Leys v. Wal-Mart Stores, Inc.

Filing 48

ORDER granting 47 Stipulation to Complete Deposition outside the Discovery Period. Signed by Magistrate Judge Cam Ferenbach on 11/13/2018. (Copies have been distributed pursuant to the NEF - MMM)

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ROBERT K. PHILLIPS
Nevada Bar No. 11441
ALYCE FOSHEE
Nevada Bar No. 14519
PHILLIPS, SPALLAS & ANGSTADT LLC
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]
[phone] (Fax)
[e-mail]
[e-mail]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:17-cv-02196-APG-VCF

SYLVIA LEYS,
Plaintiff,
v.
WAL-MART STORES, INC., dba WALMART
STORE #4356 a foreign
corporation; DOE EMPLOYEE; DOES I
through XXX, inclusive and ROE
BUSINESS ENTITIES I through XXX,
inclusive,
Defendants.

STIPULATION AND ORDER FOR
LEAVE TO COMPLETE THE
DEPOSITION OF JASWINDER
GROVER, MD OUTSIDE THE
DISCOVERY PERIOD

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Plaintiff SYLVIA LEYS (hereinafter “Plaintiff”) and Defendant WAL-MART STORES, INC.

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(hereinafter “Defendant”), by and through their respective counsel of record, do hereby stipulate to

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conduct certain discovery outside the discovery period. Specifically, the parties stipulate that The

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deposition of Jaswinder Grover M.D., which commenced on May 25, 2018, shall be completed

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on January 11, 2019, or the first available date thereafter.

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DISCOVERY COMPLETED TO DATE

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•

The parties have conducted an FRCP 26(f) conference.

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•

The parties have served and exchanged their respective FRCP 26(a) initial disclosures

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and supplements thereto.
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Plaintiff has served written discovery requests to Defendant, and Defendant timely
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served its responses and objections to the same.

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•

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Defendant has served written discovery requests to Plaintiff, and Plaintiff timely served
her responses and objections to the same.

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Each party has made their respective expert disclosures.

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Plaintiff has taken depositions of fact witnesses, including Walmart employees Marlen

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Hughes, Drake Jenkins, and Dennis Dellere.

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Defendant has taken the deposition of Plaintiff’s expert John Peterson.

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•

Defendant has taken deposition of Plaintiff’s treating provider Dr. Moratillo.

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•

Defendant has deposed Plaintiff’s treating provider Dr. Grover for approximately 1.5

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hours

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•

Defendant has obtained executed authorizations from Plaintiff and has subpoenaed and

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records from Plaintiff’s providers and continues to subpoena updated records on an

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ongoing basis.

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Defendant has noticed the deposition of Plaintiff, which will be completed on

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November 13, 2018 pursuant to a stipulation of the parties (ECF No. 44).

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DISCOVERY TO BE COMPLETED OUTSIDE THE DISCOVERY PERIOD

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Discovery to be completed includes:

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Completion of the deposition of Plaintiff’s treating provider, Dr. Grover.

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The parties aver that good cause exists for the request pursuant to Local Rule 6-1. Dr. Grover’s

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deposition was noticed by Walmart’s former counsel, Law Offices of Charles Abbott, PC, and

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commenced on May 25, 2018. Given the breadth of testimony to be obtained, former counsel noted on

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the record upon expiration of the allotted time, that the deposition remained open and would be

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completed at a later date. Discovery in this matter currently closes on November 12, 2018, however,

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Dr. Grover’s first available date for completion of his deposition is January 11, 2019. As such, the

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parties have cordially agreed to that Dr. Grover’s Deposition may be completed outside the discovery

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period on January 11, 2019, or the first available date thereafter should Dr. Grover’s availability

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change prior to this date.

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//
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The parties aver that this request is made by the parties in good faith and not for the purpose of

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delay.

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DATED this 12th day of November, 2018.

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/s/ Carl R. Houston
____________________________
CARL R. HOUSTON, ESQ.
Nevada Bar No. 11161
LADAH LAW FIRM
517 S. Third Street
Las Vegas, NV 89101
Attorneys for Plaintiff
Sylvia Leys

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DATED this 12th day of November, 2018.
/s/ Alyce W. Foshee
______________________________
ROBERT K. PHILLIPS, ESQ.
Nevada Bar No. 11441
ALYCE W. FOSHEE, ESQ.
Nevada Bar No. 14519
PHILLIPS SPALLAS & ANGSTADT LLC
504 South Ninth Street
Las Vegas, Nevada 89101
Attorneys for Defendant
Wal-Mart Store, Inc.

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IT IS SO ORDERED:
_____________________________________
UNITED STATES MAGISTRATE JUDGE
11-13-2018
DATED:_____________________________

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CERTIFICATE OF SERVICE
Pursuant to FRCP Rule 5, I hereby certify that I am an employee of the law firm PHILLIPS,
SPALLAS & ANGSTADT, LLC, and that on this 12th day of November, 2018, I electronically served
a copy of STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO COMPLETE THE
DEPOSITION OF JASWINDER GROVER, MD OUTSIDE THE DISCOVERY PERIOD as
follows:
By facsimile addressed to the following counsel of record, at the address listed below;
By placing same to be deposited for mailing in the United States Mail, in a sealed envelope
upon which first class postage was prepaid in Las Vegas, Nevada;
By Hand Delivery (ROC); and/or
By Electronic Service through CM/ECF to:
ATTORNEY OF RECORD
RAMZY P. LADAH ESQ.
Nevada Bar No. 11405
CARL R. HOUSTON
Nevada Bar No. 11161
LADAH LAW FIRM
517 S. Third Street
Las Vegas, NV 89101
[e-mail]

TELEPHONE/FAX
Phone [phone]
Fax [phone]

/s/ Alyce W. Foshee
An Employee of PHILLIPS, SPALLAS & ANGSTADT LLC

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PARTY
Plaintiff