Scolaro v. Vons Companies, Inc.

Filing 22

ORDER Granting 21 Second Stipulation to Extend Discovery Deadlines. Discovery due by 9/24/2018. Motions due by 10/23/2018. Proposed Joint Pretrial Order due by 11/23/2018. Signed by Magistrate Judge Cam Ferenbach on 4/30/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Jack P. Burden, Esq.
Nevada State Bar No. 6918
Xiao Wen Jin, Esq.
Nevada State Bar No. 13901
BACKUS, CARRANZA & BURDEN

3050 South Durango Drive
Las Vegas, NV 89117
T: [phone]
F: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
The Vons Companies, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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Case No. 2:17−cv−01979−JAD−VCF

FRANCINE SCOLARO, an individual,
Plaintiff,

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(SECOND REQUEST)

vs.
THE VONS COMPANIES, INC.; DOES I
through X, and ROE CORPORATIONS XI
through XX, inclusive,
Defendants.

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In accordance with Local Rules of Practice for the United States District Court for the

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District of Nevada (“LR”) 26-4, Defendant The Vons Companies, Inc. (“Defendant”), by and

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through its counsel of record, BACKUS, CARRANZA & BURDEN, and Plaintiff Francine Scolaro

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(“Plaintiff”), by and through her counsel of record, BLACK & LOBELLO, hereby stipulate and

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agree to an extension of all remaining discovery deadlines by sixty (60) days. The parties

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propose the following revised discovery plan:

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DISCOVERY COMPLETED TO DATE
The parties have exchanged initial and supplemental disclosures of documents and the
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names of individuals with knowledge of the facts pertaining to the claims set forth in this matter.

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Defendant has propounded written discovery requests including interrogatories and requests for

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production. Defendant has taken Plaintiff’s deposition. Plaintiff has propounded requests for

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interrogatories, production of documents, and admissions. Plaintiff has also taken the deposition

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of Defendant’s employees.
DISCOVERY TO BE COMPLETED

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Plaintiff seeks to perform a site inspection of the subject store. Defendant intends to depose

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Plaintiff’s medical providers. Plaintiff intends to depose the Defendant’s “PMK” as well as the only

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known percipient witness. The parties intend to disclose and depose liability and damages experts.

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Defendant intends to have Plaintiff undergo an Independent Medical Examination.

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REASONS FOR EXTENSION TO COMPETE DISCOVERY
Plaintiff was scheduled to undergo an Independent Medical Examination (“IME”) by Dr.

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Howard Tung on April 12, 2018. However, Plaintiff’s mother passed away the night before. Thus,

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Plaintiff was not able to attend the scheduled IME. Due to Dr. Tung’s busy schedule, Defendant

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was not able to schedule another IME for immediately thereafter. The parties therefore request for a

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60-day extension of the remaining discovery deadlines so that an IME could be scheduled and

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conducted. This request is made in good faith, not for the purpose of delay.

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PROPOSED NEW DISCOVERY DEADLINES

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Expert Disclosure Deadline:

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Currently:

5/25/18

Proposed:

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7/24/18

Interim Status Report:
Currently:

5/25/18

Proposed:

7/24/18

Rebuttal Expert Disclosure Deadline:
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Currently:

6/25/18

Proposed:

8/24/18
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Discovery Deadline:

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Currently:

7/24/18

Proposed:

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9/24/18

Deadline to File Dispositive Motions:
Currently:

8/24/18

Proposed:

10/23/18

Pre-Trial Order Deadline:
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Currently:
Proposed:

If dispositive motions are filed, the deadline for filing the
joint pretrial order will be suspended until 30 days after
11/23/18 decision on the dispositive motions or further court order.
9/24/18

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DATED: this 26th day of April, 2018

DATED: this 26th day of April, 2018

BLACK & LOBELLO

BACKUS, CARRANZA & BURDEN

By: /s/ Steven Mack
Steven Mack, Esq.
10777 West Twain Avenue #300
Las Vegas, NV 89135
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff

By: /s/ Jack P. Burden
Jack P. Burden, Esq.
3050 South Durango Drive
Las Vegas, NV 89117
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant

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ORDER
IT IS SO ORDERED.
April
30th
DATED: this
day of

, 2018.

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UNITED STATES MAGISTRATE JUDGE
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