Flores v. Wal-Mart Stores, Inc.

Filing 39

ORDER granting 38 Stipulation to Extend Discovery Deadlines. Discovery due by 6/11/2018. Motions due by 7/9/2018. Proposed Joint Pretrial Order due by 8/6/2018. Signed by Magistrate Judge Nancy J. Koppe on 2/2/2018. (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 (SECOND
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 are seeking in good faith to settle this

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case while continuing to conduct discovery to complete before trial, the parties request a sixty

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(60) day extension of 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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NETTLES LAW FIRM

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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 and

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Defendant responded to Requests for Admissions on December 4, 2017, Requests for

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Production of Documents on December 18, 2017 and Interrogatories on December 18,

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2017.

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5. Defendant has taken the depositions of Cheri Adams and Plaintiff, Robert Flores.

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6. Plaintiff has taken the deposition of Defendant’ cashier Jonathan Sorola.
s

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B. SPECIFIC DESCRIPTION OF THE DISCOVERY TO BE COMPLETED

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An Independent Medical Examination of the Plaintiff to be conducted by a retained

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medical expert from Defendant and initial Expert and Rebuttal disclosures. Additionally, the

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parties intend to depose several individuals including Defendant’ Rule 30(b)(6) designee(s),
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treating medical professionals, and expert witnesses, other witnesses, if necessary.

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C. REASONS FOR EXTENSION TO COMPLETE DISCOVERY

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The parties have agreed to participate in a Settlement Conference and the Defendant

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needs additional time to allow for the scheduling of an Independent Medical Examination of the

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Plaintiff should settlement negotiations fail. This request is made in good faith and not for the

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purpose of delay.

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

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Currently: Tuesday, April 10, 2018

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Proposed: Monday, June 11, 2018

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Last date to amend pleadings and add parties:

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Currently: Tuesday, January 9, 2018

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Proposed: N/A

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Last date to disclose experts pursuant to Fed. R. Civ. P. 26(a)(2):

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Currently: Friday, February 9, 2018

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NETTLES LAW FIRM

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Proposed: Tuesday, April 10, 2018

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Last date to disclose rebuttal experts:

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Currently: Monday, March 12, 2018

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Proposed: Friday, May 11, 2018

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Last date to file interim status report:

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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 file dispositive motions:

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Currently: Tuesday, May 8, 2018

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Proposed: Monday, July 9, 2018

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Last date to file joint pretrial order:

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Currently: Tuesday, June 5, 2018

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Proposed: Monday, August 6, 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 (Second Request) be granted and that the Court adopt the proposed dates

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mentioned above.

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DATED this 1st day of February, 2018.

DATED this 1st day of February, 2018.

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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NETTLES LAW FIRM

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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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________________________________________________
UNITED STATES MAGISTRATE JUDGE

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February 2, 2018
DATED: ________________________________________

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