Richards v. Cox et al

Filing 54

ORDER Granting 53 Stipulation to Extend Discovery and Other Deadlines (Third Request). Discovery due by 5/9/2018. Motions due by 6/7/2018. Proposed Joint Pretrial Order due by 7/12/2018. Signed by Magistrate Judge Peggy A. Leen on 11/28/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-01794-JCM-PAL Document 53 Filed 11/15/17 Page 1 of 5

1 RICHARD A. SCHONFELD, ESQ.
Nevada Bar No. 6815
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CHESNOFF & SCHONFELD
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
Telephone: [phone]
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[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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STIPULATION AND REOUEST TO EXTEND DISCOVERY
AND OTHER DEADLINES
(3" REQUEST)
IT IS HEREBY STIPULATED by and between Plaintiff, STACEY M. RICHARDS, by

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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 Heather B. Zana, Deputy 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

Case 2:16-cv-01794-JCM-PAL Document 53 Filed 11/15/17 Page 2 of 5

close of Discovery being May 9, 2018, subject to this Court's approval:
The Parties seek to modify the Scheduling Order to extend the discovery cut-off date and the
motion cut-off date. This is necessary in order to effectively proceed with discovery herein.
1.

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

2.

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

on September 29, 2016;
3.

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

4.

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

November 1, 2016;
5.

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

represented by Richard A. Schonfeld of Chesnoff and Schonfeld and John Burton of the law offices
of John Burton. Defendants were represented by Clark B. Leslie, Chief Attorney General;
6.

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

deadlines;
7.

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

Defendant;
8.

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

9.

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

and Request for Admissions to Defendants and Mr. Leslie served Defendant's Requests for
Production of Documents and First Set of Interrogatories and Request for Admissions directed to
Plaintiff.
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Case 2:16-cv-01794-JCM-PAL Document 53 Filed 11/15/17 Page 3 of 5

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10.

The parties had been gathering Plaintiff's medical records which include treatment

with multiple providers in both Nevada and California, and therefore it has taken considerable time

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to compile the records;
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11.

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 anticipate attending a mediation;
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12.

The following depositions took place on October 23, 2017, in Los Angeles,

12 California:
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Detective Daniel Gore; and
Sgt. Derek Bumgardner.

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13.

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

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Scheduled Event

Current Deadline

Proposed Deadline

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Discovery Cut-off

January 9, 2018

May 9, 2018

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Amendment of Pleadings and
Addition to Parties

October 9, 2017

February 9, 2018

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

November 7, 2017

March 7, 2018

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

December 7, 2017

April 9, 2018

Interim Status Report

December 7, 2017

April 9, 2018

Dispositive Motions

February 7, 2018

June 7, 2018

Joint Pretrial Order

March 12, 2018

July 12, 2018

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Case 2:16-cv-01794-JCM-PAL Document 53 Filed 11/15/17 Page 4 of 5

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14.

The extension of the discovery deadline will necessitate a new trial date.

15.

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

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

5 by one hundred twenty [120] days from the close of current discovery deadlines. Similarly, the
6 parties request that the expert and rebuttal expert deadlines, the dispositive motion and pretrial order
7 deadlines be extended pursuant to the above-referenced schedule.
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DATED this/Say of November, 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, rd Floor
Las Vegas, Nevada 89101
(702) 84-5563
Telephone:
rschonfeldcslawoffice.net

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Is/

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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 f
ccy M. Ric ards

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/s/
HEATHE
Deputy Attorn
Bureau of Litig
Public Safety D
100 North Carson Street
Carson City, Nevada 89701-4717
Attorneys for Defendants

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Case 2:16-cv-01794-JCM-PAL Document 53 Filed 11/15/17 Page 5 of 5

ORDER
The Court has reviewed the Stipulation of counsel and finds Good Cause to grant said
Stipulation. Accordingly, IT IS ORDERED adopting the above Stipulation and Request to Extend
Discovery and other Deadlines.

IT IS SO ORDERED.
DATED this 28th day of November, 2017.
THE HONORABLE PEGGY A. LEEN
United States Magistrate Judge

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