Craig v. Wal-Mart

Filing 21

ORDER Granting 20 Stipulation for Extension of Time re Discovery Deadlines (Third Request). See Order for deadlines. Signed by Magistrate Judge Peggy A. Leen on 6/14/17. (Copies have been distributed pursuant to the NEF - MR)

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BRYAN H. BLACKWELL, ESQ.
Nevada Bar No. 12558
RICHARD HARRIS LAW FIRM
801 South Fourth Street
Las Vegas, Nevada 89101
Phone [phone]
Fax [phone]
E-Mail: [e-mail]
Attorney for Plaintiff
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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LUCINDA CRAIG,

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2:16-cv-01020-JCM-PAL
Plaintiff,
STIPULATION AND ORDER TO
EXTEND
DISCOVERY
DEADLINES

vs.
WAL-MART STORES, INC.; DOES 1-20 and
ROE BUSINESS ENTITIES 1-20, inclusive,

[Third Request]

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Defendants.

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COME NOW, Plaintiff Lucinda Craig (hereinafter “Plaintiff”), by and through her counsel of

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record, Bryan Blackwell, Esq. of Richard Harris Law Firm, and Defendant Wal-Mart Stores, Inc. (“Wal-

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Mart”), by and through its counsel of record, Ryan Kerbow, Esq. of the law firm of Phillips, Spallas &

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Angstadt, LLC, and hereby stipulate to modify the scheduling order. Pursuant to Local Rule 6-1(b), the

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parties state that this is their third request for such leave.

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DISCOVERY COMPLETED TO DATE

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• The parties have exchanged initial disclosures of documents and the names of individuals with

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knowledge of the facts pertaining to the claims set forth in this matter.

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• Wal-Mart responded to Plaintiff’s propounded written discovery requests, including

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Interrogatories and Requests for Production of Documents to Defendant.

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• Wal-Mart propounded a First Set of Interrogatories and First Set of Requests for Production of

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Documents. Plaintiff has served responses.
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• Plaintiff has been deposed.

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• Plaintiff underwent an FRCP 35 Examination by Wal-Mart’s retained expert physician.

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• Plaintiff has served her initial expert disclosures.

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• Defense has served its initial expert disclosures.

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• Defense has served rebuttal expert disclosures.

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• Plaintiff has deposed Walmart’s Rule 30(b)(6) representative.

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• Walmart has deposed Plaintiff’s retained expert witnesses.

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• Walmart has deposed certain of Plaintiff’s treating physicians.

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• Plaintiff has deposed Walmart’s retained expert, Dr. Ewers.

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• The parties have deposed fact witness, Daria Lee.

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REASONS FOR EXTENSION TO COMPLETE DISCOVERY

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The parties aver, pursuant to Local Rule 6-1(b), good cause exists for a 30-day extension

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of discovery deadlines. As a result of Wal-Mart’s motion for Rule 37(c) sanctions [ECF No. 15], the

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Court ordered that Wal-Mart may disclose additional affirmative expert opinions by June 15, 2017.

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However, because – unbeknownst to Wal-Mart – certain key medical imaging files pertaining to

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Plaintiff’s claimed injuries that Wal-Mart obtained through discovery were corrupted and un-

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viewable, a fact Wal-Mart learned of only recently from Wal-Mart’s medical expert, Wal-Mart is

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having to re-order and re-obtain said medical imaging. Said medical imaging is necessary for the

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additional expert opinions that Wal-Mart will disclose. As such, a brief extension is needed.

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CURRENT DISCOVERY DEADLINES

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Deadline for Wal-Mart to make expert disclosures:

6/15/17

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Deadline to Plaintiff to make rebuttal expert disclosures:

7/15/17

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[PROPOSED] NEW DISCOVERY DEADLINES

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Deadline for Wal-Mart to make expert disclosures:

7/15/17

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Deadline to Plaintiff to make rebuttal expert disclosures:

8/14/17

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DATED this 13th day of June, 2017

DATED this 13th day of June, 2017

RICHARD HARRIS LAW FIRM

PHILLIPS, SPALLAS & ANGSTADT LLC

/s/ Bryan Blackwell

/s/ Ryan Kerbow

BRYAN H. BLACKWELL, ESQ.
Nevada Bar No.12558
RICHARD HARRIS LAW FIRM
801 S. Fourth Street
Las Vegas Nevada, NV 89101
[e-mail]

Ryan M. Kerbow, Esq.
Nevada Bar. No. 9800
PHILLIPS, SPALLAS & ANGSTADT, LLC
504 South Ninth Street
Las Vegas, Nevada 89101
[e-mail]

Attorneys for Plaintiff
Lucinda Craig

Attorneys for Defendant
Wal-Mart Stores, Inc.

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IT IS SO ORDERED:

_____________________________________
UNITED STATES MAGISTRATE JUDGE
June 14, 2017
DATED:_____________________________

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