions but for the those

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set forth above (not including Plaintiff’s discovery-related Motion [ECF No. 76] that is currently

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the subject of motion practice). The depositions set forth above simply could not be conducted

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and/or completed before the expiration of the discovery cut-off date due to the witness’ and/or

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counsel’s availability. Further, assurances were made by and between counsel that these

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depositions could be completed; in fact, but for the issues with coordinating all counsel, travel

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and the availability of witnesses (principally Mr. Angeles, who is a long-haul truck driver), these

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depositions likely would have been completed before the currently set discovery cut-off date. We

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have since confirmed the availability of all Utah-based deponents for April 28, 2017. So that

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these depositions may be completed in this case, most of which have already been noticed, the

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parties respectfully submit the instant stipulation and proposed order extending the discovery cut-

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off date by 14 days so these four depositions only may be completed. No other discovery shall be

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conducted but for these depositions, unless the Court grants Plaintiff’s Motion to Substitute

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Expert.

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Proposed Schedule For Completing Discovery

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1. Last day to amend pleadings/add parties:

(Closed)

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2. Last day to disclose initial expert witnesses:

(Closed)1

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3. Last day to file interim status report:

(Closed)

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4. Last day to file rebuttal expert disclosures:

(Closed)2

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5. Last day to complete discovery:

May 2, 2017 (Monday)

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6. Last day to file dispositive motions:

June 1, 2017 (Thursday)

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7. Last day to submit pre-trial order:
June 30, 2017 (Friday) (If dispositive
motions are filed, the joint pretrial order is due thirty (30) days from the entry of the court’s
rulings on the motions.)

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This deadline is the subject of a Motion to Substitute Expert [ECF No. 76] filed by Plaintiff that is currently set for
hearing on May 8, 2017 [ECF No. 85].

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This deadline may also be impacted by Plaintiff’s Motion to Substitute Expert.

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Case 2:15-cv-01359-JAD-PAL Document 87 Filed 04/19/17 Page 5 of 5

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Dated this 19th day of April, 2017

Dated this 19th day of April, 2016

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HALL JAFFE & CLAYTON, LLP

MCCULLOUGH, PEREZ & DOBBERSTEIN
LTD.

By: /s/ Jason R. Wigg, Esq.
STEVEN T. JAFFE
Nevada Bar No. 7305
JASON R. WIGG, ESQ.
Nevada Bar No. 7953
7425 Peak Drive
Las Vegas, NV 89128
Attorneys for Defendants/Third-Party
Plaintiff Legacy Transportation Systems,
LLC, Angeles Transportation, LLC &
Leoncio Angeles

By: /s/ Christopher McCullough, Esq.
CHRISTOPHER McCULLOUGH, ESQ.
Nevada Bar No. 1138
601 South Rancho Drive, #A-10
Las Vegas, Nevada 89106
Attorneys for Plaintiff

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RANALLI ZANIEL FOWLER & MORAN, LLC
By /s/ Benjamin J. Carman, Esq.
BENJAMIN J. CARMAN, ESQ.
Nevada Bar No. 12565
2400 W. Horizon Ridge Parkway
Henderson, Nevada 89052
Attorneys for Third-Party Defendant,
Ryan Richards

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Dated this 19th day of April, 2017

ORDER
IT IS SO ORDERED:

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____________________________________
UNITED STATES MAGISTRATE JUDGE
April 21, 2017
DATED: _______________

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