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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1 2 3 4 5 6 7 BRYAN H. BLACKWELL, ESQ. Nevada Bar No. 12558 RICHARD HARRIS LAW FIRM 801 South Fourth Street Las Vegas, Nevada 89101 Phone (702) 444-4444 Fax (702) 444-4455 E-Mail: Attorney for Plaintiff Attorneys for Defendant Wal-Mart Stores, Inc. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 LUCINDA CRAIG, 12 13 14 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] 15 16 Defendants. 17 COME NOW, Plaintiff Lucinda Craig (hereinafter “Plaintiff”), by and through her counsel of 18 record, Bryan Blackwell, Esq. of Richard Harris Law Firm, and Defendant Wal-Mart Stores, Inc. (“Wal- 19 Mart”), by and through its counsel of record, Ryan Kerbow, Esq. of the law firm of Phillips, Spallas & 20 Angstadt, LLC, and hereby stipulate to modify the scheduling order. Pursuant to Local Rule 6-1(b), the 21 parties state that this is their third request for such leave. 22 DISCOVERY COMPLETED TO DATE 23 • The parties have exchanged initial disclosures of documents and the names of individuals with 24 knowledge of the facts pertaining to the claims set forth in this matter. 25 • Wal-Mart responded to Plaintiff’s propounded written discovery requests, including 26 Interrogatories and Requests for Production of Documents to Defendant. 27 • Wal-Mart propounded a First Set of Interrogatories and First Set of Requests for Production of 28 Documents. Plaintiff has served responses. -1- 1 • Plaintiff has been deposed. 2 • Plaintiff underwent an FRCP 35 Examination by Wal-Mart’s retained expert physician. 3 • Plaintiff has served her initial expert disclosures. 4 • Defense has served its initial expert disclosures. 5 • Defense has served rebuttal expert disclosures. 6 • Plaintiff has deposed Walmart’s Rule 30(b)(6) representative. 7 • Walmart has deposed Plaintiff’s retained expert witnesses. 8 • Walmart has deposed certain of Plaintiff’s treating physicians. 9 • Plaintiff has deposed Walmart’s retained expert, Dr. Ewers. 10 • The parties have deposed fact witness, Daria Lee. 11 12 REASONS FOR EXTENSION TO COMPLETE DISCOVERY 13 The parties aver, pursuant to Local Rule 6-1(b), good cause exists for a 30-day extension 14 of discovery deadlines. As a result of Wal-Mart’s motion for Rule 37(c) sanctions [ECF No. 15], the 15 Court ordered that Wal-Mart may disclose additional affirmative expert opinions by June 15, 2017. 16 However, because – unbeknownst to Wal-Mart – certain key medical imaging files pertaining to 17 Plaintiff’s claimed injuries that Wal-Mart obtained through discovery were corrupted and un- 18 viewable, a fact Wal-Mart learned of only recently from Wal-Mart’s medical expert, Wal-Mart is 19 having to re-order and re-obtain said medical imaging. Said medical imaging is necessary for the 20 additional expert opinions that Wal-Mart will disclose. As such, a brief extension is needed. 21 CURRENT DISCOVERY DEADLINES 22 Deadline for Wal-Mart to make expert disclosures: 6/15/17 23 Deadline to Plaintiff to make rebuttal expert disclosures: 7/15/17 24 25 [PROPOSED] NEW DISCOVERY DEADLINES 26 Deadline for Wal-Mart to make expert disclosures: 7/15/17 27 Deadline to Plaintiff to make rebuttal expert disclosures: 8/14/17 28 -2- 1 2 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 Ryan M. Kerbow, Esq. Nevada Bar. No. 9800 PHILLIPS, SPALLAS & ANGSTADT, LLC 504 South Ninth Street Las Vegas, Nevada 89101 Attorneys for Plaintiff Lucinda Craig Attorneys for Defendant Wal-Mart Stores, Inc. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IT IS SO ORDERED: _____________________________________ UNITED STATES MAGISTRATE JUDGE June 14, 2017 DATED:_____________________________ 18 19 20 21 22 23 24 25 26 27 28 -3-

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