Russell v. Nissan Motor Co., Ltd. et al

Filing 61

ORDER Granting 60 Stipulation Extend Expert Disclosure Deadlines. ( Discovery due by 1/12/2018.) Signed by Magistrate Judge Cam Ferenbach on 7/25/17. (Copies have been distributed pursuant to the NEF - ADR)

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LAWYERS
6605 GRAND MONTECITO PKWY STE 200
LAS VEGAS, NV 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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CURTIS J. BUSBY, ESQ.
Nevada Bar No. 6581
PAUL R. LEE, ESQ.
BOWMAN AND BROOKE LLP
2901 North Central Avenue, Suite 1600
Phoenix, Arizona 85012
Tel: [phone]
[e-mail]
ALVERSON, TAYLOR,
MORTENSEN & SANDERS
LEANN SANDERS, ESQ.
Nevada Bar No. 000390
EDWARD SILVERMAN, ESQ.
Nevada Bar No. 013584
6605 Grand Montecito Parkway, Ste. 200
Las Vegas, NV 89149
Telephone: [phone]
[e-mail]
Attorneys for Defendants
NISSAN NORTH AMERICA, INC., NISSAN
MOTOR CO., LTD., GARFF-WARNER
NISSAN OF SLC, LLC, dba KEN GARFF
NISSAN OF SALT LAKE; GARFF-WARNER
AUTOMOTIVE GROUP, LLC AND GARFF
AUTOMOTIVE GROUP, LLC

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
^.^

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MORGAN RUSSELL,
Plaintiff,

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Case No.: 2-16-cv-00458-JCM-VCF

vs.
NISSAN MOTOR CO., LTD., NISSAN NORTH
AMERICA, INC., AUTOLIV JAPAN LTD.;
AUTOLIV ELECTRONICS ASIA PACIFIC;
TAKATA CORPORATION; TK HOLDINGS,
INC; KEN GARFF AUTOMOTIVE GROUP
d/b/a KEN GARFF NISSAN OF SALT LAKE;
DOE INDIVIDUALS 1 through 100; ROE
BUSINESS ENTITIES 1 through 100, inclusive,

STIPULATION AND ORDER TO
EXTEND EXPERT DISCLOSURE
DEADLINES
(THIRD REQUEST)

Defendants.

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LS-23602

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STIPULATION AND ORDER TO EXTEND EXPERT DISCLOSURE DEADLINES

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(THIRD REQUEST)

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Plaintiff Morgan Russell and Defendants Nissan North America, Inc., Nissan Motor Co.,
Ltd., and Garff-Warner Nissan of SLC, LLC d/b/a Ken Garff Nissan of Salt Lake (collectively

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the “Parties”), by and through their undersigned counsel, hereby stipulate and agree that the
expert discovery deadlines be extended as set forth below.
In support of this Stipulation, the Parties set forth the following status of discovery in

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LAWYERS
6605 GRAND MONTECITO PKWY STE 200
LAS VEGAS, NV 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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accordance with LR 26-4.
I.

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DISCOVERY REMAINING
The parties have complied with the discovery deadlines set forth in the Discovery Plan

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and the Second Stipulation and Order to Extend Discovery Deadlines. The Parties, at this stage,
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are set to provide their respective experts and opinions, with Plaintiff producing one of her

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expert's report for purposes of early mediation.

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II.

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REASONS WHY EXPERT DISCOVERY SHOULD BE EXTENDED
1. This is a complex products liability case involving allegations of a passenger airbag

failure causing multiple injuries, including neurologic injuries.

Plaintiff claims more than

$500,000.00 in past medical specials. The damages and medical components of this case are

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complex due to the extent of Plaintiff’s injuries and ongoing treatment. The liability aspect of
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the case is complex because it potentially involves the vehicle, its airbag system, the various

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components of the airbag system, as well as other components of the vehicle that interact with

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and potentially affect the airbag system.

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2. The Parties are in the process of scheduling formal mediation. Plaintiff has already
provided an early report from her expert, but wishes to mediate at this time instead of incurring
the additional expenses of preparing the remainder of her experts’ reports, and gaining greater

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flexibility in negotiations. Additionally, Nissan prefers not to incur any unnecessary expert costs

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at this time, and instead would rather focus on mediation. Accordingly, the Parties wish to

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extend their respective expert disclosure of opinions for a brief period, until after mediation. The

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parties are currently attempting to schedule a time with Judge Jerry Whitehead or Joesph

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Bongiovi III for August or September of 2017, assuming availability.

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For these reasons, the Parties stipulate to extend deadlines for “expert discovery” and

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discovery cut-off, as set forth in the Discovery Plan and the Second Stipulation and Order to
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LAWYERS
6605 GRAND MONTECITO PKWY STE 200
LAS VEGAS, NV 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Extend Discovery Deadlines.
III.

PROPOSED DEADLINES FOR REMAINING DISCOVERY

Current Deadline
Disclosure of Plaintiff’s experts and July 17, 2017
opinions:
Disclosure of Defendants' experts and Sept. 1, 2017
opinions:
Disclosure of rebuttal experts and Sept. 30, 2017
opinions:
Amendments of Pleadings and Adding Oct. 17, 2017
Parties to be completed:
Discovery Cut-Off Date:
Dec. 12, 2017
Dispositive motions shall be filed no Feb. 13, 2018
later than:
The Pretrial Order, including motions in March 17, 2018
limine, must be filed by:

Proposed Deadline
Sept. 13, 2017
Oct. 13, 2017
Nov. 10, 2017
No change
Jan. 12, 2018
No change
No change

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LS-23602

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IV.

CONCLUSION
For the foregoing reasons, the Parties respectfully request that the Court enter an Order

adopting the dates set forth in this Stipulation.
DATED this 24th day of July, 2017.
MAINOR WIRTH, LLP

BOWMAN AND BROOKE LLP

/s/ Danielle Tarmu
Bradley S. Mainor (7434)
Danielle Tarmu (11727)
Katie E. Goldberg (13493)
6018 S. Ft. Apache Road, Suite 150
Las Vegas, Nevada 89148
Telephone: [phone]
Facsimile: 702-463-4440
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Morgan Russell

/s/ Paul R. Lee
Curtis J. Busby, Esq. (6581)
Paul Lee, Esq. (18464)
2901 North Central Avenue, Suite 1600
Phoenix, AZ 85012
Telephone: [phone]
Facsimile: 602-248-0947
[e-mail]
[e-mail]
Attorneys for Defendants NISSAN NORTH
AMERICA, INC. and GARFF-WARNER
NISSAN OF SLC, LLC, dba KEN GARFF
NISSAN OF SALT LAKE

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LAWYERS
6605 GRAND MONTECITO PKWY STE 200
LAS VEGAS, NV 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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ORDER

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It is so Ordered.

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25th
July
Dated this ____ day of __________, 2017.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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n:\leann.grp\cases\23602\pleadings\sao to extend discovery deadlines - 3rd request.doc

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LS-23602