Trell v. McCune et al

Filing 28

ORDER granting 27 Stipulation re Discovery Deadlines. Discovery due by 5/16/2018. Motions due by 6/18/2018. Proposed Joint Pretrial Order due by 7/18/2018. Signed by Magistrate Judge George Foley, Jr on 11/15/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01401-RFB-GWF Document 27 Filed 11/14/17 Page 1 of 5

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JASON R. MAIER, ESQ.
Nevada Bar No. 8557
JOSEPH A. GUTIERREZ, ESQ.
Nevada Bar No. 9046
DANIELLE J. BARRAZA, ESQ.
Nevada Bar No. 13822
MAIER GUTIERREZ & ASSOCIATES
8816 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Lynn Elyse Trell
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LYNN ELYSE TRELL, an individual,

Case No.: 2:17-cv-01401-RFB-GWF

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Plaintiff,

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

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vs.
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(FIRST STIPULATED REQUEST)
STEPHEN F. MCCUNE, an individual; SWIFT
TRANSPORTATION CO., LLC, a foreign
limited-liability company; DOES I through X;
and ROE CORPORATIONS I through X,
inclusive,

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Defendants.
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Pursuant to LR 6-1, 6-2, and LR 26-4, the parties, by and through their respective counsel of

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record, hereby stipulate and request that the Court extend discovery in the above-captioned case as

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discussed herein. In support of this Stipulation and Request, the parties state as follows:

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A.

DISCOVERY CONDUCTED

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1.

On May 17, 2017, defendants filed a Petition for Removal.

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2.

On May 30, 2017, the parties participated in a Federal Rule 26(f) conference.

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3.

Plaintiff served her initial disclosure on June 15, 2017, and has since served four

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supplements.
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Case 2:17-cv-01401-RFB-GWF Document 27 Filed 11/14/17 Page 2 of 5

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4.

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Defendants served their initial disclosures on July 19, 2017, and has since served five
supplements.

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5.

Plaintiff propounded her first set of interrogatories, request for production of

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documents, and request for admissions to Defendants on June 23, 2017.

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a. Defendants served their responses to Plaintiff’s first set of request for admissions

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on August 9, 2017, and served their responses to Plaintiff’s first set of request for

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production of documents on August 23, 2017.

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b. Defendant Swift Transporation Co., LLC served its responses to Plaintiff’s first

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set of interrogatories on August 25, 2017, and Mr. McCune served his responses

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to Plaintiff’s first set of interrogatories on September 18, 2017.

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6.

Defendant Stephen F. McCune propounded his first set of request for production of

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documents to Plaintiff on June 17, 2017.

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a. Plaintiff served her responses to Defendant Stephen F. McCune’s first set of

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request for production of documents on July 20, 2017.

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supplemental responses to Defendant Swift Transportation Co., LLC’s request

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for production of documents on August 29, 2017.

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Plaintiff served

Defendant Swift Transportation Co., LLC propounded its first set of interrogatories

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and request for production of documents to Plaintiff on July 21, 2017.

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a. Plaintff served her responses Defendant Swift Transportation Co., LLC’s first set

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of interrogatories and request for production of documents on August 23, 2017.

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8.

The parties entered into a stipulated protective order on September 1, 2017, in order

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for Defendants to complete their document production in response to the discovery

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requests. The Court granted the stipulated protective order on September 5, 2017,

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and Defendants then made supplemental disclosures of responsive documents on

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September 22, 2017, and September 27, 2017.

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9.

The deposition of Trooper Dunbar took place on November 1, 2017.

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10.

The deposition of Trooper Lareux took place on November 7, 2017.

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Case 2:17-cv-01401-RFB-GWF Document 27 Filed 11/14/17 Page 3 of 5

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B.

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DISCOVERY REMAINING
1.

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Plaintiff currently has a motion to compel production set for hearing on December 1,
2017.

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Deposition of Plaintiff Lynn Trell, was scheduled for November 20, 2017, has been

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vacated and will be rescheduled to a mutually agreeable date following the Court

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hearing on Plaintiff’s motion to compel.

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3.

Deposition of Defendant Stephen F. McCune, to be scheduled in January 2018.

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4.

Deposition of the FRCP 30(b)(6) representative of Swift Transportation Co., LLC, to
be scheduled in January 2018.

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5.

Depositions of Plaintiff’s treating medical providers, to be scheduled.

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6.

Disclosure and depositions of experts, to be scheduled.

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7.

Additional written discovery and depositions by both parties following the discovery
listed herein.

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C.

REASONS WHY DEADLINE WAS NOT SATISFIED OR THE REMAINING

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DISCOVERY WAS NOT COMPLETED WITHIN THE LIMITS SET BY THE

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DISCOVERY PLAN

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This is the first stipulated request for extension of discovery deadlines in this matter. There

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are four primary reasons discovery needs to be extended:
1.

The amended pleadings deadline was originally set for August 16, 2017. As a result

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of the discovery completed after this deadline passed, the parties have agreed that the

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deadline can be reopened in order to give Plaintiff an opportunity to amend her

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Complaint if she wishes.

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2.

Given that Mr. McCune is a truck driver for Swift Transportation Co., LLC, and

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November/December are the busiest time of the year for them due to the holiday

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season, counsel for the parties have conferred and it appears these depositions will

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need to take place in January 2018 at the earliest.

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3.

Ms. Trell’s deposition was originally scheduled for November 20, 2017, but has
since been vacated following the filing of Plaintiff’s motion to compel on November
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Case 2:17-cv-01401-RFB-GWF Document 27 Filed 11/14/17 Page 4 of 5

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8, 2017, which the Court scheduled for hearing on December 1, 2017. The parties

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agree that the Court will need to rule on Plaintiff’s motion to compel before Ms.

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Trell’s deposition can be taken, which means Ms. Trell’s deposition will be

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rescheduled for a mutually convenient date in January 2018.

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4.

The same law firms involved in this case will be starting a federal court trial in

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another case on December 4, 2017. Between that trial and the upcoming holidays,

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there are no mutully convenient dates in December for depositions in this case.

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Accordingly, the parties agree to extend the deadlines as outlined below, so the parties have

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sufficient time to complete the required depositions and discovery as discussed above.
D.

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A PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY
The following is a list of the current discovery deadlines and the parties’ proposed extended

deadlines:

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Scheduled Event
Discovery Cut-off

Current Deadline
February 12, 2018

Proposed Deadline
May 16, 2018

CLOSED

February 16, 2018

Expert Disclosure pursuant to
Fed R. Civ. P. 26 (a)(2)

December 14, 2017

March 16, 2018

Joint Interim Status Report

December 14, 2017

March 16, 2018

Rebuttal Expert Disclosure
pursuant to Fed. R. Civ. P.
26(a)(2)

January 15, 2018

April 16, 2018

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Dispositive Motions

March 14, 2018

June 18, 2018

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Joint Pretrial Order

April 13, 2018

July 18, 2018, or at least
thirty (30) days after the
decision of last Dispositive
Motions

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Amend Pleadings and Add
Parties

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Case 2:17-cv-01401-RFB-GWF Document 27 Filed 11/14/17 Page 5 of 5

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WHEREFORE, the parties respectfully request that the Court extend the discovery deadlines

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in accordance with this stipulation.

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DATED this 14th day of November, 2017.

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MAIER GUTIERREZ & ASSOCIATES

STEPHENSON & DICKINSON, P.C.

__/s/ Jason R. Maier__________________
JASON R. MAIER, ESQ.
Nevada Bar No. 8557
JOSEPH A. GUTIERREZ, ESQ.
Nevada Bar No. 9046
DANIELLE J. BARRAZA, ESQ.
Nevada Bar No. 13822
8816 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Attorneys for Plaintiff Lynn Elyse Trell

_/s/ Michael Hottman___________________
BRUCE SCOTT DICKINSON, ESQ.
Nevada Bar No. 2297
MICHAEL HOTTMAN, ESQ.
Nevada Bar No. 8501
2820 West Charleston Boulevard, Suite B-19
Las Vegas, Nevada 89102
Attorneys for Defendants Stephen F. McCune
and Swift Transportation Co., LLC

DATED this 14th day of November, 2017.

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ORDER

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IT IS SO ORDERED.

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15th
DATED this ____ day of November, 2017.

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UNITED STATES MAGISTRATE JUDGE

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