Silvagni v. Wal-Mart Stores, Inc.

Filing 46

ORDER Granting 45 Stipulation for Extension of Time re 41 MOTION to Exclude Plaintiff's Untimely Disclosed Claim for Loss of Earning Capacity, 42 MOTION to Exclude Plaintiff's Untimely Disclosed Claim for Future Lum bar Spine Surgery. 43 MOTION to Exclude Plaintiff's Untimely Disclosed Claim for Hip Surgery. Plaintiff's Responses due by 5/19/2017. Signed by Magistrate Judge Nancy J. Koppe on 5/5/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-00039-JCM-NJK Document 45 Filed 05/04/17 Page 1 of 3

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Scott L. Poisson, Esq.
Nevada Bar No. 10188
Christopher D. Burk, Esq.
Nevada Bar No. 8976
BERNSTEIN & POISSON
320 S. Jones Blvd
Las Vegas, NV 89107
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CINDY SILVAGNI,

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CASE NO.: 2:16-CV-00039-JCM-NJK

Plaintiff,

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vs.
WAL MART STORES, INC, and DOES
1 through 100; And ROE
CORPORATIONS 101 through 200

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Defendant.

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STIPULATION AND ORDER ALLOWING PLAINTIFF EXTENDED TIME TO
RESPOND TO DEFENDANT’S MOTION TO EXCLUDE PLAINTIFF’S UNTIMELY
DISCLOSED CLAIM FOR LOSS OF EARNING CAPACITY, DEFENDANT’S MOTION

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TO EXCLUDE PLAINTIFF’S UNTIMELY DISCLOSED CLAIM FOR FUTURE

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LUMBAR SPINE SURGERY, AND DEFENDANT’S MOTION TO EXCLUDE

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PLAINTIFF’S UNTIMELY DISCLOSED CLAIM FOR HIP SURGERY

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Case 2:16-cv-00039-JCM-NJK Document 45 Filed 05/04/17 Page 2 of 3

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IT IS HEREBY STIPULATED AND AGREED, by and between the Plaintiff,
CINDY SILVAGNI, by and through her attorney of record, SCOTT L. POISSON, ESQ.,
and CHRISTOPHER BURK, ESQ. of the firm BERNSTEIN & POISSON, and the
Defendant, WAL MART STORES, INC, through the undersigned counsel, RYAN
KERBOW, ESQ.

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The parties stipulate that Plaintiff may have until May 19, 2017 to respond to
Defendant’s Motion to Exclude Plaintiff’s Untimely Disclosed Claim for Loss of Earning
Capacity, Defendant’s Motion to Exclude Plaintiff’s Untimely Disclosed Claim for Future

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Lumbar Spine Surgery, and Defendant’s Motion to Exclude Plaintiff’s Untimely

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Disclosed Claim for Hip Surgery.

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The reason for the stipulation is Plaintiff’s counsel has not been given sufficient
time to respond to all three motions. Plaintiff’s counsel has, unfortunately, numerous
depositions as well during this time in other cases. Plaintiff’s counsel needs until the 19th
of May to ensure he has ample time to research and respond to each motion.
Dated this 4th of May, 2017.

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BERNSTEIN & POISSON

PHILLIPS, SPALLAS & ANGSTADT, LLC

/s/ Christopher Burk, Esq.
______________________________
Christopher Burk, Esq.
Nevada Bar No.: 8976
Attorneys for Plaintiff

/s/ Ryan Kerbow, Esq.
_______________________________
Ryan Kerbow, Esq.
Nevada Bar No.: 11403
Attorneys for Defendant

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Case 2:16-cv-00039-JCM-NJK Document 45 Filed 05/04/17 Page 3 of 3

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ORDER

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff is given an
extension to May 19, 2017 to Respond to Defendant’s Motion to Exclude Plaintiff’s
Untimely Disclosed Claim for Loss of Earning Capacity, Defendant’s Motion to Exclude
Plaintiff’s Untimely Disclosed Claim for Future Lumbar Spine Surgery, and Defendant’s
Motion to Exclude Plaintiff’s Untimely Disclosed Claim for Hip Surgery.

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IT IS SO ORDERED”

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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May 5
Dated: _____________, 2017.
Submitted by:
BERNSTEIN & POISSON
/s/ Christopher Burk, Esq.
_____________________________
CHRISTOPHER BURK, ESQ.
Nevada Bar No. 8976
320 South Jones Boulevard
Las Vegas, Nevada 89107
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff

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