Brown v. Albertsons, LLC

Filing 46

ORDER granting 45 Stipulation re Discovery Deadlines. Discovery due by 3/8/2018. Motions due by 4/6/2018. Proposed Joint Pretrial Order due by 5/7/2018. Signed by Magistrate Judge Peggy A. Leen on 11/28/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-01991-JAD-PAL Document 45 Filed 11/14/17 Page 1 of 5

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LEW BRANDON, JR., ESQ.
Nevada Bar No. 5880
JUSTIN W. SMERBER, ESQ.
Nevada Bar No. 10761
MATTHEW WHITTAKER, ESQ.
Nevada Bar No. 13281
MORAN BRANDON BENDAVID MORAN
630 S. Fourth Street
Las Vegas, Nevada 89101
[phone]
[phone] - facsimile
[e-mail]
Attorneys for Defendant,
ALBERTSONS, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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TAMECIA BROWN,
CASE NO.: 2:16-cv-01991-JAD-PAL
Plaintiff,

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v.

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ALBERTSON’S LLC, a foreign limited
liability company; DOES I through X; and
ROE ENTITIES I through X,

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Defendants.

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STIPULATION AND ORDER FOR EXTENSION/MODIFICATION OF DISCOVERY
PLAN AND SCHEDULING ORDER
(FIFTH REQUEST)

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Plaintiff, TAMECIA BROWN, and Defendant, ALBERTSON’S, LLC, by and through

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its undersigned attorneys, submit to the Court the following Stipulation and Order for

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Extension/Modification of the Discovery Plan and Scheduling Order pursuant to LR IA 6-1, LR

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26-4 (a) and Court Order Document No. 13.

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Case 2:16-cv-01991-JAD-PAL Document 45 Filed 11/14/17 Page 2 of 5

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I.

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Local Rule 6-1
Under LR IA 6-1(a) every stipulation to extend time must inform the court of any

previous extensions granted and state the reason for the extension requested.

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A.

The Requirement of Local Rule 6-1 Are Satisfied

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This is the fifth request for extension filed by the parties. This fifth extension comes at

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the direction of the Court following the hearing on Albertsons, LLC’s Motion to Strike

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Plaintiff’s Future Damages. In ruling upon said motion, the Court directed the parties to enter a

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stipulation to extend the discovery deadlines by 60 days from the date of the November 7, 2017

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hearing so as to allow Albertsons, LLC to designate a spine expert for its case-in-chief, as well
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as to provide rebuttal opinions to Plaintiff’s Expert’s opinions regarding the need for future

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spine care. Accordingly, the parties are submitting this stipulation to continue the discovery

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deadlines.

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II.

Local Rule 26-4(a)

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Under LR 26-4 (a) a statement specifying the Discovery completed:
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Both Plaintiff and Defendant have exchanged their initial documents and witness

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disclosures, with supplements thereto. Plaintiff has provided responses to Defendant’s written

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discovery requests on the following dates: Plaintiff’s Responses to Defendant’s First Set of

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Requests for Admissions, Plaintiff’s Responses to Defendant’s First Set of Requests for

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Production of Documents, and Plaintiff’s Responses to Defendant’s First Set of Request of

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Interrogatories all dated November 8, 2016. Subpoenas for Plaintiff’s medical records were

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sent out November 17, 2016. Defendant has also responded to Plaintiff’s discovery requests:

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Defendant’s Responses to Plaintiff’s First Set of Requests for Admissions dated November 1,

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Case 2:16-cv-01991-JAD-PAL Document 45 Filed 11/14/17 Page 3 of 5

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2016 and Defendant’s Responses to Plaintiff’s First Set of Requests for Production of

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Documents and Answers to Plaintiff’s First Set of Interrogatories both dated November 8, 2016.

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Moreover, Plaintiff completed the deposition of Defendant employee, John Ryan

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Ramirez on November 8, 2016. Plaintiff also completed the deposition of Defendant’s Person
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Most Knowledgeable on November 10, 2016. Further, Plaintiff’s deposition was conducted on

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December 21, 2016.

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subpoenaed as her care continues.

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Plaintiff’s medical records have been subpoenaed and continue to be

The deposition of Plaintiff’s Medical Expert, Dr. Nik Liu was completed on October 26,
2017. The deposition of Plaintiff’s Medical Expert, Dr. Andrew Cash was partially completed

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on October 12, 2017 and is scheduled to be completed on November 30, 2017. The parties are

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continuing to complete expert depositions.

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III.

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Local Rule 26-4(b)
Under LR 26-4(b) a specific description of the Discovery that remains to be completed:

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1. Designation of a Spine Expert by the Defense for case-in-chief;
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2. Rule 35 Examination of Plaintiff;

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3. Designation of Rebuttal Spine Expert by the Defense;

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4. Continued deposition of Dr. Andrew Cash – set for November 30, 2017;

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5. Deposition of Defense Expert, Dr. Kirk Mendez – set for November 15, 2017;

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6. Deposition of Plaintiff’s Expert, Nurse Dawn Cook – set for November 15, 2017; and

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7. Depositions of Defendant’s Spine Expert(s) – TBD upon request of Plaintiff.

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Case 2:16-cv-01991-JAD-PAL Document 45 Filed 11/14/17 Page 4 of 5

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IV.

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Local Rule 26-4(c)
Under LR 26-4(c) the reasons why Discovery remaining was not completed within the

time limits set by the Discovery Plan:

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The aforementioned discovery, with the exception of the expert depositions, was not
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previously completed because Albertsons, LLC needed leave of the Court to perform these

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tasks. It was only upon the Court’s Order that Albertsons, LLC was permitted to disclose a

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Spine Expert in its case-in-chief, to perform a Rule 35 Exam and to disclose a rebuttal spine

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expert relative to Plaintiff’s future spine care opinions.

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The Expert Depositions were all

scheduled to be completed within the Court’s previously issued scheduling order, which had a

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close of discovery of November 30, 2017.
V.

Local Rule 26-4(d)
Under LR 26-4(d) a proposed schedule for completing all remains Discovery:
(i) Discovery cutoff dates:

Extend the current Discovery cutoff date from

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November 30, 2017 to a Discovery cutoff date of March 8, 2018;
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(ii) Expert witness disclosures, for the purpose of Defendant to disclose a Spine

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Exert for its case-in-chief, January 8, 2018.

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(iii) Rebuttal expert witness disclosures, for the purpose of Defendant to disclose a

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rebuttal expert regarding Plaintiff’s future spine care, February 7, 2018;

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(iv) Submittal of the Joint Pre-Trial Order (if no Dispositive Motions are filed) to be

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extended from November 3, 2017 to May 7, 2018; and

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(v) Final date to file Dispositive Motions extended from September 5, 2017 to April

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6, 2018.

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Case 2:16-cv-01991-JAD-PAL Document 45 Filed 11/14/17 Page 5 of 5

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Therefore, good cause existing, counsel jointly request that this Honorable Court approve
the above proposed extended Discovery dates.
DATED this 14th day of November, 2017.

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TANNER LAW FIRM

MORAN BRANDON BENDAVID MORAN

/s/ David A. Tanner, Esq.
DAVID A. TANNER, ESQ.
Nevada Bar No. 8282
8635 S. Eastern Avenue
Las Vegas, Nevada 89123
Attorney for Plaintiff,
TAMECIA BROWN

/s/ Lew Brandon, Jr., Esq.
LEW BRANDON, JR., ESQ.
Nevada Bar No. 5880
JUSTIN W. SMERBER, ESQ.
Nevada Bar No. 10761
MATTHEW WHITTAKER, ESQ.
Nevada Bar No. 13281
630 S. Fourth Street
Las Vegas, Nevada 89101
Attorneys for Defendant,
ALBERTSON’S, LLC

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IT IS SO ORDERED.
____________________________
U.S. Magistrate Judge

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November 28, 2017
Dated:_______________________

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