Hurd et al v. Clark County School District et al

Filing 110

ORDER granting 109 Stipulation to Modify Scheduling Order. Motions due by 6/22/2018. Proposed Joint Pretrial Order due by 7/27/2018. Signed by Magistrate Judge Peggy A. Leen on 3/7/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02011-GMN-PAL Document 109 Filed 03/02/18 Page 1 of 6

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MARIANNE C. LANUTI, SBN 007784
Law Offices of Marianne C. Lanuti
194 Inveraray Court
Henderson, NV 89074
Tel: [phone]
Fax: [phone]
[e-mail]
TODD BOLEY, CA Bar No. 68119
Law Offices of Todd Boley
2831 Mariner Square Dr., Ste 280
Alameda, CA 94501
Tel: [phone]
Fax: [phone]
(admitted Pro Hac Vice)

MARK E. FERRARIO, SBN 1625
KARA B. HENDRICKS, SBN 7743
WHITNEY L. WELCH, SBN 12129
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400
North
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Clark County
School District,
Shawn Paquette and Kristy Keller

PETER W. ALFERT, CA Bar No. 83139
LAW OFFICE OF PETER ALFERT,
P.C.
200 Pringle Ave., Suite 450
Walnut Creek, California 94596
Tel: [phone]
Fax: [phone]
(admitted Pro Hac Vice)

TREVOR J. HATFIELD, SBN 7373
HATFIELD & ASSOCIATES, LTD
703 S. 8th Street
Las Vegas, NV 89101
Tel: [phone]
Fax: [phone]
[e-mail]

Attorneys for Plaintiffs

Attorneys for Defendant James P. Doran

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BROOK M. HURD, GERALDINE C. HURD,
AND M.H., A MINOR, BY AND THROUGH
HER GUARDIAN AD LITEM, BROOK M.
HURD; LUIS O. VILLALOBOS; OLIVIA N.
ESPINOZA; AND L.M.V., A MINOR, BY AND
THROUGH HIS GUARDIAN AD LITEM
OLIVIA N. ESPINOZA;
Plaintiffs,

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v.
CLARK COUNTY SCHOOL DISTRICT,
JAMES P. DORAN, SHAWN PAQUETTE,
AND KRISTY KELLER

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Defendants.

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PROPOSED STIPULATION
LV 421031861v1

Case No. 2:16-cv-02011-GMN-NJK
STIPULATION AND
[PROPOSED] ORDER TO MODIFY THE
SCHEDULING ORDER
[THIRD REQUEST]

Case 2:16-cv-02011-GMN-PAL Document 109 Filed 03/02/18 Page 2 of 6

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IT IS HEREBY STIPULATED by and between the parties to the above-entitled action
that:

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STIPULATION FOR EXTENSION OF THE EXPERT DISCOVERY DEADLINES

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AS DESCRIBED BELOW:

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Written Discovery:

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This stipulation does not extend any deadlines as to written discovery.

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30(b)(6) Witness Deposition Discovery:

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This stipulation requests a brief extension of the current deadline to complete 30(b)(6)

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witness depositions only, until March 19, 2018.

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Expert Discovery:

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This stipulation requests an extension of the current deadline to complete expert

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discovery, until April 30, 2018.
EXPLANATION:

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30(b)(6) Depositions:

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On January 30, 2018 this Court issued an order granting Plaintiff’ request to take
s

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additional lay depositions, denying in part and granting in part Defendants’motion for a

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protective order to limiting the 30(b)(6) depositions previously noticed by Plaintiffs, and

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extending the deadline to complete lay witness depositions until March 1, 2018. The parties have

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diligently worked to complete the depositions within the allotted time. All lay witness

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depositions have been completed by the current deadline. However, the Defendants were unable

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to schedule the depositions of all the 30(b)(6) witnesses within the allotted time due to

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unavoidable conflicts. The parties agree that failure to schedule the depositions of these

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witnesses prior to cut-off was not due to a lack of diligence by any party.

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-1PROPOSED STIPULATION

Case 2:16-cv-02011-GMN-PAL Document 109 Filed 03/02/18 Page 3 of 6

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Expert Discovery:

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Plaintiffs’disclosed experts with reports on December 15, 2017. Defendants’each

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disclosed rebuttal experts, with reports, on January 22, 2018. The parties have completed

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extensive additional depositions subsequent to the initial expert designation deadline.

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Specifically, nineteen depositions were taken by the parties in the time between the expert report

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deadline for initial reports and the current date and an additional seven 30(b)(6) deposition

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categories are scheduled. Plaintiffs assert that the testimony taken at these depositions is

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relevant to the opinions expressed by the experts in their expert reports. As such, Plaintiffs

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intend to supplement the expert reports to reflect the additional testimony and any additional

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opinions (if any) the expert may have formed after reviewing the testimony. Defendants reserve

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the right to file supplemental reports after receipt of Plaintiffs’supplements if deemed necessary.

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The parties request that the Court allow a brief extension of the expert discovery deadline

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which will provide Plaintiffs’experts the opportunity to review the completed deposition

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transcripts of the depositions taken subsequent to the drafting of the initial reports and, if

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necessary, to prepare supplement reports reflecting this new information. This extension will

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also provide Defendants’rebuttal experts an opportunity to review the supplemental reports and

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in turn supplement their own reports if necessary. Finally, the extension will facilitate the

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orderly and economical taking of expert depositions. The parties have agreed to hold off on

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taking any expert depositions until after the supplemental reports are produced in order to avoid

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the unnecessary expense of potentially needing to depose the same experts on multiple

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occasions.

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Current Deposition Schedule Status is as follows:

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2/26/18

Deposition of Kristy Keller was completed

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2/27/18

30(b)(6) deposition of Cathy Scott, re 16 30(b)(6) categories completed

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2/27/18

Deposition of Amy Dinkleman was completed

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2/28/18

Continued deposition of Michael Hollis was completed

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2/28/18

30(b)(6) deposition of Meg Nigro, re 4 categories completed

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3/01/18

30(b)(6) deposition of John Schleifer, re 1 category (deposition designated in
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PROPOSED STIPULATION

Case 2:16-cv-02011-GMN-PAL Document 109 Filed 03/02/18 Page 4 of 6

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lieu of deposition)
3/01/18

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30(b)(6) deposition of Shawn Paquette, re 7 categories (deposition designated
in lieu of deposition for 2 additional categories)

3/01/18

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30(b)(6) deposition of Cesar Zuluaga re 1 category (rescheduled at Plaintiffs’
request)

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3/09/18

30(b)(6) deposition of Okazaki, re 4 categories

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TBD

30(b)(6) deposition Designee re Category 32

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TBD

30(b)(6) deposition of Designee re Category 53
PROPOSED NEW DEADLINES

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Based on the foregoing, the parties request a modification of the discovery deadlines as to
lay depositions only as follows:
1. Current Deadlines:

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L/D to Complete Fact Witness Depositions:

March 1, 2018

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Expert Discovery cut-off date:

March 31, 2018

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Dispositive motion deadline:

April 13, 2018

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Proposed joint pretrial order

May 14, 2018 or 30 days
after the Court rules on any
dispositive motions.

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2. Proposed Deadlines:

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L/D to Complete 30(b)(6) Witness Depositions:

March 19, 2018

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Supplemental Expert Reports
(for Plaintiffs designated experts):

April 13, 2018

Supplemental Rebuttal Expert Report
(for Defendants’designated Rebuttal Reports):

April 27, 2018

Completion of Expert Depositions:

May 25, 2018

Dispositive motion deadline:

June 22, 2018

Proposed joint pretrial order:

The later of July 27, 2018
or 30 days after the Court
rules on any dispositive
motions.

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-3PROPOSED STIPULATION

Case 2:16-cv-02011-GMN-PAL Document 109 Filed 03/02/18 Page 5 of 6

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Date: March 2, 2018

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By: s/ Ian A. Hansen
PETER W. ALFERT
IAN A. HANSEN
Attorneys for Plaintiff

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LAW OFFICES OF PETER W. ALFERT

Date: March 2, 2018

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LAW OFFICES OF MARIANNE C. LANUTI
By: s/ Marianne C. Lanuti
MARIANNE C. LANUTI
Attorneys for Plaintiff

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Date: March 2, 2018

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By: s/ Kara B. Hendricks
KARA B. HENDRICKS
Attorneys for Defendants Clark County School
District, Shawn Paquette, and Kristy Keller

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Date: March 2, 2018

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HATFIELD & ASSOCIATES
By: s/ Trevor J. Hatfield
TREVOR J. HATFIELD
Attorneys for James P. DORAN

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GREENBERG TRAURIG

Date: March 2, 2018

HALL, JAFFE & CLAYTON LLP

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By: s/ Michelle R. Schwarz
STEVEN T. JAFFE
MICHELLE R. SCHWARZ
Attorneys for Defendants Clark County School
District, Shawn Paquette, and Kristy Keller

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-4PROPOSED STIPULATION

Case 2:16-cv-02011-GMN-PAL Document 109 Filed 03/02/18 Page 6 of 6

[PROPOSED] ORDER

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IT IS HEREBY ORDERED that the Court’ scheduling order is modified as follows:
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L/D to Complete 30(b)(6) Witness Depositions:

March 19, 2018

Supplemental Expert Reports
(for Plaintiffs designated experts):

April 13, 2018

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Supplemental Rebuttal Expert Report
(for Defendants’designated Rebuttal Reports):

April 27, 2018

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Completion of Expert Depositions:

May 25, 2018

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Dispositive motion deadline:

June 22, 2018

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Proposed joint pretrial order:

The later of July 27, 2018
or 30 days after the Court
rules on any dispositive
motions.

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Dated: March 7 , 2018

__________________________________________
UNITED STATES MAGISTRATE JUDGE

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-5PROPOSED STIPULATION