Mamunes v. The Signature Condominiums LLC dba Teh Signature at MGM Grand

Filing 19

ORDER Granting Plaintiff's 15 Motion to Extend Discovery Deadlines. Discovery due by 7/26/2017. Motions due by 8/23/2017. Proposed Joint Pretrial Order due by 9/21/2017. Signed by Magistrate Judge Peggy A. Leen on 04/03/2017. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:16-cv-01869-JCM-PAL Document 15 Filed 03/06/17 Page 1 of 7

1
2
3
4
5
6

JONATHAN T. REMMEL, Esq. (8627)
[e-mail]
REMMEL LAW FIRM
6900 Westcliff Drive, Ste 504
Las Vegas, NV 89145
P. [phone]
F. [phone]
Attorney for Plaintiff,
DINA MAMUNES

7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA, SOUTHERN DIVISION

A Professional Corporation

Remmel Law Firm

9
10

DINA MAMUNES,
Civil Action No.: 2:16-CV-01869-JCM-(PAL)

11
12
13
14
15
16
17
18
19
20
21
22

Plaintiff,
vs.
THE SIGNATURE CONDOMINIUMS,
LLC dba THE SIGNATURE AT MGM
GRAND, a Nevada Domestic LimitedLiability Company, DOES 1 through 10;
and ROE CORPORATIONS 1 through 10,
inclusive,

PLAINTIFF DINA MAMUNES’ MOTION
TO EXTEND DISCOVERY DEADLINES
(FIRST REQUEST)

Defendants.
Plaintiff Dina Mamunes (“Plaintiff”), by and through her attorney, JONATHANT T.
REMMEL, ESQ. of the REMMEL LAW FIRM, hereby submits her Motion to Extend Discovery
Deadlines. This Motion will likely be unopposed as the parties were discussing a stipulation to

23

extend the discovery deadlines; however, Defense Counsel left for personal vacation before the

24

Stipulation was formally agreed to, thereby requiring the filing of this Motion to meet the 21 day

25
26
27
28

deadline for filing. This Motion is made pursuant to the provisions of Local Rule 26-4 which
provides for an extension of discovery upon a showing of good cause, and excusable neglect,
present in circumstances such as those at issue here. This is the first request for an extension of
discovery made in this case.

-1-

Case 2:16-cv-01869-JCM-PAL Document 15 Filed 03/06/17 Page 2 of 7

MEMORANDUM OF POINTS AND AUTHORITIES

1
2
3

I. INTRODUCTION
The discovery cut off in this matter is May 26, 2017. The current deadline for initial

4
5

expert disclosures is March 27, 2017. Plaintiff resides in Colorado, along with a majority of her

6

treating physicians. To date, it has been difficult for the parties to obtain records from these out-

7

of-state medical providers. Once the records are obtained, it will also be necessary to submit the

8

same to medical experts for review and consideration. Once the records are secured, the parties

A Professional Corporation

Remmel Law Firm

9
10

may also desire to set the depositions of these providers. However, due existing trial schedules,

11

vacations and other calendaring conflicts, Plaintiff (and presumably the defense) will likely be

12

unable to meet the existing deadlines.

13

The parties were able to confer on March 3, 2017 regarding the issue, but were unable to

14
15

formalize a stipulation regarding this brief extension of discovery before Defense counsel left for

16

vacation. Notwithstanding, and in an abundance of caution, Plaintiff submits this motion for a 60

17

day extension of all discovery deadlines pursuant to FRCP l6(b)(4), FRCP 26 and Local Rule 26-

18

4 in order to best ensure there is enough time for both parties to adequately prepare for the

19
20

pending initial expert discovery deadline.

21

A. Discovery Conducted to Date

22

On August 29, 2016, the parties conducted the Rule 26(f) meeting. The parties have

23

exchanged initial and (several) supplemental Rule 26 disclosures.

Each party has propounded

24
25

initial written discovery requests-- including interrogatories, request to produce, and request for

26

admissions.

27

The Defendant has taken the deposition of Plaintiff.

28

The parties have conducted a site inspection, along with non-destructive testing.

...

-2-

Case 2:16-cv-01869-JCM-PAL Document 15 Filed 03/06/17 Page 3 of 7

1
2
3

B. Remaining Discovery
Discovery to be completed includes:
Deposition of remaining fact witnesses;

4
5

Deposition of defendants’ Rule 30(b)(6) witnesses;

6

Deposition of Plaintiff’s treating physicians;

7

Disclosure of initial and rebuttal expert witnesses; and

8

Depositions of disclosed initial and rebuttal expert witnesses;

A Professional Corporation

Remmel Law Firm

9
10

C. Current Discovery Deadlines

11

Expert Disclosure Deadline and Joint Interim Status Report Deadline: 03/27/2017

12

Rebuttal Expert Disclosure Deadline:

04/26/2017

Discovery Deadline:

05/26/2017

Deadline to File Dispositive Motions:

06/23/2017

Pre-Trial Order Deadline:

07/21/2017

13
14
15
16
17
18

Plaintiff avers, pursuant to Local Rule 6-1, that good cause exists for the requested
extension. Plaintiff also states, pending this Court's approval, extension of remaining discovery

19
20

deadlines is appropriate, as the parties collectively desire to further investigate this case,

21

designate (prepared) experts, and potentially reach a resolution prior to incurring additional fees

22

and costs for further extensive discovery and experts.

23
24
25

D. (Proposed) New Discovery Deadline
Expert Disclosure Deadline and Joint Interim Status Report Deadline: 05/30/2017

26

Rebuttal Expert Disclosure Deadline:

06/30/2017

27

Discovery Deadline:

07/26/2017

Deadline to File Dispositive Motions:

08/23/2017

28

-3-

Case 2:16-cv-01869-JCM-PAL Document 15 Filed 03/06/17 Page 4 of 7

1

Pre-Trial Order Deadline:

2

If the extension is granted, all anticipated additional discovery should be included within

3

09/21/2017

the extended deadline. Plaintiff avers that this request for additional time is made in good faith

4
5
6

and not for the purpose of delay.
II.

7

LEGAL STANDARD
A. Local Rules 6-1 and 26-4

8

Local Rule 6.1 provides:

A Professional Corporation

Remmel Law Firm

9
LR 6-1. REQUESTS FOR CONTINUANCE, EXTENSION OF TIME
OR ORDER SHORTENING TIME.

10
11

(a)
Every motion requesting a continuance, extension of time, or order
shortening time shall be "Filed" by the Clerk and processed as an
expedited matter. Ex parte motions and stipulations shall be governed by
LR 6-2.

12
13
14

(b)
Every motion or stipulation to extend time shall inform the Court
of any previous extensions granted and state the reasons for the extension
requested. A request made after the expiration of the specified period shall
not be granted unless the moving party, attorney, or other person
demonstrates that the failure to act was the result of excusable neglect.
Immediately below the title of such motion or stipulation there shall also
be included a statement indicating whether it is the first, second, third,
etc., requested extension, i.e. STIPULATION FOR EXTENSION OF
TIME TO FILE MOTIONS (First Request)

15
16
17
18
19
20

(c) The Court may set aside any extension obtained in contravention of
this Rule.

21
22

(d) A stipulation or motion seeking to extend the time to file an opposition
or final reply to a motion, or to extend the time fixed for hearing a motion,
must State in its opening paragraph the filing date of the motion.

23
24
25

Local Rule 26-4 provides:

26

LR 26-4. EXTENSION OF SCHEDULED DEADLINES.

27
28

...

-4-

Case 2:16-cv-01869-JCM-PAL Document 15 Filed 03/06/17 Page 5 of 7

Applications to extend any date set by the discovery plan, scheduling
order, or other order must, in addition to satisfying the requirements of LR
6-1, be supported by a showing of good cause for the extension. All
motions or stipulations to extend a deadline set forth in a discovery plan
shall be received by the Court no later than twenty-one (21) days before
the expiration of the subject deadline. A request made after the expiration
of the subject deadline shall not be granted unless the movant
demonstrates that the failure to act was the result of excusable neglect.

1
2
3
4
5
6

Any motion or stipulation to extend a deadline or to reopen discovery shall
include:

7
8

(a) A statement specifying the discovery completed;

A Professional Corporation

Remmel Law Firm

9
(b) A specific description of the discovery that remains to be completed;

10

(c) The reasons why the deadline was not satisfied or the remaining
discovery was not completed within the time limits set by the discovery
plan; and,

11
12
13

(c) A proposed schedule for completing all remaining discovery.

14
15

B.

Good Cause Exists for Extending Existing Discovery Deadlines

16

As demonstrated above, Plaintiff resides in Colorado, Plaintiff’s treating physicians are

17

out-of-state and, to date, there have some difficulties in obtaining complete medical records.

18

Due to trial schedules, vacations, and other calendaring conflicts, out of state depositions of

19
20

Plaintiff’s treating physicians still need to be scheduled. As such, the failure to do so - all while

21

attempting repeatedly to resolve these issues informally - can only be deemed excusable and not

22

to product of neglect. Even if neglect were at issue, "the determination of whether neglect is

23

excusable is an equitable one that depends on a least four factors: (1) the danger of prejudice to

24
25

the opposing party; (2) the length of delay and its potential impact on the proceedings; (3) the

26

reason for the delay; and (4) whether the movant acted in good faith." Bateman v. Us. Postal

27

Service, 231 F.3d 1220, 1223-24 (9th Cir. 2000) (citing Pioneer Investment Services Co. v.

28

Brunswick Assoc. Ltd. Partnership, 507 U.S. 380,395 (1993)).

-5-

Case 2:16-cv-01869-JCM-PAL Document 15 Filed 03/06/17 Page 6 of 7

1
2
3

IV.

C ONCLUSION
Plaintiff respectfully requests a brief sixty (60) day extension of all discovery deadlines

in this case under Rule 26. This will allow parties to complete the remaining discovery, obtain

4
5
6
7

the relevant medical evidence, conduct any out-of-state depositions of Plaintiff’s treating
providers, and disclose experts pursuant to Rule 26(a)(2).
DATED this 6th day of March, 2017.

8

REMMEL LAW FIRM

A Professional Corporation

Remmel Law Firm

9
10

/s/ Jonathan T. Remmel
JONATHAN T. REMMEL, ESQ. (8627)
Attorney for Plaintiff,
DINA MAMUNES

11
12
13
14
15
16
17

ORDER
IT IS SO ORDERED that the discovery deadlines are continued as follows:
(PROPOSED) NEW DISCOVERY DEADLINES

18

Expert Disclosure Deadline and Joint Interim Status Report Deadline:

05/30/2017

19

Rebuttal Expert Disclosure Deadline:

06/30/2017

Discovery Deadline:

07/26/2017

Deadline to File Dispositive Motions:

08/23/2017

Pre-Trial Order Deadline:

09/21/2017

20
21
22
23
24
25
26
27

____________________________________
___________ ___________________
___ _____ ____
_
______
_
__
__ _ _____
____
UNITED STATES MAGISTRATE JUDGE
UNITED STA
N ED TATES MAGISTRATE JU
D
M GS R E
April 3, 2017
DATED: ____________________________

28

-6-

Case 2:16-cv-01869-JCM-PAL Document 15 Filed 03/06/17 Page 7 of 7

1
2
3
4
5

CERTIFICATE OF SERVICE
Pursuant to FRCP 5(b), I certify that I am an employee of REMMEL LAW FIRM, and
that on this 6th day of March, 2017, I served a copy of PLAINTIFF DINA MAMUNES’

6

MOTION TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) on the parties

7

addressed as shown below:

8

___ Via U.S. Mail by placing said document in a sealed envelope with postage prepaid.

A Professional Corporation

Remmel Law Firm

9
10

_X Via Electronic Submission: Submitted to the above-entitled Court for electronic

11

Filing; and/or

12

___ Via Facsimile:

13
14
15
16
17
18
19
20
21
22

Darrell D. Dennis, Esq.
[e-mail]
Steven B. Abbott, Esq.
[e-mail]
Blake A. Doerr, Esq.
[e-mail]
LEWIS BRISBOIS BISGAARD & SMITH, LLP
6385 S. Rainbow Blvd., Suite 600
Las Vegas, NV 89118
Ph. [phone]
Fx. [phone]
Attorneys for Defendant,
THE SIGNATURE CONDOMINIUMS, LLC

23
24
25
26
27

/s/ Emma Powell
An employee of Remmel Law Firm

28

-7-