Boytor v. Wal-Mart Stores, Inc.

Filing 14

ORDER Granting 13 Stipulation to Extend Expert Discovery Deadlines. Signed by Magistrate Judge George Foley, Jr on 11/22/2016. (Copies have been distributed pursuant to the NEF - AC)

Case 2:16-cv-02023-JAD-GWF Document 13 Filed 11/21/16 Page 1 of 4

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BRENDA H. ENTZMINGER
Nevada Bar No. 9800
BETSY C. JEFFERIS
Nevada Bar No. 12980
PHILLIPS, SPALLAS & ANGSTADT LLC
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Wal-Mart Stores, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TIMOTHY BOYTOR,

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Case No.: 2:16-cv-02023-JAD-GWF

Plaintiff,

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v.

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WAL-MART STORES, INC., and DOES 1
through 100; and ROE CORPORATIONS 101
through 200,

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[PROPOSED] ORDER TO EXTEND
EXPERT DISCOVERY DEADLINES
[FIRST REQUEST]

Defendants.

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COMES NOW Plaintiff Timothy Boytor (hereinafter “Plaintiff”), by and through his counsel

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of record, Jamie Corcoran of the law firm of Bernstein & Poisson, and Defendant, Wal-Mart Stores,

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Inc. (“Walmart”) by and through its counsel of record, Betsy C. Jefferis, Esq. of the law firm of

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Phillips, Spallas & Angstadt, LLC and hereby stipulate to modify the scheduling order to extend the
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expert discovery deadlines by forty five (45) days. Pursuant to Local Rule 6-1(b), the parties state this
is their first request for such leave.

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DISCOVERY COMPLETED TO DATE


The parties have conducted an FRCP 26(f) conference and have served their respective
FRCP 26(a) disclosures;



The parties have completed written discovery;

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Case 2:16-cv-02023-JAD-GWF Document 13 Filed 11/21/16 Page 2 of 4



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Walmart has deposed Plaintiff;

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DISCOVERY TO BE COMPLETED AND
REASONS FOR EXTENSION OF DISCOVERY

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Discovery to be completed includes:
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FRCP 35 Independent Medical Examination of Plaintiff.

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

Depositions of fact witnesses/store employees;

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

Deposition of Walmart’s Rule 30(b)(6) witness;

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

Expert Disclosures

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Depositions of expert witnesses and treating medical providers;

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The parties aver, pursuant to Local Rule 2.25, that good cause exists for the requested extension.
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The parties agree that, pending this Court’s approval, extension of initial and rebuttal expert disclosure

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deadlines is appropriate, as the parties wish to further investigate this case, conduct necessary

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discovery prior to pertinent deadlines, and potentially reach a resolution prior to incurring fees and

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costs for extensive discovery and experts. Despite the good faith efforts of the parties to comply with

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the Court’s discovery deadlines, Defendant’s expert’s availability for a preparation of expert reports,

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as well as the availability of Defendant’s PMK to appear for deposition necessitates this extension.

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[PROPOSED] NEW DISCOVERY DEADLINES
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Initial Expert Disclosure Deadline

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Currently: December 23, 2016

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Proposed: February 6, 2017

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Rebuttal Expert Disclosure Deadline

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Currently: January 21, 2017

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Proposed: March 7, 2017

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//
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//
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Case 2:16-cv-02023-JAD-GWF Document 13 Filed 11/21/16 Page 3 of 4

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If this extension is granted, all discovery mentioned above should be concluded within the

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stipulated extended deadline. The parties aver that this request for extension of discovery deadlines is

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made by the parties in good faith and not for the purpose of delay.
DATED this 21ST day of November, 2016.

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/s/ Jamie H. Corcoran

/s/Betsy Jefferis

Jamie H. Corcoran, Esq.
Nevada Bar No. 11790
BERNSTEIN & POISSON
320 S. Jones Blvd.
Las Vegas, NV 89107

Brenda H. Entzminger
Nevada Bar No. 9800
Betsy C. Jefferis
Nevada Bar No. 12980
PHILLIPS, SPALLAS & ANGSTADT, LLC
504 South Ninth Street
Las Vegas, Nevada 89101

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Attorneys for Plaintiff
Timothy Boytor

Attorneys for Defendant
Wal-Mart Stores, Inc.

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ORDER

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IT IS SO ORDERED.

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November
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DATED this ____ day of ____________________, 2016.

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UNITED STATES DISTRICT COURT JUDGE
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Case 2:16-cv-02023-JAD-GWF Document 13 Filed 11/21/16 Page 4 of 4

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CERTIFICATE OF SERVICE
Pursuant to FRCP Rule 5, I hereby certify that I am an employee of the law firm PHILLIPS,
SPALLAS & ANGSTADT, LLC, and that on this 21ST day of November, 2016, I electronically
served a copy of [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY DEADLINES
as follows:
By facsimile addressed to the following counsel of record, at the address listed below;
By placing same to be deposited for mailing in the United States Mail, in a sealed envelope
upon which first class postage was prepaid in Las Vegas, Nevada;
By Hand Delivery (ROC); and/or
By Electronic Service through CM/ECF to:
ATTORNEY OF RECORD
SCOTT L. POISSON, ESQ.
Nevada Bar No. 10188
JAMIE H. CORCORAN, ESQ
Nevada Bar No. 11790
BERNSTEIN & POISSON
320 S. Jones Blvd.
Las Vegas, NV 89107

TELEPHONE/FAX
Phone [phone]
Fax [phone]

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/s/ Betsy C. Jefferis
An Employee of PHILLIPS, SPALLAS & ANGSTADT LLC

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PARTY
Plaintiff