Ruiz-Camacho v. Costco Wholesale Corporation

Filing 42

ORDER Granting 41 Fifth Stipulation to Extend the Close of Discovery Deadline. Discovery due by 7/2/2018. If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order. No further extensions will be granted absent exceptional circumstances. Signed by Magistrate Judge Cam Ferenbach on 4/13/2018. (Copies have been distributed pursuant to the NEF - SLD)

1 STOVALL & ASSOCIATES
LESLIE MARK STOVALL, ESQ.
2 Nevada Bar No. 2566
ROSS H. MOYNIHAN, ESQ.
3 Nevada Bar No. 11848
2301 Palomino Lane
4 Las Vegas, NV 89107
[phone]
5 Attorneys for plaintiff
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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EVA RUIZ-CAMACHO,
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Plaintiff,
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v.
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COSTCO WHOLESALE CORPORATION;
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DOES I-X, inclusive, and ROE CORPORATIONS )
I-X, inclusive,
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Defendants.
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__________________________________________)

Case No.: 2:16-cv-02374

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STIPULATION AND ORDER TO EXTEND THE CLOSE OF DISCOVER DEADLINE
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Pursuant to LR 26-4, and for reasons provided below, the parties, by and through their
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respective counsel request that the court extend the close of discovery date by 60 days so that the
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parties can complete discovery and ready this case for trial. This is the fifth such request for an
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extension of time.
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I.
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STATEMENT SPECIFYING DISCOVERY COMPLETED
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1.

The parties have made their initial disclosures of witnesses and documents and

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multiple supplements thereto.
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2.

The parties have engaged in numerous sets of written discovery.

3.

The parties have made initial and rebuttal expert disclosures.

4.

Following a discovery dispute, the parties’ request for guidance on the dispute from

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the court, and the court’s ruling on the matter (see ECF No. 32, dated January 9,
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2018), the plaintiff provided the defendant with the following executed
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authorizations:

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a.

Tax Form 4506;

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b.

Medicaid authorization;

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c.

Medicare authorization;

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d.

Sierra Health HMO authorization;

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e.

Health Plan of Nevada authorization;

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f.

James Dettling, M.D. authorization;

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g.

Spinal Rehabilitation Center; and

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h.

Social Security Administration.

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Defendant has requested documents from the above referenced entities and medical

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providers but has not yet received all of the documents requested.

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5.

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Defendant has taken the first part of plaintiff’s deposition and will complete her
deposition on April 19, 2018.

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II.

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DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE COMPLETED

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1.

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above recently executed authorizations.
2.

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Defendant must obtain and disclose the remainder of the documents related to the

Supplementation of medical expert reporting with the new documents related to the
authorizations.

3.

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Supplementation of medical expert reporting with the new documents related to the
authorizations.

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4.

Depositions of experts.

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5.

Plaintiff’s supplementation of liability expert reporting with documents provided by

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the defendant after the initial expert disclosures date.

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6.

Plaintiff's deposition of defendant's Rule 30(b)(6) witness.

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7.

Additional written and deposition discovery as may be needed.

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III.

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REASONS WHY THE REMAINING DISCOVERY WAS NOT COMPLETED WITHIN

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THE TIME LIMITS SET BY THE DISCOVERY PLAN

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The parties had a dispute towards the end of 2017 regarding record authorizations that

5 defendant argued were needed to adequately assess the plaintiff’s medical and wage loss-related
6 claims. This resulted in the parties agreement to make a written request for guidance to the court.
7 The court ruled that the defendant was entitled to the authorization by its order dated January 9,
8 2018 (ECF No. 32). Plaintiff provided executed authorizations to defendant and defendant requested
9 the records. As the court anticipated during the December 20, 2017 hearing on the matter, defendant
10 has not yet received all of the records and requires additional time to do so. The reason for the delay
11 is that the requests are being made to private health insurers and governmental entities. Defendant
12 anticipates receiving all of the records within the next few weeks and upon their receipt and
13 disclosure, the parties will be supplementing their medical expert reporting and taking medical
14 expert depositions, which the parties are currently scheduling.
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Furthermore, the plaintiff’s liability expert is in the process supplementing his reporting with

16 documents disclosed by the defendant after the initial expert disclosure date. In addition, plaintiff
17 will be taking the deposition of the defendant’s Rule 30 (b)(6)witness which the parties agree should
18 be taken during the requested 60 day discovery extension due to current scheduling issues.
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IV.

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PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY

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The current close of discovery date is May 1, 2018. The parties stipulate and request that the

4 court order a 60 day extension of this date to July 2, 2018. The proposed remaining dates, therefore
5 would be as follows:
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1.

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2.
Dispositive motion deadline:
Joint Pretrial Order: September 4, 2018.

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Close of Discovery:

July 2, 2018

9 DATED this 11th day of April, 2018.

August 1, 2018

DATED this 11th day of April, 2018.

10 STOVALL & ASSOCIATES

WILSON, ELSER, MOSKOWITZ
EDELMAN & DICKER, LLP

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/s/ Ross Moynihan
12 ____________________________
LESLIE MARK STOVALL, ESQ.
13 Nevada Bar No. 2566
ROSS H. MOYNIHAN, ESQ.
14 Nevada Bar No. 11848
2301 Palomino Lane
15 Las Vegas, Nevada 89107
Attorney for Plaintiff
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/s/ Christopher Phipps
____________________________
CHRISTOPHER PHIPPS, ESQ.
Nevada Bar No. 3788
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
Attorneys for Defendant

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ORDER
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The discovery schedule proposed above, specifically the extension of the close of discovery
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deadline by 60 days from May 1, 2018 to July 2, 2018, is now ordered.
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13th
Dated this _____ day of April, 2018.

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______________________________________
UNITED STATES MAGISTRATE JUDGE
If dispositive motions are filed, the deadline for filing the joint pretrial order will be
suspended until 30 days after decision on the dispositive motions or further court order.
No further extensions will be granted absent exceptional circumstances.
IT IS SO ORDERED.
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