Leys v. Wal-Mart Stores, Inc.

Filing 23

ORDER Granting 21 Stipulation re Discovery Deadlines. Discovery due by 5/14/2018. Proposed Joint Pretrial Order due by 6/12/2018. Motions due by 6/13/2018. Signed by Magistrate Judge Cam Ferenbach on 12/20/2017. (Copies have been distributed pursuant to the NEF - MMM)

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Charles Abbott (SBN 13811)
Law Offices of Charles Abbott, PC
2150 Park Place, Suite 100
El Segundo, CA 90245
[phone]
[e-mail]
Ronald H. Reynolds (SBN 827)
Harrison J. Reynolds (SBN 13748)
Reynolds & Associates
823 Las Vegas Blvd. S., Suite #280
Las Vegas, NV 89101
[phone]
[phone]
Attorneys for Defendant, Wal-Mart Stores, Inc.

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UNITED STATES DISTRICT COURT,
DISTRICT OF NEVADA

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SYLVIA LEYS,

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Case Number: 2:17-cv-02196-APG-VCF
Plaintiff,

v.

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WAL-MART STORES, INC., dba Wal-Mart
Store #4356 a foreign corporation; MARLON
HUGHES; DOES I through XXX, inclusive and
ROE BUSINESS ENTITIES I through XXX,
inclusive,

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Defendants.

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JOINT DISCOVERY PLAN AND
SCHEDULING ORDER
Filed in Compliance with LR 26-4
(First Request)

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Under Local Rule 26-4, the parties, through their respective counsel, request the Court

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extend the discovery cutoff for ninety (90) days. This is the first request for an extension of

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discovery deadlines.

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Status Report: The parties conducted a Rule 26(f) conference on August 28, 2017 and

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filed a stipulated discovery plan and scheduling order (ECF No. 7) on August 30, 2017, setting

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the discovery deadline for February 13, 2018. This action involves an accident at a retail store

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operated by Defendant Wal-Mart Store, Inc. (“Walmart”). The accident resulted in severe and

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debilitating injuries to Plaintiff who has over $900,000 in medical damages to date. Under LR 26-

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4, the deadline to request an extension of discovery deadlines is January 23, 2018. While the

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parties have been working diligently to complete the remaining discovery within the deadlines,

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the parties request a ninety (90) day extension of the discovery deadlines for the following

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reasons:

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1.

Walmart served its initial disclosures on September 1, 2017. Plaintiff served her

responses on October 4, 2017. Plaintiff’s initial disclosures contained documents.
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Plaintiff served her First Set of Interrogatories, Requests for Production and

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Requests for Admission on September 18, 2017. Walmart served its responses to all written

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discovery on October 25, 2017. Besides its written responses, Walmart also produced documents

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responsive to Plaintiff’s document requests.

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3.

Walmart served its First Set of Interrogatories and Requests for Production on

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September 6, 2017. Plaintiff served her responses on October 18, 2017. On November 14, 2017,

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Walmart identified deficient responses in both the interrogatories and document requests. The

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parties are working in good faith to resolve Walmart’s concerns without judicial intervention.

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4.

Resolution of the Plaintiff’s responses to Walmart’s document requests is critical

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for Walmart’s medical expert before Plaintiff’s physical examination under Fed. R. Civ. P. 35.

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Walmart believes that Plaintiff was involved in workplace and automobile accidents, months

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before the incident at the Walmart store, which caused injuries to body parts she alleges Walmart

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negligently caused. The parties are working in good faith to resolve Walmart’s concerns about

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-2Joint Stipulation to Extend Discovery

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Plaintiff’s document production.
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Plaintiff deposed three percipient witnesses on November 14 and 15, 2017.

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Plaintiff may depose other witnesses, including Walmart’s representative under Fed. R. Civ. P.

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30(b)(6). Walmart plans to depose Plaintiff and her percipient witnesses once Walmart is

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satisfied that Plaintiff has completed her discovery obligations. Both sides plan to conduct expert

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depositions. Given the amount of medical providers and lien holders in this $1 million claim,

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Walmart expects many depositions.

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6.

On December 3, 2017, Walmart requested Plaintiff’s counsel to stipulate to a

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mental examination under Fed. R. Civ. P. 35. Walmart selected Dr. Louis Etcoff, a forensic

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psychiatrist, to perform the evaluation, but his next appointment is in February 2018. Walmart

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believes that a report drafted by Plaintiff’s psychiatrist, who Plaintiff identified as a non-retained

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expert, provides ample support for a mental examination. Plaintiff agreed to respond to

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Walmart’s request for a mental examination by December 18, 2017.

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7.

On November 27, 2017, Plaintiff filed a motion to remand. Walmart’s response is

due by December 11, 2107.
New Deadlines: Therefore, the parties propose a 90-day extension with these discovery
deadlines:

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1. Discovery cut off:

May 14, 2018

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2. Filing Motions to Amend

deadline passed

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3. Initial Expert Disclosure

March 15, 2018

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4. Rebuttal Expert Disclosure

April 16, 2018

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5. Dispositive Motions

June 13, 2018

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6. Pretrial Order: A pretrial order shall be filed by July 12, 2018. But, if any

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dispositive motions are filed, the Joint Pretrial Order shall be due thirty days after decision of

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such motion(s). Disclosures under Fed. R. Civ. P. 26(a)(3) and any objections shall be included in

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the Joint Pretrial Order.

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Electronic Discovery: The parties have located no significant relevant information,
-3Joint Stipulation to Extend Discovery

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stored in an electronic format. The parties agree to produce any electronically stored information

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in paper and/or pdf format. If the parties learn that electronically stored information is available

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and would affect this case, the parties will meet and confer about the production of that

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information in an acceptable format.

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Dated: December 12, 2017
Ladah Law Firm, PLLC

Dated: December 12, 2017
Law Offices of Charles Abbott

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By: /s/ Ramzy Ladah
Ramzy P. Ladah, Esq. (SBN 11405)
517 S. Third Street
Las Vegas, CA 89101

By: /s/ Charles Abbott
Charles Abbott (SBN 13811)
2150 Park Place, Suite 100
El Segundo, CA 90245

Attorney for Plaintiff, Sylvia Leys

Attorney for Defendants, Kevin Prentice and
Wal-Mart Stores, Inc.

IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED:

December 13, 2017

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-4Joint Stipulation to Extend Discovery