Flores v. Wal-Mart Stores, Inc.

Filing 37

ORDER granting 36 Stipulation to Extend Deadlines. Discovery due by 4/10/2018. Motions due by 5/8/2018. Proposed Joint Pretrial Order due by 6/5/2018. Signed by Magistrate Judge Nancy J. Koppe on 11/13/2017. (Copies have been distributed pursuant to the NEF - MMM)

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BRIAN D. NETTLES, ESQ.
Nevada Bar No. 7462
CHRISTIAN M. MORRIS, ESQ.
Nevada Bar No. 11218
EDWARD J. WYNDER, ESQ.
Nevada Bar No. 13991
NETTLES LAW FIRM
1389 Galleria Drive, Suite 200
Henderson, Nevada 89014
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff

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NETTLES LAW FIRM

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STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT FLORES, an individual,

CASE NO.: 2:17-cv-01991-JAD-NJK

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Plaintiff,

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vs.
WAL-MART STORES, INC., a foreign
corporation d/b/a Wal-Mart Neighborhood
Market #3355; JONATHAN SOROLA, an
individual; DOES 1 through 10, inclusive; ROE
CORPORATIONS 11 through 20, inclusive; and
ABC LIMITED LIABILITY COMPANIES 21
through 30, inclusive,

STIPULATION TO EXTEND
DISCOVERY DEADLINES (FIRST
REQUEST)

Defendant(s).

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Plaintiff, Robert Flores (“
Plaintiff” by and through his counsels of record, Brian D.
),

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Nettles, Esq. Christian M. Morris, Esq., and Edward J. Wynder, Esq., of Nettles Law Firm, and

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Defendant, Wal-Mart Stores, Inc. d/b/a Wal-Mart Neighborhood Market #3355 (“
Defendant”
),

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by and through its counsel of record, Timothy D. Kuhls, Esq., Esq., of Phillips, Spallas &

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Angstadt, LLC, hereby stipulate to the extension of all remaining discovery deadlines by sixty

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(60) days pursuant to LR 26-4.

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STIPULATED APPLICATION

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WHEREAS, the parties have begun discovery but still have substantial discovery to

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complete before they will be ready for trial, the parties request a sixty (60) day extension of

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certain discovery deadlines as set forth below.

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A. DISCOVERY COMPLETED TO DATE

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1. The parties participated in the Fed. R. Civ. P 26(f) conference on August 15, 2017.

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2. Plaintiff made his pre-discovery disclosures pursuant to Fed. R. Civ. P 26.1(a)(1) on

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August 28, 2017. Defendant served its pre-discovery disclosures pursuant to Fed. R. Civ.

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P. 26.1(a)(1) on September 15, 2017.

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3. Defendant propounded written discovery to Plaintiff on September 18, 2017 and Plaintiff

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responded to Requests for Admissions on October 11, 2017 and Requests for Production

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of Documents on October 16, 2017 and Interrogatories on October 16, 2017.

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4. Plaintiff propounded written discovery to Defendant on November 1, 2017.

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B. SPECIFIC DESCRIPTION OF THE DISCOVERY TO BE COMPLETED

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Plaintiff has been unable to designate a medical expert or produce a report due to

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scheduling conflicts of the expert. Defendant’ responses to Plaintiff’ written discovery is due
s
s

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December 1, 2017. The parties have conducted one deposition of Defendant’ girlfriend, the
s

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deposition of one of Defendant’ employees is currently scheduled. The parties intend to depose
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several individuals including Plaintiff, Defendant’ Rule 30(b)(6) designee(s), treating medical
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professionals, expert witnesses and other employees of Defendant.

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C. REASONS FOR EXTENSION TO COMPLETE DISCOVERY
Despite the good faith efforts of the parties to comply with the Court’ discovery
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deadlines, various scheduling conflicts have occurred.

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experienced a delay in producing a medical expert report due to the scheduling conflicts of the

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medical expert. Accordingly, the parties believe a sixty (60) day extension to discovery is

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warranted and prudent. This request is made in good faith and not for the purpose of delay.

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As set forth above, Plaintiff has

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D. PROPOSED NEW DISCOVERY PLAN DEADLINES
Last date to complete discovery:

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Currently: Friday, February 9, 2018

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Proposed: Tuesday, April 10, 2018

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Last date to amend pleadings and add parties:

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Currently: Friday, November 10, 2017

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Proposed: Tuesday, January 9, 2018

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Last date to disclose experts pursuant to Fed. R. Civ. P. 26(a)(2):
Currently: Monday, December 11, 2017
Proposed: Friday, February 9, 2018
Last date to disclose rebuttal experts:

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Currently: Wednesday, January 10, 2018

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Proposed: Monday, March 12, 2018

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Last date to file interim status report:

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Currently: Monday, December 11, 2017

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Proposed: Friday, February 9, 2018

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Last date to file dispositive motions:

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Currently: Friday, March 9, 2018

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Proposed: Tuesday, May 8, 2018

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Last date to file joint pretrial order:

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Currently: Friday, April 6, 2018

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Proposed: Tuesday, June 5, 2018

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CONCLUSION

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Therefore, based upon the foregoing, the parties respectfully request that this Stipulation

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to Extend Discovery (First Request) be granted and that the Court adopt the proposed dates

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mentioned above.

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DATED this 9th day of November, 2017.

DATED this 9th day of November, 2017.

NETTLES LAW FIRM

PHILLIPS, SPALLAS & ANGSTADT LLC

/s/ Christian M. Morris, Esq.
BRIAN D. NETTLES, ESQ.
Nevada Bar No. 7462
CHRISTIAN M. MORRIS, ESQ.
Nevada Bar No. 11218
EDWARD J. WYNDER, ESQ.
Nevada Bar No. 13991
Attorneys for Plaintiff

/s/ Timothy D. Kuhls, Esq.
TIMOTHY D. KUHLS, ESQ.
Nevada Bar No. 13362
Attorneys for Defendant

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Case Name: Flores v. Wal-Mart Stores, Inc.
Case Number: 2:17-cv-01991-JAD-NJK

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IT IS SO ORDERED:

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Dated: November 13, 2017

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________________________________________________
UNITED STATES MAGISTRATE JUDGE

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DATED: ________________________________________

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