Winland v. Harbor freight Tools USA, Inc. et al

Filing 51

ORDER granting 50 Stipulation; Disclosures due 12/15/2017. Signed by Magistrate Judge George Foley, Jr on 12/5/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-00987-JCM-GWF Document 50 Filed 12/04/17 Page 1 of 3

1 D. Lee Roberts, Jr., Esq.
Nevada Bar No. 8877
2 [e-mail]
Jeremy R. Alberts, Esq.
3 Nevada Bar No. 10497
[e-mail]
4 Josephine E. Groh, Esq.
Nevada Bar No. 14209
5 [e-mail]
WEINBERG, WHEELER, HUDGINS,
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GUNN & DIAL, LLC
6385 S. Rainbow Blvd., Ste. 400
7 Las Vegas, NV 89118
Telephone: [phone]
8 Facsimile: [phone]
9 Attorneys for Third-Party Defendant
UniFirst Corporation
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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15 ROBERT WINLAND, Special Administrator
for the Estate of Joyce Windland,
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Plaintiff,
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vs.
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HARBOR FREIGHT TOOLS USA, INC.; and
19 DOES 1 through 100; and ROE
CORPORATIONS 101 through 200,
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Defendants.
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Case No. 2:16-CV-00987-JCM-GWF

STIPULATION AND ORDER TO
EXTEND EXPERT WITNESS
DISCOVERY (FIFTH REQUEST)

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Plaintiff ROBERT WINLAND, SPECIAL ADMINSITRATOR FOR THE ESTATE OF

24 JOYCE WINLAND (“Plaintiff”), Defendant/Third Party Plaintiff HARBOR FREIGHT TOOLS,
25 USA. INC. (“Harbor Freight” or “Defendant”), and Third Party Defendant UNIFIRST
26 CORPORATION (“Third Party Defendant” or “UniFirst”) by and through their respective
27 counsel, hereby respectfully submits their Stipulation and Order to Extend Expert Witness
28 Discovery (Fifth Request) pursuant to Rules 6(b) and 26(f) of the Federal Rules of Civil Procedure
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Case 2:16-cv-00987-JCM-GWF Document 50 Filed 12/04/17 Page 2 of 3

1 and Local Rules 6-1 and 26-4. The proposed Stipulation contemplates a one week extension on
2 the current expert disclosure deadline, given Third Party Defendant UniFirst’s recent entry into the
3 case.
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I. DISCOVERY COMPLETED

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1. Plaintiff and Harbor Freight exchanged their Initial Disclosures pursuant to FRCP 26(a)(1);

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2. Plaintiff propounded written discovery on Harbor Freight;

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3. Harbor Freight responded to Plaintiff’s written discovery;

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4. Plaintiff provided authorizations for Harbor Freight to procure Plaintiff’s medical records;

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5. Harbor Freight requested medical records from Plaintiff’s treating physicians;

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6. Harbor Freight propounded written discovery on Plaintiff;

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7. Both Plaintiff and Harbor Freight disclosed their initial experts;

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8. Harbor Freight disclosed its rebuttal expert;

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9. Harbor Freight deposed Plaintiff and Plaintiff’s medical expert, Dr. Von Preyss-Friedman;

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10. UniFirst was made a third-party defendant via Defendant’s Third-Party Complaint;

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11. Harbor Freight deposed Dr. Samir Saxena;

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12. UniFirst requested from all parties prior pleadings and discovery.

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II. DISCOVERY REMAINING TO BE COMPLETED

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1. Depositions of fact witnesses;

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2. Depositions of treating doctors;

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3. Additional written discovery;

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4. Additional expert depositions.

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III.REASONS DISCOVERY HAS NOT BEEN COMPLETED

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UniFirst recently filed their answer on September 12, 2017.

UniFirst encountered

24 difficulties with obtaining certain documents pertinent to their defense in this case. As a result,
25 this delayed UniFirst’s experts in reviewing the documents necessary to drafting their reports. An
26 additional one week is needed for UniFirst’s experts to adequately prepare their reports.
27 Accordingly, the parties are requesting a one week extension to the current initial expert disclosure
28 deadline only.
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Case 2:16-cv-00987-JCM-GWF Document 50 Filed 12/04/17 Page 3 of 3

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IV. PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY

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Current Date

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12/8/2017

Initial Expert Disclosures

Proposed Date
12/15/2017

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V. CONCLUSION

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Based on the foregoing, the Parties respectfully request that this Court extend the initial

6 expert disclosure deadline as described.
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DATED this 4th day of December, 2017.
BERNSTEIN & POISSON LLP

LEWIS BRISBOIS BISGAARD & SMITH,
LLP

/s/ Jennifer Gastelum

/s/ Blake A. Doerr

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Jennifer Gastelum, Esq.
700 S. Jones Blvd.

Las Vegas, NV 89107

Blake A. Doerr , Esq.
6385 S. Rainbow Blvd. #600
Las Vegas, NV 89118

Attorneys for Plaintiff

Attorneys for Defendant Harbor Freight

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WEINBERG WHEELER HUDGINS
GUNN
& DIAL
/s/ Jeremy R. Alberts

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D. Lee Roberts, Jr., Esq.
Jeremy R. Alberts, Esq.
Josephine E. Groh, Esq.
Weinberg, Wheeler, Hudgins,
Gunn & Dial, LLC
6385 S. Rainbow Boulevard, Suite 400
Las Vegas, Nevada 89118
Attorneys for Third-Party Defendant
Unifirst Corporation
ORDER

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IT IS SO ORDERED

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DATE: 12/05/2017
UNITED STATES MAGISTRATE JUDGE

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