Fowler v. Wal-Mart Stores, Inc.

Filing 16

ORDER Granting 15 Stipulation Establishing Parameters for FRCP 34 Site Inspection. Signed by Magistrate Judge George Foley, Jr. on 10/13/2016. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:16-cv-00450-JCM-GWF Document 15 Filed 10/12/16 Page 1 of 2

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BRENDA H. ENTZMINGER, ESQ.
Nevada Bar No. 9800
MELANIE L. THOMAS, ESQ.
Nevada Bar No. 12576
PHILLIPS, SPALLAS & ANGSTADT LLC
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]—Telephone
[phone]—Facsimile
[e-mail]
[e-mail]
Attorneys for Defendant
Wal-Mart Stores, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
LINDA FOWLER,

Case No.: 2:16-cv-00450-JCM-GWF
Plaintiff,

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v.

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WAL-MART STORES, INC., a Delaware
Limited Liability Company dba WALMART
SUPER CENTER #5070; DOES I through X
and ROE CORPORATIONS VI through X,
inclusive,

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STIPULATION
ESTABLISHING
PARAMETERS FOR FRCP 34 SITE
INSPECTION BY PLAINTIFF LINDA
FOWLER

Defendants.

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COMES NOW, Plaintiff LINDA FOWLER, by and through her counsel of record, the law

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firm of INJURY LAWYERS OF NEVADA, and Defendant WAL-MART STORES, INC.

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(“Walmart”), by and through its counsel of record, the law firm of PHILLIPS, SPALLAS &

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ANGSTADT LLC, and pursuant to the provisions of FRCP 34(a)(2)(b)(1), the parties agree, and

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hereby stipulate, that the inspection shall be conducted within the following parameters:

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At 11:00 a.m., on October 13, 2016, at the premises of Walmart Store No. 5070, located at

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5200 South Fort Apache, Las Vegas, Nevada 89148, Defendant shall permit Plaintiff, Linda Fowler;

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Plaintiff’s counsel, Jared Anderson, Esq.; and Plaintiff’s designated liability expert, Frank Perez,

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Ph.D. (collectively, “Plaintiff’s group”) entry upon designated land or other property in control of the

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party upon whom request is served for the express purposes of inspection, measurement, surveying,

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photography, and non-destructive and non-invasive testing of the property, specifically a section of the

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Case 2:16-cv-00450-JCM-GWF Document 15 Filed 10/12/16 Page 2 of 2

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floor in the Home and Garden area where the Plaintiff allegedly fell on October 27, 2013, and the

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surrounding area for a distance of up to twenty (20) feet in any or all directions from the location of

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Plaintiff’s alleged fall, using only manual and visual inspection, measuring and surveying tools, such

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as a hand-operated English XL device or similar device to measure coefficient of friction.

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Members of Plaintiff’s group may utilize still photography of the area upon which Plaintiff fell

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on October 27, 2013, and the surrounding area for a distance of up to twenty (20) feet in any or all

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directions from the location of Plaintiff’s alleged fall, but may not create a videotape or recording of

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any kind. No member of Plaintiff’s group shall speak to any member of Walmart personnel during the

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inspection. The inspection shall be completed within two (2) hours.

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DATED this 11th day of October, 2016.

DATED this 11th day of October, 2016.

INJURY LAWYERS OF NEVADA

PHILLIPS, SPALLAS & ANGSTADT LLC

/s/
Jared Anderson
JARED ANDERSON, ESQ.
Nevada Bar No. 9747
6900 Westcliff Drive, Suite 707
Las Vegas, Nevada 89145
[phone]

/s/
Melanie L. Thomas
MELANIE L. THOMAS
Nevada Bar No. 12576
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]

Attorneys for Plaintiff
Linda Fowler

Attorneys for Defendant
Wal-Mart Stores, Inc.

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IT IS SO ORDERED.

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13th
DATED this
day of
y

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October

, 2016.

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UNITED STATES MAGISTRAT
UNITED STATES MAGISTRATE JUDGE
NIT D
T MAGIST
G

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