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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1 2 3 4 5 6 MATTHEW Q. CALLISTER, ESQ. Nevada Bar No. 1396 mqc@call-law.com MITCHELL S. BISSON, ESQ. Nevada Bar No. 011920 mbisson@call-law.com CALLISTER & ASSOCIATES 330 E. Charleston Blvd., Suite 100 Las Vegas, NV 89104 Tel. 702.385.3343 Fax. 702.385.2899 Attorneys for Plaintiff 7 330 East Charleston Blvd., Suite 100 Las Vegas, Nevada 89104 TEL: (702) 385-3343 FAX: (702) 385-2899 UNITED STATES DISTRICT COURT 9 CALLISTER & ASSOCIATES 8 DISTRICT OF NEVADA 10 11 KELLY JACKSON, an individual, Plaintiff, 12 13 14 15 16 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. 17 18 THE PARTIES HEREBY STIPULATE AND AGREE by and between Plaintiff 19 KELLY JACKSON, by and through counsel Matthew Q. Callister, Esq. and Mitchell S. Bisson, 20 Esq., of the law firm of Callister & Associates, and Defendant NYE COUNTY ex rel. NYE 21 COUNTY SHERRIFF’S OFFICE and ANTONIO MEDINA, by and through counsel Rebecca 22 Bruch, Esq., of the law firm of Erickson, Thorpe & Swainston, LTD., that, in accordance with 23 LR 7-1 and 26-4 of the Local Rules of Practice for the United States District Court, District of 24 Nevada, the Court’s May 10, 2017 Discovery Plan and Scheduling (Doc No. 22) be amended 25 and deadlines as listed below be extended ninety (90) days from the currently scheduled dates. 26 This is the first request to extend the deadlines by the parties. 27 This request includes extensions of the deadlines for discovery, initial expert and rebuttal 28 expert disclosures under Rule 26(a)(2), dispositive motions, the interim status report, and Joint PAGE 1 OF 4 1 Pretrial Order. The present and proposed new dates for these deadlines are set forth in Section 2 D below. The extension is necessary to accommodate the completion of certain depositions prior 3 to retention of expert witnesses. 4 A. STATEMENT SPECIFYING DISCOVERY COMPLETED (LR 26-4(a)) conference, the proposed Joint Discovery Plan and Scheduling Order was filed on May 2, 2017. 7 The Court approved the proposed Discovery Plan and Scheduling Order on May 10, 2017. 8 Defendant exchanged initial disclosures on July 18, 2017. Plaintiff exchanged initial disclosures 9 330 East Charleston Blvd., Suite 100 Las Vegas, Nevada 89104 TEL: (702) 385-3343 FAX: (702) 385-2899 The Rule 26(f) conference was held on April 19, 2017. Following the Rule 26(f) 6 CALLISTER & ASSOCIATES 5 on November 9, 2017. 10 On June 22, 2017, Defendant propounded Interrogatories upon Plaintiff, which Plaintiff 11 responded to. On July 31, 2017, Defendant propounded Notice of Deposition upon Plaintiff 12 which was set for October 13, 2017. Plaintiff requested the deposition to be vacated pursuant to 13 Section C below. 14 15 16 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 17 needs to take the deposition of Plaintiff and several others. Both parties need to retain experts 18 after the Plaintiff’s deposition is taken and depose the respective experts. 19 C. REASONS FOR REQUESTED EXTENSION (LR26-4 (c)) 20 21 The parties attended and participated in an ENE on July 27, 2017, but there was no settlement. 22 Plaintiff was scheduled to appear for her deposition on October 13, 2017, however, the 23 deposition was vacated due to Plaintiff’s traumatic experience at the Route 91 Harvest Festival 24 on October 1, 2017. At this time, Plaintiff is not sure when she will be ready to proceed forward. 25 Therefore, this request is necessary to allow time for Plaintiff to heal and prepare to move 26 forward with discovery. 27 28 PAGE 2 OF 4 1 2 3 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 6 days, which will make the new deadline to complete discovery March 21, 2018; 7 2. Interim Status Report: The current deadline to file a Joint Interim Status 8 Report was October 23, 2017. The parties propose extending this deadline 90 9 330 East Charleston Blvd., Suite 100 Las Vegas, Nevada 89104 TEL: (702) 385-3343 FAX: (702) 385-2899 1. Discovery Cut-Off Date: The current deadline to complete discovery is 5 CALLISTER & ASSOCIATES 4 days, which will make a Joint Interim Status report due: January 19, 2018; 10 3. Expert Disclosures: The current deadline for expert disclosures was October 11 23, 2017. The parties propose extending this deadline 90 days, which will make 12 the last date to disclose experts pursuant to Fed. R. Civ. P 26 (a) (2) January 19, 13 2018; 14 4. Rebuttal Experts: The current deadline for rebuttal expert disclosures is no 15 later than thirty (30) days after the initial disclosure of experts, or November 22, 16 2017. The parties propose extending this deadline 90 days, which will make the 17 last date to disclose rebuttal experts February 22, 2018; 18 5. Dispositive Motions: The current last date to file dispositive emotions is no later 19 than thirty (30) days after the discovery cut-off date, or January 19, 2018. The 20 parties propose extending this deadline 90 days, which will make the last date 21 to file dispositive motions April 18, 2018; 22 6. Pre-Trial Order: The current date the parties shall file the joint pretrial order 23 is no later than thirty (30) days after the dispositive-motion deadline, or 24 February 19, 2018. The parties propose extending this deadline 90 days, which 25 will make the joint pretrial order due by May 15, 2018 (if dispositive motions 26 are filed, the deadline for filing the joint pretrial order will be suspended until 27 30 days after decision on the dispositive motions or further court order.) 28 PAGE 3 OF 4 (30) days before trial. Within fourteen (14) days after they are made, unless the 3 court sets a different time, a party may serve and promptly file a list of the 4 following objections: 5 deposition designated by another party under FRCP 26 (a) (3) (A) (ii); and any 6 objection, together with the grounds for it, that may be made to the admissibility 7 of materials identified under FRCP 26 (a) (3) (A) (iii). An objection not so made 8 – except for one under Federal Rule of Evidence 402 or 403 - - - is waived unless 9 330 East Charleston Blvd., Suite 100 Las Vegas, Nevada 89104 TEL: (702) 385-3343 FAX: (702) 385-2899 7. Pre-Trial Disclosures: Parties will make their pretrial disclosures at least thirty 2 CALLISTER & ASSOCIATES 1 excused by the court for good cause. any objections to the use under FRCP 32 (a) of a 10 DATED this 9th day of November, 2017 DATED this 9th day of November, 2017. 11 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 12 13 14 15 16 17 18 ORDER 19 IT IS SO ORDERED. 20 13th DATED this ____ day of November, 2017. 21 22 ____________________________________ UNITED STATES MAGISTRATE JUDGE 23 Prepared and Submitted by: 24 25 26 27 CALLISTER & ASSOCIATES _/s/ Mitchell S. Bisson MITCHELL S. BISSON, ESQ. Attorneys for Plaintiff 28 PAGE 4 OF 4

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