Leys v. Wal-Mart Stores, Inc.

Filing 41

ORDER granting 40 Stipulation to Extend Deadlines. Discovery due by 7/13/2018. Motions due by 8/13/2018. Proposed Joint Pretrial Order due by 8/13/2018. Signed by Magistrate Judge Cam Ferenbach on 4/18/2018. (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 STIPULATION TO EXTEND
DISCOVERY PLAN AND SCHEDULING
ORDER
Filed in Compliance with LR 26-4
(Second Request)

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Under Local Rule 26-4, the parties and through their respective counsel, Plaintiff Sylvia

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Leys and Defendant Wal-Mart Stores, Inc. request this Court extend the discovery cutoff for

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sixty (60) days. This is the second request for an extension of discovery deadlines.

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Status Report: This action involves an accident at a retail store operated by Walmart.

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The accident allegedly resulted in severe and debilitating injuries to Plaintiff who has over

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$1,000,000 in medical damages from several surgical procedures. Under LR 26-4, the deadline to

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request an extension of discovery deadlines is April 23, 2018.

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To date, he parties have been working diligently to complete the remaining discovery

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within the deadlines. The parties have exchanged several sets of written discovery and either

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deposed or scheduled the depositions of several percipient witnesses. The parties have

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exchanged expert disclosures. And Walmart has scheduled depositions of treating physicians,

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who Plaintiff identified in her Rule 26 disclosures.

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Despite the extensive discovery, the parties request a sixty (60) day extension of the
discovery deadlines because:
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Walmart seeks depositions of the corporate representatives of Nevada Spine

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Clinic and Smoke Ranch Surgery Center, the location of many of Plaintiff’s surgeries. These

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medical facilities charged over $800,000 for medical expenses, which Walmart contends were

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not reasonable and customary. Both businesses refused to produce a corporate representative for

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deposition, which forced Walmart to seek relief from this Court. After Walmart filed and served

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the motions to compel the corporate depositions (See ECF Nos.35 and 36), neither business filed

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a response. Walmart filed a non-opposition to both motions to compel on April 9, 2018. See ECF

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No. 37. Even if this Court issues a court order compelling both businesses to designate a

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corporate representative for deposition, Walmart anticipates needing additional court assistance

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before these depositions occur.

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2.

Plaintiff seeks damages for past and future lost wages and future medical specials,

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but her disclosures describe these amounts “unknown at this time.” The parties are engaging in a

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meet and confer about these disclosures.

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-2Joint Stipulation to Extend Discovery Deadlines

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Plaintiff listed five treating physicians and the person most knowledgeable at

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nearly every medical facility which treated plaintiff as possessing information that the Plaintiff’s

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medical treatment “was caused as a result of the subject incident.” Because of the number of

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designations, Walmart needs additional time to depose these five medical providers and the

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corporate representatives at several medical facilities.
New Deadlines: Therefore, the parties propose a 60-day extension with these discovery

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deadlines:

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1. Discovery cut off:

July 13, 2018

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2. Filing Motions to Amend

deadline passed

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3. Initial Expert Disclosure

deadline passed

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4. Rebuttal Expert Disclosure

deadline passed

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5. Dispositive Motions

August 13, 2018

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-3Joint Stipulation to Extend Discovery Deadlines

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6. Pretrial Order: A pretrial order shall be filed by August 13, 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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Dated: April 17, 2018
Ladah Law Firm, PLLC

Dated: April 17, 2018
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
DATED: April 18, 2018

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-4Joint Stipulation to Extend Discovery Deadlines