Richards v. Cox et al

Filing 51

ORDER granting 50 Stipulation to Extend Discovery Deadlines. ( Discovery due by 1/9/2018. Motions due by 2/7/2018. Proposed Joint Pretrial Order due by 3/12/2018.) Signed by Magistrate Judge Peggy A. Leen on 7/12/2017. (Copies have been distributed pursuant to the NEF - DKJ)

1 RICHARD A. SCHONFELD, ESQ.
Nevada Bar No. 6815
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CHESNOFF & SCHONFELD
nd
3 520 South Fourth Street, 2 Floor
Las Vegas, Nevada 89101
4 Telephone: [phone]
[e-mail]
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6 JOHN BURTON, Pro Hac Vice
California Bar No. 86029
7 THE LAW OFFICES OF JOHN BURTON
128 North Fair Oaks Avenue
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Pasadena, California 91103
9 Telephone: [phone]
[e-mail]
10 Attorneys for Plaintiff, Stacey M. Richards
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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STACEY M. RICHARDS,
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Plaintiff,

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17 GREG COX, et al.
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Defendants.

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) CASE NO. 2:16-CV-1794-JCM-PAL
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STIPULATION AND REQUEST TO EXTEND DISCOVERY
AND OTHER DEADLINES
(2ND REQUEST)

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IT IS HEREBY STIPULATED by and between Plaintiff, STACEY M. RICHARDS,

24 by his counsel Richard A. Schonfeld, Esq., of the law offices of Chesnoff & Schonfeld, and John
25 Burton, Esq., of the law offices of John Burton, and Clark G. Leslie, Chief Attorney General,
26 counsel for Defendants, Greg Cox, et al, pursuant to FRCP 26(f) and Local Rule 26-1(e), that the
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discovery deadline dates and trial of this matter, shall be extended by at least ninety days with the

1 close of Discovery being January 9, 2018, subject to this Court’s approval:
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The Parties seek to modify the Scheduling Order to extend the discovery cut-off date and

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the motion cut-off date. This is necessary in order to effectively proceed with discovery herein.
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1.

Plaintiff’s Complaint was filed on July 28, 2016;

2.

Defendants Eric Boardman, Michael Byrne and William Gittere’s Answer was filed

7 on September 29, 2016;
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3.

Defendant Michael Fletcher’s Answer to Complaint was filed on October 14, 2016;

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Defendants Renee Baker and Greg Cox’s Answer to Complaint was filed on

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11 November 1, 2016;
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5.

Counsel conducted the required case conference on October 5, 2016. Plaintiff was

13 represented by Richard A. Schonfeld of Chesnoff and Schonfeld and John Burton of the law
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offices of John Burton. Defendants were represented by Clark G. Leslie, Chief Attorney General;

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6.

On November 9, 2016, this Honorable Court entered an Order setting discovery

17 deadlines;
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7.

On February 8, 2017, Plaintiff Initial Disclosures were electronically served on

19 Defendant;
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8.

On February 21, 2017, Plaintiff received Defendant’s Initial Disclosures;

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Plaintiff served Requests for Production of Documents, First Set of Interrogatories

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23 and Request for Admissions to Defendants and Mr. Leslie served Defendant’s Requests for
24 Production of Documents and First Set of Interrogatories and Request for Admissions directed to
25 Plaintiff;
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10.

Plaintiff and Defendants have responded to the written discovery requests;

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11.

The parties have been gathering Plaintiff’s medical records which include treatment

with multiple providers in both Nevada and California, which took considerable time to complile.

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Said records have been exchanged between the parties;
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12.

The parties have been engaged in dialogue with an eye toward resolving this case.

6 As a result, the parties had a joint call with one of the Plaintiff’s surgeons that treated the Plaintiff
7 after the incident in question. The purpose of the call was for the parties to gain insight as to the
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potential testimony of said witness without the need for a deposition at this time. The parties will

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continue their dialogue and believe that it is a better use of resources to attempt to resolve the case
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prior to the expenses associated with retaining and designating expert witnesses;
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The Plaintiff was examined by Dr. Baruch Kupperman, a potential Plaintiff’s

13 expert, on November 15, 2016. In furtherance of the parties’ efforts to resolve this matter the
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Plaintiff shared the records and reports that resulted from that examination, prior to any expert

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disclosure requirement being triggered;
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The parties have been diligent in their discovery efforts, and if the matter is not

18 resolved, there will be a need for numerous depositions in various locations within the United
19 States, which necessitates the need for the additional time that is being requested herein;
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15.

The following is a list of the current discovery deadlines and the parties’ proposed

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extended deadlines.

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Scheduled Event

Current Deadline

Proposed Deadline

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Discovery Cut-off

October 9, 2017

January 9, 2018

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Amendment of Pleadings
and Addition to Parties

July 7, 2017

October 9, 2017

Expert Disclosures pursuant
to Fed R. Civ. PP 26(a)(2)

August 7, 2017

November 7, 2017

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September 7, 2017

December 7, 2017

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Rebuttal Expert Disclosures
pursuant to Fed R. Civ. PP.
26 (a)(2)

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Interim Status Report

September 7, 2017

December 7, 2017

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Dispositive Motions

November 7, 2017

February 7, 2018

Joint Pretrial Order

December 11, 2017

March 12, 2018

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16.

This is the second request for extension of time in this matter.

WHEREFORE, the parties respectfully request that this Court extend the discovery

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periods as outlined above.
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DATED this

day of July, 2017.

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Respectfully submitted:

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/s/
RICHARD A. SCHONFELD, ESQ.
Nevada Bar No. 6815
CHESNOFF & SCHONFELD
520 South Fourth Street, 2nd Floor
Las Vegas, Nevada 89101
Telephone:
(702) 84-5563
[e-mail]

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/s/
JOHN BURTON, Pro Hac Vice
California Bar No. 86029
THE LAW OFFICES OF JOHN BURTON
128 North Fair Oaks Avenue
Pasadena, California 91103
Telephone:
[phone]
[e-mail]
Attorneys for Plaintiff, Stacey M. Richards

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/s/
CLARK G. LESLIE
Chief Attorney General
Bureau of Litigation
Public Safety Division
100 North Carson Street
Carson City, Nevada 89701-4717
Attorneys for Defendants

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ORDER
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The Court has reviewed the Stipulation of counsel and finds Good Cause to grant said

3 Stipulation. Accordingly, IT IS ORDERED adopting the above Stipulation and Request to
4 Extend Discovery and other Deadlines.
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IT IS SO ORDERED.
DATED this 12 day of July, 2017.

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THE HONORABLE PEGGY A. LEEN
United States Magistrate Judge

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