Santana v. Wal-Mart, et al

Filing 18

ORDER Granting 17 Stipulation to Extend Discovery Deadlines. Signed by Magistrate Judge George Foley, Jr on 9/13/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00973-GMN-GWF Document 17 Filed 09/08/16 Page 1 of 3

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BRENDA ENTZMINGER
Nevada Bar No. 9800
BETSY JEFFERIS
Nevada Bar No. 12980
PHILLIPS, SPALLAS & ANGSTADT LLC
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]
Attorneys for Defendant
Wal-Mart Stores, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MAGGIE J. SANTANA, individually,

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Case No.: 2:16-cv-00973-GMN-GWF

Plaintiff,

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v.

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WAL-MART STORES, INC., a Foreign
corporation; DOES 1 through 100; and ROE
CORPORATIONS 1 through 100,

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[PROPOSED] ORDER TO EXTEND
DISCOVERY DEADLINES
[FIRST REQUEST]

Defendants.

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COMES NOW Plaintiff Maggie J. Santana (hereinafter “Plaintiff”), by and through her
counsel of record, Elaine H. Marzola, Esq. of Richard Harris Law Firm, and Defendant, Wal-Mart
Stores, Inc. (“Walmart”) by and through its counsel of record, Betsy C. Jefferis, Esq. of the law firm

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of Phillips, Spallas & Angstadt, LLC and hereby stipulate to modify the scheduling order to extend the

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initial and rebuttal expert disclosure deadlines by thirty (30) days. Pursuant to Local Rule 6-1(b), the

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parties state this is their first request for such leave.

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DISCOVERY COMPLETED TO DATE
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The parties have conducted an FRCP 26(f) conference and have served their respective
FRCP 26(a) disclosures;

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

The parties have completed written discovery;

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

Walmart has deposed Plaintiff.

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Case 2:16-cv-00973-GMN-GWF Document 17 Filed 09/08/16 Page 2 of 3

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DISCOVERY TO BE COMPLETED AND
REASONS FOR EXTENSION OF DISCOVERY

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Discovery to be completed includes:

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
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

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Depositions of fact witnesses/store employees;
Depositions of expert witnesses and treating medical providers;
Deposition of Walmart’s Rule 30(b)(6) witness;
FRCP 35 Independent Medical Examination of Plaintiff

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The parties aver, pursuant to Local Rule 2.25, that good cause exists for the requested extension. The
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parties agree that, pending this Court’s approval, extension of initial and rebuttal expert disclosure

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deadlines is appropriate, as the parties wish to further investigate this case, conduct necessary

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discovery prior to pertinent deadlines, and potentially reach a resolution prior to incurring fees and

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costs for extensive discovery and experts. Despite the good faith efforts of the parties to comply with

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the Court’s discovery deadlines, Defendant’s expert’s availability for a records review and

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independent medical examination of Plaintiff Maggie Santana, as well as the availability of Plaintiff to

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appear for the same necessitates this extension.
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[PROPOSED] NEW DISCOVERY DEADLINES

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Initial Expert Disclosure Deadline

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Currently: August 29, 2016

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Proposed: September 28, 2016

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Rebuttal Expert Disclosure Deadline

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Currently: September 26, 2016

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Proposed: October 26, 2016

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//

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//

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//

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//
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Case 2:16-cv-00973-GMN-GWF Document 17 Filed 09/08/16 Page 3 of 3

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If this extension is granted, all discovery mentioned above should be concluded within the

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stipulated extended deadline. The parties aver that this request for extension of discovery deadlines is

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made by the parties in good faith and not for the purpose of delay.

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DATED this 8th day of September, 2016.

DATED this 8th day of September, 2016.

RICHARD HARRIS LAW FIRM

PHILLIPS, SPALLAS & ANGSTADT LLC

/s/ Elaine H. Marzola

/s/ Betsy Jefferis

ELAINE H. MARZOLA, ESQ.
Nevada Bar No. 12442
801 South 4th Street
Las Vegas, NV 89101
[phone]
Attorneys for Plaintiff

BETSY JEFFERIS, ESQ.
Nevada Bar No. 12980
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]
Attorneys for Defendant
Wal-Mart Stores, Inc.

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ORDER
IT IS SO ORDERED.
September
DATED this 13th day of ____________________, 2016.
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UNITED STATES DISTRICT COURT JUDGE
UNITED STATES MAGISTRATE JUDGE

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Respectfully Submitted by:
PHILLIPS, SPALLAS & ANGSTADT LLC
/s/ Betsy C. Jerfferis
______________________________________
BRENDA H. ENTZMINGER
Nevada Bar No. 9800
BETSY C. JEFFERIS
Nevada Bar No. 12980
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Wal-Mart Stores, Inc.
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