Nitta v. Bureau of Land Management

Filing 15

ORDER granting 14 Stipulation; Discovery due by 7/18/2018. Motions due by 8/17/2018. Proposed Joint Pretrial Order due by 9/17/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/5/2018. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6
7

ANTHONY P. SGRO, ESQ.
Nevada Bar No. 3811
EUNICE M. BEATTIE, ESQ.
Nevada Bar No. 10382
SGRO & ROGER
720 South Seventh Street, 3rd Floor
Las Vegas, Nevada 89101
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

KAYSEE NITTA,

12

CASE NO. 2:17-CV-01137-GWN-CWH
Plaintiff,

13
14
15

vs.
UNITED STATES OF AMERICA,
Defendants.

16

STIPULATION AND ORDER TO EXTEND
DISCOVERY DEADLINES
(FIRST REQUEST)

17
18
19
20

Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of
record, hereby stipulate and request that this Court extend discovery in the above-captioned case
ninety (90) days, up to and including July 18, 2018. In addition, the parties request that the

21
22
23
24
25
26
27
28

dispositive motions and pretrial order deadlines be extended for an additional ninety (90) days as
outlined herein. In support of this Stipulation and Request, the parties state as follows:
1. On April 24, 2017, Plaintiff filed her Complaint in United States District Court, District
of Nevada.
2. On June 23, 2017, Defendant filed its Answer.
3. On August 28, 2017, the parties submitted a proposed scheduling order to the Court.

1
2
3
4
5
6
7
8
9

4. On September 20, 2017, Plaintiff received Defendant’s 26.1 list of witnesses and
documents.
5. On September 21, 2017, Plaintiff served her 26.1 list of witnesses and documents.
6. On November 6, 2017, Plaintiff propounded written discovery on Defendant.
7. On December 21, 2017, Defendant served its responses to Plaintiff.
8. On January 2, 2018, Plaintiff noticed the depositions of two lay witnesses, Ana Smith, and
Natalie Weckesser.
9. On January 3, 2018, Defendant propounded written discovery on Defendant.

10
11
12

DISCOVERY REMAINING
1. Plaintiff will take the deposition of Defendant. Defendant will take the deposition of
Plaintiff.

13
14
15

2. The parties will take the depositions of Plaintiff’s medical providers once Defendant is
able to obtain the medical records.

16

3. The parties will take the depositions of expert witnesses.

17

4. The parties will take the depositions of any and all other witnesses garnered through

18
19
20
21
22

discovery.
This request for an extension of time is not sought for any improper purpose or other
purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient
time to conduct discovery.

23

WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

24

The parties have been compiling documents and investigating the instant action. The

25
26
27
28

parties are actively engaged in discovery and will proceed with necessary case depositions.
Counsel for Plaintiff has been actively litigating a capital murder case, State of Nevada v.
Bryan Clay, C-12-281930-1, which recently concluded. Additionally, counsel for Plaintiff has

1

been occupied in dealing with new developments affecting this case, including continued medical

2

treatment of Plaintiff.

3
4
5
6
7
8
9

Extension or Modification of the Discovery Plan and Scheduling Order. LR 26-4 governs
modifications or extension of this discovery plan and scheduling order. Any stipulation or motion
must be made not later than twenty-one (21) days before the expiration of the subject deadline
and comply fully with LR 26-4.
The following is a list of the current discovery deadlines and the parties’ proposed
extended deadlines:

10
11

SCHEDULED EVENT

CURRENT DEADLINE

PROPOSED DEADLINE

Close of Discovery

April 19, 2018

Wednesday, July 18, 2018

Amendment to Pleadings

January 19, 2018

Thursday, April 19, 2018

15

Plaintiff’s Expert Disclosure

January 19, 2018

Thursday, April 19, 2018

16

Defendant’s Expert Disclosure

February 18, 2018

Monday, May 21, 2018

17

Plaintiff’s Rebuttal Expert
Report(s)
Interim Status Report

March 20, 2018

Wednesday, June 20, 2018

February 18, 2018

Monday, May 21, 2018

Dispositive Motions

May 19, 2018

Friday, August 17, 2018

Joint Pretrial Order1

June 18, 2018

Monday, September 17, 2018

12
13
14

18
19
20
21
22
23

This Request for an extension of time is not sought for any improper purpose or other

24

purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient

25
26

time to conduct discovery in this case and adequately prepare their respective cases for trial.
This is the First Request for an extension of time in this matter. The parties respectfully

27
28

1 However, if dispositive motions are filed, the proposed joint pretrial order will be due thirty
days after the rulings on such dispositive motions.

1

submit that the reasons set forth above constitute compelling reasons and good cause for the short

2

extension.

3
4
5
6
7
8
9
10
11
12
13
14

WHEREFORE, the parties respectfully request that this Court extend the discovery period
by ninety (90) days from the current deadline of April 19, 2018, up to and including July 18,
2018, and the other discovery dates as outlined in accordance with the table above.
DATED this 4th day of January, 2018.

DATED this 4th day of January, 2018.

SGRO & ROGER

UNITED STATES OF AMERICA

/s/ Eunice M. Beattie, Esq.
ANTHONY P. SGRO, ESQ.
Nevada State Bar No. 3811
EUNICE M. BEATTIE, ESQ.
Nevada State Bar No. 10382
720 S. Seventh Street, 3rd Floor
Las Vegas, NV 89101
Attorneys for Plaintiff

/s/ Patrick A. Rose, Esq.
PATRICK A. ROSE, ESQ.
Nevada State Bar No. 5109
501 Las Vegas Boulevard South, Suite 1100

Las Vegas, Nevada 89101
Attorneys for Defendant


ORDER

15
16
17

IT IS SO ORDERED.
January 5th
Dated this _______day of _________________________, 2018.

18
19
20
21
22
23
24
25
26
27
28

____________________________________
UNITED STATES MAGISTRATE JUDGE