Momox-Caselis v. Juarez-Paez, et al.,

Filing 104

ORDER Granting 102 Errata to 101 Fourth Stipulation for Extension of Time re Discovery. Signed by Magistrate Judge George Foley, Jr on 10/12/20017. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:16-cv-00054-APG-GWF Document 102 Filed 10/11/17 Page 1 of 5 1 2 3 4 5 6 7 8 9 FELICIA GALATI, ESQ. Nevada Bar No. 7341 OLSON, CANNON, GORMLEY ANGULO & STOBERSKI 9950 West Cheyenne Avenue Las Vegas, NV 89129 fgalati@ocgas.com Telephone: 702-384-4012 Facsimile: 702-383-0701 Attorneys for Defendants COUNTY OF CLARK, CLARK COUNTY DEPARTMENT OF FAMILY SERVICES, TARA DONOHUE, LISA RUIZ-LEE, KIM KALLAS, BETH ANN NELSON, JEREMY LAW, IRENE KOZIKI, and SHUUANDY ALVAREZ 10 Law Offices of OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Telecopier (702) 383-0701 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 15 16 SERGIO MOMOX-CASELIS, MARIA MOMOX-CASELIS; NICOLASA HERNANDEZ, as Special Administrator of the estate of M.M., born May 15, 2013 and died October 12, 2014, Plaintiffs, CASE NO. 2:16-cv-00054-APG-GWF 17 v. 18 19 20 21 22 23 24 25 26 MAIRA JUAREZ-PAEZ; LISA RUIZLEE; KIM KALLAS; TARA DONOHUE; BETH ANN NELSON; JEREMY LAW; IRENE KOZIKI, SHUUANDY ALVAREZ, individuals; Estate of JOAQUIN JUAREZ-PAEZ; DOE individuals I-X; ROE CLARK COUNTY DEPARTMENT OF FAMILY SERVICES EMPLOYEES; XI-XX, individually and in their official capacities; CLARK COUNTY DEPARTMENT OF FAMILY SERVICES; COUNTY OF CLARK, a political subdivision of the State of Nevada; and ZOE CORPORATIONS XXI-XXX, Defendants. 27 28 Page 1 of 5 ERRATA TO STIPULATION AND ORDER TO EXTEND DISCOVERY (#101) (Fourth Request) Case 2:16-cv-00054-APG-GWF Document 102 Filed 10/11/17 Page 2 of 5 1 Pursuant to FRCP 6 and FRCP 26, the parties, by and through their respective counsel of 2 record, hereby submit this errata because they inadvertently forgot to include a request to extend 3 the discovery cut-off date, which is necessary because they are requesting other dates that come 4 before that date be extended. The parties stipulate and agree to jointly move this Court for an 5 Order to extend the discovery deadlines, as set forth below. 6 1. Extend the date to disclose rebuttal expert witnesses from 10/20/17 to 12/4/17 7 2. Extend the discovery cut-off deadline from 11/20/17 to 1/4/2018 8 3. Extend the date to file dispositive motions from 12/20/17 to 2/5/18 9 4. Extend the date to file the Joint Pre-Trial Order from 1/18/18 to 3/4/18 10 5. Extend the date to file Pre-Trial Disclosures or objections to the Pre-Trial Order Law Offices of OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Telecopier (702) 383-0701 11 12 from 2/19/18 to 4/3/18. I. DISCOVERY COMPLETED 13 Defendants COUNTY OF CLARK, CLARK COUNTY DEPARTMENT OF 14 FAMILY SERVICES, TARA DONOHUE, LISA RUIZ-LEE, KIM KALLAS, BETH ANN 15 NELSON, JEREMY LAW, IRENE KOZIKI, and SHUUANDY ALVAREZ (“Defendants”) 16 provided their initial witness and document disclosures pursuant to FRCP 26(a)(1) on April 19, 17 2016, and have since provided 15 supplemental disclosures. To date, Defendants have disclosed 18 thousands of pages of documents. Plaintiffs provided their initial witness and document 19 disclosures pursuant to FRCP 26(a)(1) on April 15, 2016. 20 Defendants propounded written discovery (interrogatories, requests for production and 21 requests for admission) to Plaintiffs SERGIO MOMOX-CASELIS, MARIA MOMOX- 22 CASELIS and NICOLASA HERNANDEZ (“Plaintiffs”) and Plaintiffs responded thereto. 23 24 25 26 27 Plaintiffs propounded written discovery (interrogatories, requests for production and requests for admission) to Defendants, and Defendants responded thereto. The following depositions have been taken to date: Kim Kallas, Patricia Meyers, Maria Juarez-Paez, Shuuandy Alvarez, Lani Aitken and Oscar Benavides. Plaintiffs have disclosed their initial expert witnesses in accordance with FRCP 26(a)(2). 28 Page 2 of 5 Case 2:16-cv-00054-APG-GWF Document 102 Filed 10/11/17 Page 3 of 5 1 2 II. GROUNDS FOR DISCOVERY EXTENSION: This case is complicated due to the number of parties and the circumstances of this case, 3 including the fact that there are two sets of foster parents relevant to and that are parties in this 4 action. As such, there are twice as many documents to disclose and many more depositions that 5 will need to be taken. While Defendants have produced the most of their documents in this case, 6 they still have additional documents to produce that need to be reviewed and redacted as to other 7 minors, including pursuant to their obligations under NRS 432B.280 and NRS 432B.290, before 8 those documents can be produced. At present, Defendants have identified approximately 91 9 other minors indicated in their records. 10 After Defendant Maira Juarez-Paez’s deposition was taken on May 20, 2017, additional Law Offices of OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Telecopier (702) 383-0701 11 alleged information came to light requiring a further search for any additional information and/or 12 potential documents relating thereto, which Defendants began, but are in the process of 13 continuing to do. Thus, additional time is needed for Defendant to complete that search to 14 determine if there is any additional information and/or documents that need to be disclosed in 15 this case. The document search is not limited to within Defendant’s possession, custody and/or 16 control but is extending, in part, beyond that. 17 In addition, Defendants want to take the depositions of Plaintiffs Nicolasa Hernandez 18 and Maria Momox. Those depositions have been noticed three times. The parties have engaged 19 in discussions that could eliminate the need for taking those depositions if certain things happen 20 in this case, including an order being entered by the probate court as to the Estate of the MM, a 21 new administrator being substituted in the probate case for Nicolasa Hernandez, and Nicolasa 22 Hernandez being dismissed as a Plaintiff in this case. When and if all that occurs, there will be 23 no need to take these 2 depositions. The petition was submitted to Probate Court on 24 September 12, 2017. Unfortunately, things have been moving very slowly in probate court, 25 which is why this issue has not been resolved yet. This delay is not the fault of the parties. 26 27 All parties have been diligently conducting discovery in this case. Defendants disclosed several thousand pages of records. Additionally, Defendants have designated about 157 28 Page 3 of 5 Case 2:16-cv-00054-APG-GWF Document 102 Filed 10/11/17 Page 4 of 5 1 witnesses in their disclosures and it is unclear at this time what other witnesses will need to be 2 deposed. Defendant expects to disclose additional witnesses. 3 The parties intend to disclose rebuttal expert witnesses. 4 The parties might conduct additional COR depositions related to the case depending on 5 any newly discovered additional information and/or documents disclosed in this case. 6 Based on the above, additional discovery needs to be done as indicated herein. As such, 7 there is good cause to extend the discovery deadlines. Therefore, the parties hereby stipulate and 8 request that this Court extend discovery in the above-captioned case for another 45 days, up to 9 and including January 4, 2018, due to all of the above. 10 III. Law Offices of OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Telecopier (702) 383-0701 11 DISCOVERY THAT REMAINS TO BE COMPLETED: A. 12 Plaintiffs: 1. 13 Plaintiffs would like to take the depositions of other named Defendants and/or any additional witnesses disclosed by Defendants; 14 2. Plaintiffs require additional time to designate rebuttal experts. 15 3. Plaintiffs may propound additional written discovery upon Defendant. 16 B. 17 Defendants: 1. 18 Defendants would like to take the depositions of all Plaintiffs, and additional witnesses disclosed by either party; 19 2. Defendants require additional time to designate rebuttal experts; and 20 3. Defendants may propound additional written discovery upon Plaintiff. 21 The parties will continue to work together to get the remaining discovery done and 22 depositions completed. 23 IV. 24 25 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY: The parties have agreed to extend all of the discovery deadlines in this case by 45 days, as set forth below: 26 1. Extend the date to disclose rebuttal expert witnesses from 10/20/17 to 12/4/17 27 2. Extend the discovery cut-off deadline from 11/20/17 to 1/4/2018 28 3. Extend the date to file dispositive motions from 12/20/17 to 2/5/18 Page 4 of 5 Case 2:16-cv-00054-APG-GWF Document 102 Filed 10/11/17 Page 5 of 5 1 4. Extend the date to file the Joint Pre-Trial Order from 1/18/18 to 3/4/18 2 5. Extend the date to file Pre-Trial Disclosures or objections to the Pre-Trial Order 3 from 2/19/18 to 4/3/18. 4 5 DATED this 11th day of October, 2017. DATED this 11th day of October, 2017. 6 GANZ & HAUF OLSON, CANNON, GORMLEY ANGULO & STOBERSKI 7 8 /s/ Marjorie Hauf 9 10 Law Offices of OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI A Professional Corporation 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 (702) 384-4012 Telecopier (702) 383-0701 11 12 13 MARJORIE HAUF, ESQ. Nevada Bar No. 008111 ADAM GANZ, ESQ. Nevada Bar No. 00650 8950 W. Tropicana Avenue, Suite 1 Las Vegas, NV 89147 Attorneys for Plaintiffs 14 15 16 17 /s/ Felicia Galati WALTER R. CANNON, ESQ. Nevada Bar No.1505 FELICIA GALATI, ESQ. Nevada Bar No. 7341 9950 W. Cheyenne Avenue Las Vegas, NV 89129 Attorneys for Defendants COUNTY OF CLARK, CLARK COUNTY DEPARTMENT OF FAMILY SERVICES, TARA DONOHUE, LISA RUIZ-LEE, KIM KALLAS, BETH ANN NELSON, JEREMY LAW, IRENE KOZIKI, and SHUUANDY ALVAREZ 18 19 20 ORDER 21 IT IS SO ORDERED: 22 23 24 _____________________________________ UNITED STATES MAGISTRATE JUDGE October 12, 2017 Dated: ____________ 25 26 27 28 Page 5 of 5

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