Sandoval v. Albertsons, LLC

Filing 36

ORDER Granting 35 Fourth Stipulation for Extension of Time re Discovery Plan and Scheduling Order. Discovery due by 6/16/2018. Proposed Joint Pretrial Order due by 8/18/2018. Signed by Magistrate Judge Peggy A. Leen on 4/16/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00959-APG-PAL Document 35 Filed 04/12/18 Page 1 of 4

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LEW BRANDON, JR., ESQ.
Nevada Bar No. 5880
KRIS D. KLINGENSMITH, ESQ.
Nevada Bar No. 13904
MORAN BRANDON BENDAVID MORAN
630 S. Fourth Street
Las Vegas, Nevada 89101
[phone]
[phone] - facsimile
[e-mail]
Attorneys for Defendant,
ALBERTSONS, LLC

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ALEX J. DE CASTROVERDE, ESQ.
Nevada Bar No. 6950
ORLANDO DE CASTROVERDE, ESQ.
Nevada Bar No. 7320
DAVID MENOCAL, ESQ.
Nevada Bar No. 13191
KIMBERLY VALENTIN, ESQ.
Nevada Bar No. 12509
DE CASTROVERDE LAW GROUP
1149 South Maryland Parkway
Las Vegas, Nevada 89104
[phone]
[phone] – Facsimile
[e-mail]
[e-mail]
Attorneys for Plaintiff,
SILVIA SANDOVAL

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SILVIA SANDOVAL,

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Plaintiff,

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CASE NO.: 2:17-cv-00959-APG-PAL

v.
ALBERTSONS, LLC d/b/a
ALBERTSONS; DOES I – X, and ROE
CORPORATIONS I - X, inclusive,

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Defendants.

STIPULATION AND ORDER FOR
EXTENSION/MODIFICATION OF
DISCOVERY PLAN AND
SCHEDULING ORDER
(FOURTH REQUEST)

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Case 2:17-cv-00959-APG-PAL Document 35 Filed 04/12/18 Page 2 of 4

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STIPULATION AND ORDER FOR EXTENSION/MODIFICATION OF DISCOVERY
PLAN AND SCHEDULING ORDER
(FOURTH REQUEST)

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COMES NOW Defendant, ALBERTSONS, LLC., by and through its undersigned

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attorneys, LEW BRANDON, JR., ESQ. and KRIS D. KLINGENSMITH, ESQ. of MORAN
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BRANDON BENDAVID MORAN, and Plaintiff, by and through her attorneys, ALEX J. DE

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CASTROVERDE, ESQ. and ORLANDO DE CASTROVERDE, ESQ., of DE CASTROVERDE

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LAW

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GROUP,

submit

to

the

Court

the

following

Stipulation

and

Order

for

Extension/Modification of the Discovery Plan and Scheduling Order (Fourth Request) pursuant

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to LR IA 6-1, LR 26-4 (a) and Court Order Document No. 26.
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I.

Under LR IA 6-1(a) every stipulation to extend time must inform the court of any

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Local Rule 6-1

previous extensions granted and state the reason for the extension requested.

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A.

The Requirement of Local Rule 6-1 Are Satisfied

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This is the fourth request for extension filed by the parties. This extension is requested to
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allow for the deposition of Plaintiff’s experts, Dr. Kaplan and Mr. Jennings, to be conducted.
II.

Local Rule 26-4(a)

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Under LR 26-4 (a) a statement specifying the Discovery completed:

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The parties have nearly completed the discovery phase in this matter. Both sides have

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sent and received written discovery in the form of Requests for Production, Requests for

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Admissions and Interrogatories. The Plaintiff and the percipient witnesses identified in her

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disclosures have been deposed by Defendant. The Plaintiff has deposed Defendant’s FRCP

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30(b)(6) witness and three of its employees/former employees. Experts have been disclosed by

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both parties.

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///

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Case 2:17-cv-00959-APG-PAL Document 35 Filed 04/12/18 Page 3 of 4

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III.

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Local Rule 26-4(b)
Under LR 26-4(b) a specific description of the Discovery that remains to be completed:

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The remaining Discovery to be completed includes the depositions of Plaintiff’s experts.

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IV.

Local Rule 26-4(c)

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Under LR 26-4(c) the reasons why Discovery remaining was not completed within the

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time limits set by the Discovery Plan:

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The parties have been working diligently to adhere to the Discovery Plan and Scheduling
Order and the subsequent extensions/modifications thereto. On April 6, 2018, the parties attended

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a private mediation before The Honorable Judge Gene T. Porter, which was unsuccessful in
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resolving this matter. On March 26, 2018, Defendant noticed the deposition of Plaintiff’s experts,

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Dr. Stuart Kaplan and Mr. Thomas Jennings, which were to be conducted on April 9, 2016.

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Plaintiff’s counsel indicated shortly thereafter that the experts were unavailable at the noticed date

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and time. The date and time provided for Mr. Jennings’ deposition is May 1, 2018 and Plaintiff

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is currently obtaining availability for Dr. Kaplan. Dr. Jennings’ availability falls beyond the

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current discovery cut-off and it is anticipated that Dr. Kaplan’s will as well as the discovery cut-

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off date is April 16, 2018.

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V.

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Local Rule 26-4(d)
Under LR 26-4(d) a proposed schedule for completing all remains Discovery:
The parties are proposing to extending only the discovery cutoff deadline and date for the

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proposed joint pre-trial order for the sole purpose of conducting the depositions of the Plaintiff’s

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experts, Mr. Jennings and Dr. Kaplan. However, as Plaintiff has yet to provide the availability of

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Dr. Kaplan for his deposition, Defendant may yet request additional time, as necessary, to conduct

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his deposition prior to Trial. Further, the parties agree that supplemental disclosures shall

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continue to be made, pursuant to FRCP 26, up and through thirty (30) days before Trial.

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Case 2:17-cv-00959-APG-PAL Document 35 Filed 04/12/18 Page 4 of 4

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(i)

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Discovery Cutoff to be extended from April 16, 2018 until June 16, 2018
for the sole purpose of completing the depositions of Dr. Kaplan and Mr.

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Jennings;

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(ii)

Proposed Joint Pre-Trial Order date from June 18, 2018 until August 18,

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2018.

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Therefore, good cause existing, counsel jointly request that this Honorable Court approve

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the above stipulation to continue the discovery cutoff until June 16, 2018 for the sole purpose of

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conducting the deposition of Plaintiff’s expert, Mr. Jennings on May 1, 2018 and the deposition
of Plaintiff’s expert Dr. Kaplan to be conducted at a date and time to be provided by Plaintiff’s

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counsel. Further, the parties stipulate that supplemental disclosures shall continue to be made,
pursuant to FRCP 26.
DATED this 12th day of April, 2018.
DE CASTROVERDE LAW GROUP

MORAN BRANDON BENDAVID MORAN

/s/ Kimberly Valentin., Esq.
ALEX J. DE CASTROVERDE, ESQ.
Nevada Bar No. 6950
ORLANDO DE CASTROVERDE, ESQ.
Nevada Bar No. 7320
DAVID MENOCAL, ESQ.
Nevada Bar No. 13191
KIMBERLY VALENTIN, ESQ.
Nevada Bar No. 12509
1149 South Maryland Parkway
Las Vegas, Nevada 89104
Attorneys for Plaintiff,
SILVIA SANDOVAL

/s/ Lew Brandon, Jr., Esq.
LEW BRANDON, JR., ESQ.
Nevada Bar No. 5880
KRIS D. KLINGENSMITH, ESQ.
Nevada Bar No. 13904
630 S. Fourth Street
Las Vegas, Nevada 89101
Attorneys for Defendant,
ALBERTSONS, LLC

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IT IS SO ORDERED.
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____________________________
U.S. Magistrate Judge
April 16, 2018
Dated:_______________________

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