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

Filing 106

ORDER Granting 105 Stipulation to Extend Discovery (Fifth Request). Discovery due by 3/2/2018. Motions due by 4/3/2018. Proposed Joint Pretrial Order due by 4/30/2018. Signed by Magistrate Judge George Foley, Jr on 11/28/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-00054-APG-GWF Document 105 Filed 11/27/17 Page 1 of 5

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FELICIA GALATI, ESQ.
Nevada Bar No. 7341
OLSON, CANNON, GORMLEY
ANGULO & STOBERSKI
9950 West Cheyenne Avenue
Las Vegas, NV 89129
[e-mail]
Telephone: [phone]
Facsimile: 702-383-0701
Attorneys for Defendants
COUNTY OF CLARK, TARA DONOHUE,
LISA RUIZ-LEE, KIM KALLAS,
PATRICIA MEYERS, JEREMY LAW,
IRENE KOZICKI, SHUUANDY ALVAREZ,
LANI AITKEN AND OSCAR BENAVIDES

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UNITED STATES DISTRICT COURT
Law Offices of
OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI
A Professional Corporation
9950 West Cheyenne Avenue
Las Vegas, Nevada 89129
[phone]
Telecopier [phone]

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DISTRICT OF NEVADA

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SERGIO MOMOX-CASELIS, individually
and as Guardian Ad Litem for MARIA
MOMOX-CASELIS; NICOLASA
HERNANDEZ, as Special Administrator of
the estate of M.M., born May 15, 2013 and
died October 12, 2014,

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Plaintiffs,

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CASE NO. 2:16-cv-00054-APG-GWF

v.

MAIRA JUAREZ-PAEZ; LISA RUIZLEE; KIM KALLAS; TARA DONAHUE;
PATRICIA MEYERS; JEREMY LAW;
IRENE KOZIKI; SHUUANDY
ALVAREZ; LANI AITKEN; OSCAR
BENEVIDES, individuals; Estate of
JOAQUIN JUAREZ-PAEZ; DOE
individuals I-X; ROE CLARK COUNTY
DEPARTMENT OF FAMILY SERVICES
EMPLOYEES XIII-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.

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Page 1 of 5

STIPULATION AND ORDER TO
EXTEND DISCOVERY
(Fifth Request)

Case 2:16-cv-00054-APG-GWF Document 105 Filed 11/27/17 Page 2 of 5

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Pursuant to FRCP 6 and FRCP 26, the parties, by and through their respective counsel of

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record, hereby stipulate and agree to jointly move this Court for an Order to extend the discovery

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deadlines, as set forth below.

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1.

Extend the date to disclose rebuttal expert witnesses from 12/4/17 to 1/31/18

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2.

Extend the discovery cut-off deadline from 1/4/2018 to 3/2/18

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3.

Extend the date to file dispositive motions from 2/5/18 to 4/3/18

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4.

Extend the date to file the Joint Pre-Trial Order from 3/4/18 to 4/30/18

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5.

Extend the date to file Pre-Trial Disclosures or objections to the Pre-Trial Order

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from 4/3/2018 to 6/27/18
I.

DISCOVERY COMPLETED

Law Offices of
OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI
A Professional Corporation
9950 West Cheyenne Avenue
Las Vegas, Nevada 89129
[phone]
Telecopier [phone]

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Defendants COUNTY OF CLARK, CLARK COUNTY DEPARTMENT OF

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FAMILY SERVICES, TARA DONOHUE, LISA RUIZ-LEE, KIM KALLAS, BETH ANN

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NELSON, JEREMY LAW, IRENE KOZIKI, and SHUUANDY ALVAREZ (“Defendants”)

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provided their initial witness and document disclosures pursuant to FRCP 26(a)(1) on April 19,

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2016, and have since provided 15 supplemental disclosures. To date, Defendants have disclosed

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thousands of pages of documents. Plaintiffs provided their initial witness and document

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disclosures pursuant to FRCP 26(a)(1) on April 15, 2016.

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Defendants propounded written discovery (interrogatories, requests for production and

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requests for admission) to Plaintiffs SERGIO MOMOX-CASELIS, MARIA MOMOX-

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CASELIS and NICOLASA HERNANDEZ (“Plaintiffs”) and Plaintiffs responded thereto.

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Plaintiffs propounded written discovery (interrogatories, requests for production and
requests for admission) to Defendants, and Defendants responded thereto.

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The following depositions have been taken to date: Kim Kallas, Patricia Meyers, Maria
Juarez-Paez, Shuuandy Alvarez, Lani Aitken, Oscar Benavides and Sergio Momox.

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Plaintiffs have disclosed their initial expert witnesses in accordance with FRCP 26(a)(2).
II.

GROUNDS FOR DISCOVERY EXTENSION:
This case is complicated due to the number of parties and the circumstances of this case,

including the fact that there are two sets of foster parents relevant to and that are parties in this
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Case 2:16-cv-00054-APG-GWF Document 105 Filed 11/27/17 Page 3 of 5

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action. As such, there are twice as many documents to disclose and many more depositions that

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will need to be taken. While Defendants have produced the most of their documents in this case,

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they still have additional documents to produce that need to be reviewed and redacted as to other

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minors, including pursuant to their obligations under NRS 432B.280 and NRS 432B.290, before

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those documents can be produced. At present, Defendants have identified approximately 91

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other minors indicated in their records.

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After Defendant Maira Juarez-Paez’s deposition was taken on May 20, 2017, additional

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alleged information came to light requiring a further search for any additional information,

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documents and witnesses relating thereto, which Defendants began, but are in the process of
continuing to do. Thus, additional time is needed for Defendants to complete that search to

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Law Offices of
OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI
A Professional Corporation
9950 West Cheyenne Avenue
Las Vegas, Nevada 89129
[phone]
Telecopier [phone]

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determine if there is any additional information, documents and witnesses that need to be

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disclosed in this case. The document search is not limited to within Defendant’s possession,

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custody and/or control but is extending, in part, beyond that. Defendants have disclosed an

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additional 14 exhibits, amounting to about 487 pages of documents, photos and other items,

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obtained through the above search and have additional documents to obtain and disclose. The

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documents relate in large part to Maira Juarez-Paez’s deposition testimony and are critical to the

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facts and issues in this case.

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The parties are in the process of finalizing a substitution of parties. Plaintiff Sergio

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Momox will be substituted in and for Plaintiff Nicolasa Hernandez, and Plaintiff Nicolasa

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Hernandez will be dismissed as a Plaintiff in this case.

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All parties have been diligently conducting discovery in this case. Defendants disclosed

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several thousand pages of records. Additionally, Defendants have designated 158 witnesses to

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date, and additional documents and other witnesses need to be disclosed and perhaps deposed.

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Defendants intend to disclose their expert rebuttal witness(es), and depositions may need
to be taken of the expert witnesses.
The parties might conduct additional COR depositions related to the case depending on
any newly discovered additional information and/or documents disclosed in this case.

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Case 2:16-cv-00054-APG-GWF Document 105 Filed 11/27/17 Page 4 of 5

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Based on the above, additional discovery needs to be done as indicated herein. As such,

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there is good cause to extend the discovery deadlines. Therefore, the parties hereby stipulate and

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request that this Court extend discovery in the above-captioned case for another 58 days, up to

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and including 3/2/18, 2018, due to all of the above.

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III.

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DISCOVERY THAT REMAINS TO BE COMPLETED:
A.

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Plaintiffs:
1.

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and/or any additional witnesses disclosed by Defendants;

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2.

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Plaintiffs require additional time to designate any additional experts and
consider rebuttal experts.

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Law Offices of
OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI
A Professional Corporation
9950 West Cheyenne Avenue
Las Vegas, Nevada 89129
[phone]
Telecopier [phone]

Plaintiffs would like to take the depositions of other named Defendants

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Plaintiffs may want to take the deposition of any designated expert

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3.

Plaintiffs may propound additional written discovery upon Defendant.

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B.

Defendants:

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1.

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Defendants would like to take the depositions of additional witnesses
disclosed by either party;

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2.

Defendants require additional time to designate rebuttal experts.

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3.

Defendants may propound additional written discovery upon Plaintiff.

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4.

Defentants may want to take the deposition of any designated expert.

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The parties will continue to work together to get the remaining discovery done and

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depositions completed.

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Case 2:16-cv-00054-APG-GWF Document 105 Filed 11/27/17 Page 5 of 5

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IV.

PROPOSED SCHEDULE FOR COMPLETING DISCOVERY:
The parties have agreed to extend all of the discovery deadlines in this case by 58 days,

as set forth below:

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1.

Extend the date to disclose rebuttal expert witnesses from 12/4/17 to 1/31/18

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2.

Extend the discovery cut-off deadline from 1/4/2018 to 3/2/18

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3.

Extend the date to file dispositive motions from 2/5/18 to 4/3/18

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4.

Extend the date to file the Joint Pre-Trial Order from 3/4/18 to 4/30/18

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5.

Extend the date to file Pre-Trial Disclosures or objections to the Pre-Trial Order

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from 4/3/2018 to 6/27/18

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Law Offices of
OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI
A Professional Corporation
9950 West Cheyenne Avenue
Las Vegas, Nevada 89129
[phone]
Telecopier [phone]

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DATED this 27th day of November, 2017.

DATED this 27th day of November, 2017.

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GANZ & HAUF

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OLSON, CANNON, GORMLEY
ANGULO & STOBERSKI

/s/ Marjorie Hauf

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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

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/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,
TARA DONOHUE, LISA RUIZ-LEE,
KIM KALLAS, PATRICIA MEYERS,
JEREMY LAW, IRENE KOZICKI,
SHUUANDY ALVAREZ, LANI AITKEN
AND OSCAR BENAVIDES

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ORDER

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IT IS SO ORDERED:
_____________________________________
UNITED STATES MAGISTRATE JUDGE

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November 28,
Dated: ____________ 2017
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