Jackson v. Nye County Sheriff's Office et al

Filing 36

ORDER granting #35 Stipulation; Discovery due by 3/21/2018. Motions due by 4/18/2018. Proposed Joint Pretrial Order due by 5/15/2018. Signed by Magistrate Judge Cam Ferenbach on 11/13/2017. (Copies have been distributed pursuant to the NEF - JM)

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MATTHEW Q. CALLISTER, ESQ.
Nevada Bar No. 1396
[e-mail]
MITCHELL S. BISSON, ESQ.
Nevada Bar No. 011920
[e-mail]
CALLISTER & ASSOCIATES
330 E. Charleston Blvd., Suite 100
Las Vegas, NV 89104
Tel. [phone]
Fax. [phone]
Attorneys for Plaintiff

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330 East Charleston Blvd., Suite 100
Las Vegas, Nevada 89104
TEL: [phone] FAX: [phone]

UNITED STATES DISTRICT COURT

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CALLISTER & ASSOCIATES

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DISTRICT OF NEVADA

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KELLY JACKSON, an individual,
Plaintiff,

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vs.
NYE COUNTY ex rel. NYE COUNTY
SHERRIFF’S OFFICE; ANTONIO M.
MEDINA

Case No: 2:16-cv-03022-RFB-VCF
STIPULATION AND ORDER TO
EXTEND DEADLINES SET FORTH IN
JOINT DISCOVERY PLAN AND
SCHEDULING ORDER
(FIRST REQUEST)

Defendants.

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THE PARTIES HEREBY STIPULATE AND AGREE by and between Plaintiff

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KELLY JACKSON, by and through counsel Matthew Q. Callister, Esq. and Mitchell S. Bisson,

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Esq., of the law firm of Callister & Associates, and Defendant NYE COUNTY ex rel. NYE

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COUNTY SHERRIFF’S OFFICE and ANTONIO MEDINA, by and through counsel Rebecca

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Bruch, Esq., of the law firm of Erickson, Thorpe & Swainston, LTD., that, in accordance with

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LR 7-1 and 26-4 of the Local Rules of Practice for the United States District Court, District of

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Nevada, the Court’s May 10, 2017 Discovery Plan and Scheduling (Doc No. 22) be amended

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and deadlines as listed below be extended ninety (90) days from the currently scheduled dates.

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This is the first request to extend the deadlines by the parties.

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This request includes extensions of the deadlines for discovery, initial expert and rebuttal

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expert disclosures under Rule 26(a)(2), dispositive motions, the interim status report, and Joint

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Pretrial Order. The present and proposed new dates for these deadlines are set forth in Section

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D below. The extension is necessary to accommodate the completion of certain depositions prior

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to retention of expert witnesses.

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A. STATEMENT SPECIFYING DISCOVERY COMPLETED (LR 26-4(a))

conference, the proposed Joint Discovery Plan and Scheduling Order was filed on May 2, 2017.

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The Court approved the proposed Discovery Plan and Scheduling Order on May 10, 2017.

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Defendant exchanged initial disclosures on July 18, 2017. Plaintiff exchanged initial disclosures

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330 East Charleston Blvd., Suite 100
Las Vegas, Nevada 89104
TEL: [phone] FAX: [phone]

The Rule 26(f) conference was held on April 19, 2017. Following the Rule 26(f)

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CALLISTER & ASSOCIATES

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on November 9, 2017.

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On June 22, 2017, Defendant propounded Interrogatories upon Plaintiff, which Plaintiff

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responded to. On July 31, 2017, Defendant propounded Notice of Deposition upon Plaintiff

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which was set for October 13, 2017. Plaintiff requested the deposition to be vacated pursuant to

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Section C below.

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B. SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE
COMPLETED (LR26-4 (b))
Plaintiff needs to propound written discovery and take numerous depositions. Defendant

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needs to take the deposition of Plaintiff and several others. Both parties need to retain experts

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after the Plaintiff’s deposition is taken and depose the respective experts.

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C. REASONS FOR REQUESTED EXTENSION (LR26-4 (c))

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The parties attended and participated in an ENE on July 27, 2017, but there was no
settlement.

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Plaintiff was scheduled to appear for her deposition on October 13, 2017, however, the

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deposition was vacated due to Plaintiff’s traumatic experience at the Route 91 Harvest Festival

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on October 1, 2017. At this time, Plaintiff is not sure when she will be ready to proceed forward.

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Therefore, this request is necessary to allow time for Plaintiff to heal and prepare to move

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forward with discovery.

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D. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY (LR26-4 (d))
Pursuant to LR 26-4, the parties propose to extend the current deadlines and jointly
submit the following to the Court:

December 20, 2017. The parties propose extending the discovery deadline by 90

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days, which will make the new deadline to complete discovery March 21, 2018;

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2. Interim Status Report: The current deadline to file a Joint Interim Status

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Report was October 23, 2017. The parties propose extending this deadline 90

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330 East Charleston Blvd., Suite 100
Las Vegas, Nevada 89104
TEL: [phone] FAX: [phone]

1. Discovery Cut-Off Date: The current deadline to complete discovery is

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CALLISTER & ASSOCIATES

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days, which will make a Joint Interim Status report due: January 19, 2018;

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3. Expert Disclosures: The current deadline for expert disclosures was October

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23, 2017. The parties propose extending this deadline 90 days, which will make

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the last date to disclose experts pursuant to Fed. R. Civ. P 26 (a) (2) January 19,

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2018;

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4.

Rebuttal Experts: The current deadline for rebuttal expert disclosures is no

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later than thirty (30) days after the initial disclosure of experts, or November 22,

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2017. The parties propose extending this deadline 90 days, which will make the

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last date to disclose rebuttal experts February 22, 2018;

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5. Dispositive Motions: The current last date to file dispositive emotions is no later

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than thirty (30) days after the discovery cut-off date, or January 19, 2018. The

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parties propose extending this deadline 90 days, which will make the last date

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to file dispositive motions April 18, 2018;

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6. Pre-Trial Order: The current date the parties shall file the joint pretrial order

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is no later than thirty (30) days after the dispositive-motion deadline, or

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February 19, 2018. The parties propose extending this deadline 90 days, which

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will make the joint pretrial order due by May 15, 2018 (if dispositive motions

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are filed, the deadline for filing the joint pretrial order will be suspended until

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30 days after decision on the dispositive motions or further court order.)

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(30) days before trial. Within fourteen (14) days after they are made, unless the

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court sets a different time, a party may serve and promptly file a list of the

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following objections:

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deposition designated by another party under FRCP 26 (a) (3) (A) (ii); and any

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objection, together with the grounds for it, that may be made to the admissibility

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of materials identified under FRCP 26 (a) (3) (A) (iii). An objection not so made

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– except for one under Federal Rule of Evidence 402 or 403 - - - is waived unless

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330 East Charleston Blvd., Suite 100
Las Vegas, Nevada 89104
TEL: [phone] FAX: [phone]

7. Pre-Trial Disclosures: Parties will make their pretrial disclosures at least thirty

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CALLISTER & ASSOCIATES

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excused by the court for good cause.

any objections to the use under FRCP 32 (a) of a

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DATED this 9th day of November, 2017 DATED this 9th day of November, 2017.

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CALLISTER & ASSOCIATES

ERICKSON, THORPE & SWAINTON, LTD

_/s/ Mitchell S. Bisson _________
MATTHEW Q. CALLISTER, ESQ.
Nevada Bar No. 001396 MITCHELL
S. BISSON, ESQ.
Nevada Bar
No. 011920
330 E. Charleston Blvd., Suite #100
Las Vegas, Nevada 89101
Attorneys for Plaintiff

___/s/ Rebecca Bruch__________
REBECCA BRUCH, ESQ.
Nevada Bar No. 007289
99 West Arroyos Street
Reno, Nevada 89509
Attorneys for Defendant Nye County

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ORDER

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IT IS SO ORDERED.

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13th
DATED this ____ day of November, 2017.

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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Prepared and Submitted by:
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CALLISTER & ASSOCIATES
_/s/ Mitchell S. Bisson
MITCHELL S. BISSON, ESQ.
Attorneys for Plaintiff

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