Jackson v. Nye County Sheriff's Office et al

Filing 38

ORDER granting 37 Stipulation; Discovery due by 6/19/2018. Motions due by 7/17/2018. Proposed Joint Pretrial Order due by 8/13/2018. Signed by Magistrate Judge Cam Ferenbach on 3/9/2018. (Copies have been distributed pursuant to the NEF - JM)

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1 6 MATTHEW Q. CALLISTER, ESQ. Nevada Bar No. 1396 MITCHELL S. BISSON, ESQ. Nevada Bar No. 011920 CALLISTER LAW GROUP 330 E. Charleston Blvd., Suite 100 Las Vegas, NV 89104 Tel. 702.385.3343 Fax. 702.385.2899 Email: mqc@callcallister.com mbisson@callcallister.com 7 Attorneys for Plaintiff 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 330 East Charleston Blvd., Suite 100 Las Vegas, Nevada 89104 TEL: (702) 385-3343 FAX: (702) 385-2899 CALLISTER LAW GROUP DISTRICT OF NEVADA 10 11 KELLY JACKSON, an individual, 12 Plaintiff, 13 vs. 14 NYE COUNTY ex rel. NYE COUNTY SHERRIFF’S OFFICE; ANTONIO M. MEDINA 15 16 Case No: 2:16-cv-03022-RFB-VCF STIPULATION AND ORDER TO EXTEND DEADLINES SET FORTH IN JOINT DISCOVERY PLAN AND SCHEDULING ORDER (SECOND REQUEST) Defendants. 17 18 19 20 21 22 23 24 25 26 27 THE PARTIES HEREBY STIPULATE AND AGREE by and between Plaintiff KELLY JACKSON, by and through counsel of record Matthew Q. Callister, Esq. and Mitchell S. Bisson, Esq., of the law firm of Callister Law Group, and Defendant NYE COUNTY ex rel. NYE COUNTY SHERRIFF’S OFFICE and ANTONIO MEDINA, by and through counsel of record Rebecca Bruch, Esq., of the law firm of Erickson, Thorpe & Swainston, LTD., that, in accordance with LR 7-1 and 26-4 of the Local Rules of Practice for the United States District Court, District of Nevada, the Court’s November 22, 2017, Order to Extend Deadlines Set forth In Joint Discovery Plan (Doc No. 36) be amended and deadlines, as listed below, be extended ninety (90) days from the currently scheduled dates. This is the second request to extend the deadlines by the parties. 28 PAGE 1 OF 5 1 This request includes extensions of the deadlines for discovery, initial expert and rebuttal 2 expert disclosures under Rule 26(a)(2), dispositive motions, the interim status report, and Joint 3 Pretrial Order. The present and proposed new dates for these deadlines are set forth in Section 4 D below. The extension is necessary to accommodate the completion of certain depositions prior 5 to retention of expert witnesses. 6 A. STATEMENT SPECIFYING DISCOVERY COMPLETED (LR 26-4(a)) conference, the proposed Joint Discovery Plan and Scheduling Order was filed on May 2, 2017. 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) 8 CALLISTER LAW GROUP 7 The Court approved the proposed Discovery Plan and Scheduling Order on May 10, 2017. 10 Defendant exchanged initial disclosures on July 18, 2017. Plaintiff exchanged initial disclosures 11 on November 9, 2017. On November 22, 2017, the Court approved a Stipulation to Extend 12 Deadlines Set Forth in the Joint Discovery Plan and Scheduling Order (First Request). 13 On June 22, 2017, Defendant propounded Interrogatories upon Plaintiff, which Plaintiff 14 responded to. On July 31, 2017, Defendant propounded Notice of Deposition upon Plaintiff 15 which was set for October 13, 2017. Plaintiff requested the October 13, 2017, deposition to be 16 vacated because of ongoing medical issues as well as trauma caused by her attendance at the 17 Route 91 shooting in Las Vegas. On February 9, 2018, Defendant commenced Plaintiff’s 18 deposition, but was not able to complete the deposition because Plaintiff had not yet produced 19 certain documents upon which she had relied in this case. On February 13, 2018, Defendant 20 propounded Requests for Production of Documents on Plaintiff. On March 1, 2018, Defendant 21 supplemented its FRCP 26 disclosures. 22 23 B. SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE COMPLETED (LR26-4 (b)) 24 Plaintiff needs to supplement its witness disclosures, respond to Requests for Production 25 propounded by Defendants on February 13, 2018, and both parties need to take numerous 26 depositions. Defendant reserves, and Plaintiff does not object to completion of the Plaintiff’s 27 deposition and take several other depositions. Both parties need to retain experts after the 28 Plaintiff’s deposition is taken and depose the respective experts. PAGE 2 OF 5 1 2 3 C. REASONS FOR REQUESTED EXTENSION (LR26-4 (c)) The parties attended and participated in an ENE on July 27, 2017, but there was no settlement. deposition discoverable yet undisclosed information was introduced by Plaintiff. Plaintiff is in 6 the process of preparing supplemental disclosures and responding to Requests for Production. 7 Defendant reserved the right to continue Plaintiff’s deposition. Additionally, on April 11, 2018, 8 counsel for Defendant will be undergoing a medical procedure that will require a two-week leave 9 330 East Charleston Blvd., Suite 100 Las Vegas, Nevada 89104 TEL: (702) 385-3343 FAX: (702) 385-2899 Defendant commenced the deposition of Plaintiff on February 9, 2018. During said 5 CALLISTER LAW GROUP 4 of absence. Therefore, this request is necessary to allow time for the parties to move forward 10 11 12 13 with discovery. 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: 14 1. Discovery Cut-Off Date: The current deadline to complete discovery is March 15 21, 2018. The parties propose extending the discovery deadline by 90 days, 16 which will make the new deadline to complete discovery June 19, 2018 17 (Tuesday); 18 2. Interim Status Report: The current deadline to file a Joint Interim Status 19 Report was January 19, 2018. The parties propose extending this deadline 90 20 days, which will make a Joint Interim Status report due: April 19, 2018 21 (Thursday); 22 3. Expert Disclosures: The current deadline for expert disclosures was January 23 19, 2018. The parties propose extending this deadline 90 days, which will make 24 the last date to disclose experts pursuant to Fed. R. Civ. P 26 (a) (2) April 19, 25 2018 (Thursday); 26 4. Rebuttal Experts: The current deadline for rebuttal expert disclosures is no 27 28 PAGE 3 OF 5 1 later than thirty (30) days after the initial disclosure of experts, or February 22, 2 2018. The parties propose extending this deadline 90 days, which will make the 3 last date to disclose rebuttal experts May 23, 2018 (Wednesday); 4 5. Dispositive Motions: The current last date to file dispositive emotions is no later 5 than thirty (30) days after the discovery cut-off date, or April 18, 2018. The 6 parties propose extending this deadline 90 days, which will make the last date 7 to file dispositive motions July 17, 2018 (Tuesday); 6. Pre-Trial Order: The current date the parties shall file the joint pretrial order 8 is no later than thirty (30) days after the dispositive-motion deadline, or May 330 East Charleston Blvd., Suite 100 Las Vegas, Nevada 89104 TEL: (702) 385-3343 FAX: (702) 385-2899 CALLISTER LAW GROUP 9 10 15, 2018. The parties propose extending this deadline 90 days, which will 11 make the joint pretrial order due by August 13, 2018 (Monday) (if dispositive 12 motions are filed, the deadline for filing the joint pretrial order will be 13 suspended until 30 days after decision on the dispositive motions or further 14 court order.) 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// PAGE 4 OF 5 (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 LAW GROUP 1 excused by the court for good cause. any objections to the use under FRCP 32 (a) of a 10 DATED this 8th day of March, 2018. DATED this 8th day of March, 2018. 11 CALLISTER LAW GROUP ERICKSON, THORPE & SWAINTON, LTD /s/ Matthew Q. Callister____________ 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 89104 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 9th DATED this ______ day of March, 2018. 21 22 ____________________________________ UNITED STATES MAGISTRATE JUDGE 23 Prepared and Submitted by: 24 25 26 27 28 CALLISTER LAW GROUP /s/ Matthew Q. Callister____________ Matthew Q. Callister, ESQ. Attorneys for Plaintiff PAGE 5 OF 5

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