Zapinski v. Wal-Mart Stores, Inc.

Filing 15

ORDER granting 14 Stipulation; Signed by Magistrate Judge Nancy J. Koppe on 11/13/2017. Discovery due by 4/13/2018., Motions due by 5/11/2018., Proposed Joint Pretrial Order due by 6/12/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02176-APG-NJK Document 14 Filed 11/09/17 Page 1 of 4

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BRIAN D. NETTLES, ESQ.
Nevada Bar No. 7462
WILLIAM R. KILLIP, JR.
Nevada Bar No. 3660
JENNIFER PETERSON, ESQ.
Nevada Bar No. 11242
NETTLES LAW FIRM
1389 Galleria Drive, Suite 200
Henderson, Nevada 89014
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff

1389 Galleria Drive Suite 200
Henderson, NV 89014
[phone] / [phone] (fax)

NETTLES LAW FIRM

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHELLE ZAPINSKI, an individual;

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CASE NO.: 2:17-CV-2176

Plaintiffs,
vs.
WAL-MART STORES, INC., a foreign
corporation
d/b/a
WAL-MART
SUPERCENTER #1584; DOES 1 through
10, inclusive; ROE CORPORATIONS 11
through 20, inclusive; and ABC LIMITED
LIABILITY COMPANIES 21 through 30,
inclusive,

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINE
DATES (FIRST REQUEST)

Defendants.

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COME NOW, Plaintiff MICHELLE ZAPINSKI, by and through her attorneys BRIAN D.

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NETTLES, ESQ., and WILLIAM R. KILLIP, JR., ESQ., and JENNIFER A. PETERSON, ESQ.,

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of the NETTLES LAW FIRM; and Defendant WAL-MART STORES, INC. d/b/a WAL-MART

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SUPERCENTER #1584, by and through their attorneys ROBERT K. PHILLIPS, ESQ., and

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RYAN KERBOW, ESQ., of PHILLIPS, SPALLAS & ANGSTADT, LLC, and hereby submit

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the following Stipulation pursuant to Local Rule 26-4. Based upon the following, the Parties

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Case 2:17-cv-02176-APG-NJK Document 14 Filed 11/09/17 Page 2 of 4

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request this Court extend all discovery deadlines by sixty (60) days. This request is made in

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good faith and not to unduly delay the proceedings.

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I.

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Local Rule 6-1
Under LR 6-1(b) every stipulation to extend time must inform the court of any previous

extensions granted and state the reason for the extension requested.

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a.

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This is the first request for extension filed by the parties. The parties are seeking this

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extension in order to complete additional discovery that could not be completed during the time

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allotted.

1389 Galleria Drive Suite 200
Henderson, NV 89014
[phone] / [phone] (fax)

NETTLES LAW FIRM

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II.

The Requirement of Local Rule 6-1 Are Satisfied

Local Rule 26-4(a)

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Under LR 26-4(a) a statement specifying the Discovery completed:

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a. Initial disclosures have been exchanged between all parties.

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b. Written discovery has been expedited.

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III.

Local Rule 26-4(b)

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Under LR 26-4(b) a specific description of the Discovery that remains to be completed:

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a. The remaining Discovery to be completed is Plaintiff’s deposition, FRCP 30(b)(6)

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depositions of Defendant, Deposition of Defendant’s employees, depositions of

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treating physicians, and disclosure and depositions of the experts. Of note: the

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deposition of Plaintiff is currently scheduled to take place on November 29, 2017 and

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the deposition of Dr. Yavgeniy Khavkin, Plaintiff’s treating physician, is currently

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scheduled to take place on December 19, 2017.

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IV.

Local Rule 26-4(c)

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Under LR 26-4(c) the reasons why Discovery remaining was not completed within the

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time limits set by the Discovery Plan:

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a. Due to various scheduling conflicts, it has been impossible to conduct depositions

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which must be completed prior to the disclosure of experts.
V.

Local Rule 26-4(d)
Under LR 26-4(d) a proposed schedule for completing all remaining Discovery:

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Case 2:17-cv-02176-APG-NJK Document 14 Filed 11/09/17 Page 3 of 4

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a. Discovery cutoff dates:

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Current date:

February 12, 2018

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Proposed date:

April 13, 2018

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b. Amending the Pleadings and Adding Parties:

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Current date:

November 14, 2017

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Proposed date:

January 12, 2018

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c. Disclosures of Experts:

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i. Initial expert disclosures:

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Current date:

December 14, 2017

Proposed date:

February 12, 2018

1389 Galleria Drive Suite 200
Henderson, NV 89014
[phone] / [phone] (fax)

NETTLES LAW FIRM

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ii. Rebuttal expert disclosures:

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Current date:

January 15, 2018

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Proposed date:

March 14, 2018

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d. Interim Status Report:

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Current date:

December 14, 2017

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Proposed date:

February 12, 2018

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e. Dispositive Motions:

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Current date:

March 14, 2018

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Proposed date:

May 11, 2018

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f. Joint Pre-Trial Order:

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Current date:

April 13, 2018

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Proposed date:

June 12, 2018

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…

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…

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…

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…

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…

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…

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Case 2:17-cv-02176-APG-NJK Document 14 Filed 11/09/17 Page 4 of 4

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Therefore, good cause existing, counsel jointly request that this Honorable Court allow
them the above proposed extended Discovery dates.

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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

By: /s/ Jennifer A. Peterson
JENNIFER A. PETERSON, ESQ.
Nevada Bar No. 11242
1389 Galleria Drive, Suite 200
Henderson, Nevada 89014
Attorneys for Plaintiff

By: /s/ Ryan Kerbow
RYAN KERBOW, ESQ.
Nevada Bar No. 11403
504 South Ninth Street
Las Vegas, Nevada 89101
Attorneys for Defendant

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1389 Galleria Drive Suite 200
Henderson, NV 89014
[phone] / [phone] (fax)

NETTLES LAW FIRM

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ORDER
Upon stipulation of counsel and good cause appearing therefore:
IT IS HERBY ORDERED that the Stipulation and Order to Extend Discovery
Deadline Dates (First Request) is hereby approved.
November 13
DATED this _____ day of ____________________, 2017.

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________________________________________
UNITED STATES MAGISTRATE JUDGE

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Respectfully submitted by:

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NETTLES LAW FIRM

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By: /s/ Jennifer A. Peterson
JENNIFER PETERSON, ESQ.
Nevada Bar No. 11242
1389 Galleria Drive, Suite 200
Henderson, Nevada 89014
Attorney for Plaintiff

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