Delgadillo v. Wal-Mart Stores, Inc.

Filing 26

ORDER Granting 24 Stipulation for Leave to Conduct Certain Discovery Outside the Discovery Period. Signed by Magistrate Judge Nancy J. Koppe on 3/30/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-01250-KJD-NJK Document 24 Filed 03/29/17 Page 1 of 4

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BRENDA H. ENTZMINGER, ESQ.
Nevada Bar No. 9800
TIMOTHY D. KUHLS, ESQ.
Nevada Bar No. 13362
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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RENAUD DELGADILLO,

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Case No.: 2:16-cv-01250-KJD-NJK

Plaintiff,

v.

WAL-MART STORES, INC., a Foreign
Corporation; DOE Wal-Mart, Inc. Employee;
DOES 1 through 20; ROE BUSINESS
ENTITIES 1 through 20, inclusive jointly and
severally,

STIPULATION AND [PROPOSED]
ORDER FOR LEAVE TO CONDUCT
CERTAIN DISCOVERY OUTSIDE THE
DISCOVERY PERIOD

Defendants.

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Plaintiff RENAUD DELGADILLO (hereinafter “Plaintiff”) and Defendant WAL-MART

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STORES, INC. (hereinafter “Defendant”), by and through their respective counsel of record, do hereby

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stipulate to conduct certain discovery outside the discovery period. Specifically, the parties stipulate

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that Defendant shall take the deposition of Plaintiff’s treating psychologist, Louis F. Mortillaro,

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Ph.D. on Tuesday, April 18, 2017.

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DISCOVERY COMPLETED TO DATE

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The parties have conducted an FRCP 26(f) conference.

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The parties have served and exchanged their respective FRCP 26(a) initial disclosures.

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Plaintiff has served upon Defendants three sets of Requests for Admissions, two set of

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Interrogatories and three sets of Requests for Production of Documents. Defendant has served

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responses.

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Defendant has served upon Plaintiff two sets of Requests for Admissions, Interrogatories and
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Case 2:16-cv-01250-KJD-NJK Document 24 Filed 03/29/17 Page 2 of 4

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Requests for Production of Documents. Plaintiff has served responses.

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Defendant has noticed and taken the depositions of Plaintiff and witness Karla Sandoval.

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Defendant has noticed and taken the depositions of Plaintiff’s treating physicians Dr. James

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Forage, Dr. Daniel Fabito and Dr. William Muir.

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Plaintiff has noticed and taken the depositions of Defendant employee, Cherie Randolph.

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Plaintiff has undergone a FRCP Rule 35 exam by Defendant’s expert witness and physician.

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Each party has made their respective expert disclosures.

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Defendant has noticed and taken the depositions of Plaintiff’s designated experts Dr. Jeffrey

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Gross and Mr. John Peterson.

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Defendant has obtained executed authorizations from Plaintiff and has commenced and

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completed the process of subpoenaing and receiving records from Plaintiff’s providers.

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DISCOVERY TO BE COMPLETED OUTSIDE THE DISCOVERY PERIOD

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Discovery to be completed includes:

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Defendant’s deposition of Plaintiff’s treating psychologist, Louis F. Mortillaro, Ph.D.;

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The parties aver that good cause exists for the request pursuant to Local Rule 2.25. Plaintiff
disclosed Dr. Mortillaro as a non-retained expert witness on February 28, 2017, approximately one week
before the discovery cutoff. In order to preserve its right to depose Dr. Mortillaro, Defendant timely filed a
Notice of Deposition. Due to his busy schedule, Dr. Mortillaro’s deposition could not be scheduled within
the discovery period.

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The parties aver that this request is made by the parties in good faith and not for the purpose of
delay.
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...
...
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...

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Case 2:16-cv-01250-KJD-NJK Document 24 Filed 03/29/17 Page 3 of 4

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DATED this 29th day of March, 2017.
RICHARD HARRIS LAW FIRM

PHILLIPS, SPALLAS & ANGSTADT, LLC

/s/ Michaela E. Tramel
________________________________
MICHAELA E. TRAMEL, ESQ.
Nevada Bar No. 19466
801 S. 4th Street
Las Vegas, Nevada 89101
[phone]

/s/ Timothy D. Kuhls
___________________________________
TIMOTHY D. KUHLS, ESQ.
Nevada Bar No. 13362
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]

Attorneys for Plaintiff
Renaud Delgadillo

Attorneys for Defendant
Wal-Mart Stores, Inc.

IT IS SO ORDERED.
NO FURTHER EXTENSIONS
WILL BE GRANTED.

_____________________________________
UNITED STATES MAGISTRATE JUDGE
March 30, 2017
DATED:______________________________

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Respectfully submitted:
PHILLIPS, SPALLAS & ANGSTADT LLC
/s/ Timothy D. Kuhls
_____________________________________
BRENDA H. ENTZMINGER, ESQ.
Nevada Bar No. 9800
TIMOTHY D. KUHLS, ESQ.
Nevada Bar No. 13362
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]
Attorneys for Defendant
Wal-Mart Stores, Inc.

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