Trell v. McCune et al

Filing 34

ORDER Granting 33 Stipulation re Discovery Deadlines. Discovery due by 7/27/2018. Proposed Joint Pretrial Order due by 9/28/2018. Signed by Magistrate Judge George Foley, Jr on 2/16/2018. (Copies have been distributed pursuant to the NEF - MMM)

LLP

P ANISH S HEA & B OYLE

11111 Santa Monica Boulevard, Suite 700
Los Angeles, California 90025
310.477.1700 phone • 310.477.1699 fax

Case 2:17-cv-01401-RFB-GWF Document 33 Filed 02/14/18 Page 1 of 5

1 RAHUL RAVIPUDI, ESQ.
Pending Pro Hac Admission
2 THOMAS A. SCHULTZ, ESQ.
Pending Pro Hac Admission
3 GREGORIO V. SILVA, ESQ.
Nevada Bar No. 13583
4 PANISH SHEA & BOYLE LLP
8816 Spanish Ridge Avenue
5 Las Vegas, Nevada 89148
Telephone: [phone]
6 Facsimile: [phone]
E-mail: [e-mail]
7
[e-mail]
[e-mail]
8
JASON R.MAIER, ESQ.
9 Nevada Bar No. 8557
JOSEPH A. GUTIERREZ, ESQ.
10 Nevada Bar No. 9046
DANIELLE J. BARRAZA, ESQ.
11 Nevada Bar No. 13822
MAIER GUTIERREZ &ASSOCIATES
12 8816 Spanish Ridge Avenue
Las Vegas, Nevada 89148
13 Telephone: [phone]
Facsimile: [phone]
14 E-mail: [e-mail]
[e-mail]
15
[e-mail]
16 Attorneys for Plaintiff
Lynn Elyse Trell
17
18

UNITED STATES DISTRICT COURT

19

DISTRICT OF NEVADA, SOUTHERN DIVISION

20 LYNN ELYSE TRELL, an individual,

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

21

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(Proposed)

22

Plaintiff,
v.

23 STEPHEN F. MCCUNE, an individual;
SWIFT TRANSPORTATION CO., LLC, a
24 foreign limited-liability company; DOES I
through X; and ROE CORPORATIONS I
25 through X, inclusive,
26

(Second Request)

Defendants.

27
28

Pursuant to LR 6-1, 6-2 and LR 26-4, the parties by and through their respective counsel of
Case No. 2:17-cv-01401-RFB-GWF
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES

Case 2:17-cv-01401-RFB-GWF Document 33 Filed 02/14/18 Page 2 of 5

1 record, hereby stipulate and request that the Court extend discovery in the above-captioned case as
2 discussed herein. In support of this Stipulation and Request the parties state as follows:
3 A. DISCOVERY CONDUCTED
4

1. On May 17, 2017, Defendants filed a Petition for Removal.

5

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

6

3. Plaintiff served her initial disclosure on June 15, 2017, and has since served five supplements.

7

4. Defendants served their initial disclosures on July 19, 2017, and has since served seven

8
9

supplements.
5. Plaintiff propounded her first set of interrogatories, request for production of documents, and

LLP

P ANISH S HEA & B OYLE

requests for admissions to Defendants on June 23, 2017.

11
11111 Santa Monica Boulevard, Suite 700
Los Angeles, California 90025
310.477.1700 phone • 310.477.1699 fax

10

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

12
13
14

August 9, 2017,
b. Defendants served their responses to Plaintiff's first set of request for production of
documents on August 23, 2017.

15

c. Defendant Swift Transportation Co., LLC served its responses to Plaintiff's first set of

16

interrogatories on August 25, 2017, and Mr. McCune served his responses to Plaintiff's

17

first set of interrogatories on September 18, 2017.

18

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

19

to Plaintiff on June 17, 2017.

20

a. Plaintiff served her responses to Defendant Stephen F. McCune's First set of request for

21
22
23
24

production of documents on July 20, 2017.
b. Plaintiff served supplemental responses to Defendant's request for production of
documents on August 29, 2017.
7. Defendant Swift Transportation Co, LLC propounded its first set of interrogatories and request

25

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

26

a. Plaintiff served here responses to Defendant Swift Transportation Co., LLC's first set of

27
28

interrogatories and request for production of documents on August 23, 2017.
8. The parties entered into a stipulated protective order on September 1, 2017, in order for
Case No. 2:17-cv-01401-RFB-GWF
2
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES

Case 2:17-cv-01401-RFB-GWF Document 33 Filed 02/14/18 Page 3 of 5

1

Defendants to complete their document production response to the discovery requests. The

2

Court granted the stipulated protective order on September 5, 2017, and Defendants then made

3

supplemental disclosures of responsive documents on September 22, 2017, September 27,

4

2017, and December 20, 2017.

5

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

6

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

7

11. Plaintiff filed a Motion to Compel production of surveillance footage that was heard and

8

granted on December 1, 2017.

9

a. Defendant Swift Transportation Co, LLC made a supplemental disclosure of responsive
documents on December 19, 2017.

11 B. DISCOVERY REMAINING
11111 Santa Monica Boulevard, Suite 700
Los Angeles, California 90025
310.477.1700 phone • 310.477.1699 fax

P ANISH S HEA & B OYLE

LLP

10

12

1. Deposition of Plaintiff Lynn Trell was scheduled for November 20, 2017, but was vacated

13

when the Motion to Compel was filed. Plaintiff's deposition will be rescheduled to a mutually

14

agreeable date.

15

2. Deposition of Defendant Stephen F. McCune was scheduled for September 21, 2017, but was

16

vacated upon Plaintiff’s request. Mr. McCune’s deposition will be rescheduled to a mutually

17

agreeable date.

18

3. Deposition of the FRCP 30(b)(6) representative(s) of Swift Transportation Co., LLC (correctly

19

identified as Swift Transportation Co. of Arizona, LLC), was originally noticed for January

20

18, 2018, but Defendants objected to same because it was unilaterally set, the timing, the

21

location, and appropriateness of some topics therein. In effort to avoid further Court

22

intervention, the parties are currently working together, pursuant to LR 26-7, regarding same.

23

4. Plaintiff's inspection of Defendants' tractor, to be scheduled.

24

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

25

6. Disclosure and depositions of experts, to be scheduled.

26

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

27

herein.

28 / / /
Case No. 2:17-cv-01401-RFB-GWF
3
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES

Case 2:17-cv-01401-RFB-GWF Document 33 Filed 02/14/18 Page 4 of 5

1 C. REASONS WHY DEADLINE WAS NOT SATISFIED OR THE REMAINING
DISCOVERY WAS NOT COMPLETED WITHIN THE LIMITS SET BY THE
2
DISCOVERY PLAN
3

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

4 are three primary reasons discovery needs to be extended.
5
6

1. The law firms Maier Gutierrez & Associates and Stephenson & Dickinson were involved in a
jury trial before Magistrate Foley that went from January 22 to January 29, 2018.

7

2. The parties sought to participate in an additional mediation before conducting the remaining

8

discovery and depositions in an attempt to avoid unnecessary litigation costs. The mediation

9

has been confirmed and scheduled with Judge Glass on February 20, 2018.

LLP

P ANISH S HEA & B OYLE

3. The amended pleadings deadline is currently set for February 16, 2018. Plaintiff believes

11
11111 Santa Monica Boulevard, Suite 700
Los Angeles, California 90025
310.477.1700 phone • 310.477.1699 fax

10

information relevant to filing amended pleadings may be disclosed during the depositions of

12

Stephen F. McCune and the FRCP 30(b)(6) representative(s) of Swift Transportation Co, LLC

13

(correctly identified as Swift Transportation Co. of Arizona, LLC) and wishes to fully evaluate

14

all possible relevant information in making the determination to amend her Complaint.

15

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

16 sufficient time to complete the required depositions and discovery as discussed above in the event that
17 this case does not resolve at mediation on February 20, 2018.
18 D. A PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY
19

The following is a list of the current discovery deadlines and the parties' proposed extended

20 deadlines:
21

Scheduled Event

Current Deadline

Proposed Deadline

22

Discovery Cut-off

May 16, 2018

July 27, 2018

23

Amend Pleadings and Add
Parties
Expert Disclosure pursuant to
Fed. R. Civ. P. 26(a)(2)
Joint Interim Status Report

February 16, 2018

April 27, 2018

March 16, 2018

May 25, 2018

March 16, 2018

May 25, 2018

April 16, 2018

June 11, 2018

24
25
26
27

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

28
Case No. 2:17-cv-01401-RFB-GWF
4
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES

Case 2:17-cv-01401-RFB-GWF Document 33 Filed 02/14/18 Page 5 of 5

1

Joint Pretrial Order

July 18, 2018

2
3
4

September 28, 2018, or at
least thirty (30) days after
the decision of last
Dispositive Motions

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

5 in accordance with this stipulation.
6 DATED: February 14, 2018.
7

PANISH SHEA & BOYLE LLP

DATED: February 14, 2018.
STEPHENSON & DICKINSON, P.C.

LLP

P ANISH S HEA & B OYLE

11111 Santa Monica Boulevard, Suite 700
Los Angeles, California 90025
310.477.1700 phone • 310.477.1699 fax

8
_/s/ Gregorio V. Silva_____________
9 RAHUL RAVIPUDI, ESQ.
Pending Pro Hac Admission
10
GREGORIO V. SILVA, ESQ.
11 Nevaada Bar No. 13583
8816 Spanish Ridge Avenue
12 Las Vegas, Nevada 89148
Attorneys for Plaintiff
13 Lynn Elyse Trell
14

__/s/ Jacquelyn M. Franco__________
BRUCE SCOTT DICKINSON, ESQ.
Nevada Bar No. 2297
JACQUELYN M. FRANCO, ESQ.
Nevada Bar No. 13484
2820 West Charleston Boulvard, Suite B-19
Las Vegas, Nevada 89102
Attorneys for Defendants Stephen F. McCune
and Swift Transportation Co. of Arizona, LLC

DATED: February 14, 2018.

15
16

MAIER GUTIERREZ & ASSOCIATES

17 _/s/ Jason R. Maier_______________
JASON R. MAIER, ESQ.
18 Nevada Bar No. 8557
JOSEPH A. GUTIERREZ, ESQ.
19 Nevaada Bar No. 9046
8816 Spanish Ridge Avenue
20
Las Vegas, Nevada 89148
21 Attorneys for Plaibntiff
Lynn Elyse Trell
22
IT IS SO ORDERED.
23
15
DATED: this ____day of February, 2018
24
25

ORDER

UNITED STATES MAGISTRATE JUDGE

26
27
28
Case No. 2:17-cv-01401-RFB-GWF
5
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES