Kim v. Southwestco Wireless

Filing 15

ORDER Granting 13 Motion to Extend Discovery Deadlines. Discovery due by 12/8/2017. Motions due by 1/9/2018. Proposed Joint Pretrial Order due by 2/8/2018. Signed by Magistrate Judge Nancy J. Koppe on 6/28/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00706-APG-NJK Document 13 Filed 06/22/17 Page 1 of 5

1 DARRELL D. DENNIS
Nevada Bar No. 006618
2 CORY R. EICHELBERGER
Nevada Bar No. 010577
3 BLAKE A. DOERR
Nevada Bar No. 009001
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
702.893.3383
6 FAX: [phone]
Attorneys for
7 Defendants Verizon Wireless
8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11 SOO YOUNG KIM,
12

Plaintiff,

13

vs.

14 VERIZON WIRELESS (VAW) LLC, a
Foreign Limited-Liability Company;
15 VERIZON WIRELESS NETWORK
PROCUREMENT LP, a Foreign Limited
16 Partnership; VERIZON WIRELESS
SERVICE, LLC, a Foreign Limited Liability
17 Company; DOES I through X; and ROES I
through X, inclusive,
18
Defendant.
19
20

CASE NO.:2:17-CV-00706-APG-NJK
DEFENDANTS’ MOTION TO EXTEND
DISCOVERY DEADLINES
(FIRST REQUEST)

COMES NOW, Defendants VERIZON WIRELESS (VAW) LLC, VERIZON

21 WIRELESS NETWORK PROCUREMENT LP and VERIZON WIRELESS SERVICES,
22 LLC (hereinafter collectively, VERIZON WIRELESS) by and through counsel of record
23 LEWIS, BRISBOIS, BISGAARD & SMITH LLP and hereby submits its Motion to Extend
24 Discovery Deadlines pursuant to Local Rule 26-4. The undersigned communicated with
25 Plaintiff’s counsel in an attempt to stipulate to the continuance but Plaintiff’s counsel had
26 not responded prior to the time for the timely filing of this motion therefore the
27 continuance is being made via this motion.

LEWIS

28 / / /

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4812-4231-4570.1

Case 2:17-cv-00706-APG-NJK Document 13 Filed 06/22/17 Page 2 of 5

MEMORANDUM OF POINTS AND AUTHORITIES

1
2

This discovery cutoff in this matter is September 11, 2017. The next discovery

3 deadline in this matter is Initial Expert Disclosures on July 13, 2017. Accordingly this
4 motion is being made 21 days before that deadline and is therefore timely.
5

This request is being made because of the Defendant’s recent filing of a Motion for

6 Leave to File a Third-Party Complaint naming the party who installed the carpet at the
7 Verizon retail location where the Plaintiff alleges she tripped. At her deposition, which
8 was held on June 7, 2017, the Plaintiff testified that she tripped on carpet the was
9 improperly installed or placed. Accordingly the Defendant sought leave of court to name
10 the carpet installer as a third-party defendant. That motion is pending in this court.
11

The parties were able to confer regarding this continuance but were unable to

12 formalize a stipulation prior to the time this motion needed to be filed.
13

Good cause exists for the requested continuance because the Defendants are

14 seeking to avoid unnecessary costs and duplicative efforts of all parties given that its
15 timely motion for leave to add a party has not been ruled upon.
16

A. DISCOVERY COMPLETED TO DATE

17

1.

The Parties conducted the Rule 26(f) meeting.

18

2.

The Parties exchanged their Initial Disclosures Pursuant to FRCP. 26(a)(1);

19

3.

The Defendant has procured the medical records of the Plaintiff;

20

4.

The Defendant propounded written discovery on the Plaintiff which the

21 Plaintiff responded to;
22

The Defendant deposed the Plaintiff on June 7, 2017.

5.

23
24

B. DISCOVERY REMAINING TO BE COMPLETED

25

1. Plaintiff may choose to propound written discovery on the Defendant;

26

2. The Defendants will depose the Plaintiff’s husband who was present at the
time of the alleged fall;

27

LEWIS

28

3. The Parties will need to depose any other fact witnesses;

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4812-4231-4570.1

2

Case 2:17-cv-00706-APG-NJK Document 13 Filed 06/22/17 Page 3 of 5

1

4. The Parties will need to retain and disclose expert and rebuttal witnesses;

2

5. The Parties will need to depose expert and rebuttal witnesses as needed;

3

6. The Parties will need to conduct discovery as to the carpet installer once
they are made a party.

4
5

C. REASONS DEADLINE NOT SATISFIED OR WHY DISCOVERY WAS NOT

6

COMPLETED WITHIN THE TIME LIMIT SET BY THE DISCOVERY PLAN

7

No existing deadline has not been satisfied. This motion is being made because

8 the Defendants are seeking to avoid unnecessary costs and duplicative efforts of all
9 parties given that its timely motion for leave to add a party has not been ruled upon.
10

Good cause exists for extending the existing deadlines. The parties attempted to

11 resolve the issue via a stipulation but were unable to do so in order to allow for the timely
12 filing of this motion.
13

D. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY

14

1.

15

to October 11, 2017.

16

2.

17

3.

19

4.

21

5.

23

LEWIS

The proposed Joint Pretrial Order deadline should be extended from
November 10, 2017 to February 8, 2017. 2018.

24

28

The Dispositive Motions deadline should be extended from October 11, 2017
to January 9, 2017. 2018.

22

27

Discovery Cut-Off deadline should be extended from September 11, 2017 to
December 8, 2017.

20

26

The Rebuttal Expert Disclosure deadline should be extended from August
14, 2017 to November 10, 2017.

18

25

The Initial Expert Disclosure deadline should be extended from July 13, 2017

///
///
///

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4812-4231-4570.1

3

Case 2:17-cv-00706-APG-NJK Document 13 Filed 06/22/17 Page 4 of 5

1
CONCLUSION

2
3

The Defendants request a brief ninety day extension of all discovery deadlines in

4 this case pursuant to Rule 26. The motion is made in an effort to avoid duplicative
5 discovery because an additional party is likely to be added to the case.
6

DATED this 22nd day of June, 2017.

7

LEWIS BRISBIOS BISGAARD & SMITH
LLP

8
9

_/s/ Blake A. Doerr_______
BLAKE A. DOERR, ESQ.
6385 S. Rainbow Blvd., Suite 600
Las Vegas, Nevada 89118
[e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Verizon Wireless

10
11
12
13
14
15

ORDER

16
17
18

IT IS SO ORDERED that the discovery deadlines are continued as follows:

19

The Initial Expert Disclosure:

October 11, 2017.

20

The Rebuttal Expert Disclosure:

November 10, 2017.

21

Discovery Cut-Off:

December 8, 2017.

22

The Dispositive Motions:

January 9, 2017. 2018.

23

The Joint Pretrial Order:

February 8, 2017. 2018.

24
25
June 28, 2017
26 DATED:__________________
27

LEWIS

_

__________________________________
UNITED STATES MAGISTRATE JUDGE

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4812-4231-4570.1

4