Allen v. Target Corporation

Filing 21

ORDER Granting 20 Third Stipulation for Extension of Discovery Deadlines. Discovery due by 8/13/2018. Motions due by 9/12/2018. Proposed Joint Pretrial Order due by 10/12/2018. Signed by Magistrate Judge Nancy J. Koppe on 4/12/2018. (Copies have been distributed pursuant to the NEF - SLD)

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STED
BRADLEY S. MAINOR, ESQ.
Nevada Bar No. 7434
JOSEPH J. WIRTH, ESQ.
Nevada Bar No. 10280
MAINOR WIRTH, LLP
6018 S. Fort Apache Road, Ste. 150
Las Vegas, NV 89148-5652
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiff

MAINOR WIRTH, LLP

UNITED STATES DISTRICT COURT

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6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148
Phone: [phone] | Fax: [phone]

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DISTRICT OF NEVADA

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ANGELA ALLEN, individually;

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CASE NO.:

2:17-cv-02204-APG-NJK

Plaintiff,
STIPULATION FOR EXTENSION OF
DISCOVERY DEADLINES (Third
Request)

vs.
TARGET CORPORATION, a Foreign
Corporation; DOES I – X, inclusive; and
ROE CORPORATIONS I – X, inclusive,
Defendants.

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The above named parties, by and through their respective counsel of record, hereby submit
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the following STIPULATION FOR EXTENSION OF DISCOVERY DEADLINES (Third
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Request).
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A. DISCOVERY COMPLETED TO DATE
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This matter involves a slip and fall at one of Defendant’s stores. On September 20, 2017,
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the parties held an initial Rule 26(f) Conference. On September 27, 2017, the Court entered a
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Stipulated Discovery Plan/Scheduling Order. On November 29, 2017, the Court granted the
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parties’ first stipulated request to extend discovery deadlines. On January 29, 2018, the Court
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granted the parties’ second stipulated request to extend discovery deadlines.
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Page 1 of 4

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To date, Plaintiff has produced the following discovery:
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Plaintiff’s Initial List of Witnesses and Production of Documents Pursuant to
FRCP 26.1(a), served September 21, 2017;

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1st Supplement to Plaintiff’s Initial List of Witnesses and Production of Documents
Pursuant to FRCP 26.1(a), served October 2, 2017;

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2nd Supplement to Plaintiff’s Initial List of Witnesses and Production of
Documents Pursuant to FRCP 26.1(a), served November 17, 2017;

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Plaintiff’s Answers to Defendant Target Corporation’s First Set of Interrogatories,
served November 20, 2017;

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Plaintiff’s Responses to Defendant’s First Set of Requests for Production of
Documents, served November 20, 2017;

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3rd Supplement to Plaintiff’s Initial List of Witnesses and Production of
Documents Pursuant to FRCP 26.1(a), served January 8, 2017;

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4th Supplement to Plaintiff’s Initial List of Witnesses and Production of Documents
Pursuant to FRCP 26.1(a), served April 11, 2018.

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MAINOR WIRTH, LLP

6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148
Phone: [phone] | Fax: [phone]

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To date, Defendant has produced the following discovery:

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Defendant Target Corporation’s Initial Disclosures of Witnesses and Documents
Pursuant to Fed.R.Civ.P. 26(a)(1), served September 20, 2017;

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Defendant Target Corporation’s First Supplemental Disclosures of Witnesses and
Documents Pursuant to Fed.R.Civ.P. 26(a)(1), served March 9, 2018;

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Defendant Target Corporation’s Answers to Plaintiff’s First Set of Interrogatories,
served March 9, 2018;

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Defendant Target Corporation’s Responses to Plaintiff’s First Set of Requests for
Production, served March 9, 2018.

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To date, the following depositions have been taken:

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Julie Jarvis Francois, taken by Plaintiff on November 28, 2017;

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Ralph Tiebel, taken by Plaintiff on November 28, 2017;

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Illunga McClendon, taken by Plaintiff on February 20, 2018;

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Jason Boone, taken by Plaintiff on February 20, 2018.

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...

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Page 2 of 4

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B. DISCOVERY THAT REMAINS TO BE COMPLETED

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Defendant is still obtaining Plaintiff’s medical records through authorizations provided by

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Plaintiff. Defendant needs to conduct the deposition of Plaintiff, a witness who was with her at

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the time of the subject incident, and at least two of Plaintiff’s treating healthcare providers once

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Defendant has received Plaintiff’s medical records directly from the providers. Plaintiff continues

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to experience symptoms she attributes to the subject incident and anticipates requiring future

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treatment so Defendant may seek to have Plaintiff appear for a Rule 35 Examination.

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Plaintiff intends to conduct the depositions of additional employees and FRCP 30(b)(6)
representatives. The parties are also in the process of scheduling Plaintiff’s deposition.

MAINOR WIRTH, LLP

6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148
Phone: [phone] | Fax: [phone]

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The parties also anticipate designating expert witnesses and conducting the depositions of
any designated expert witnesses.

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C. REASONS WHY DISCOVERY HAS NOT BEEN COMPLETED

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Defendant is still in the process of obtaining Plaintiff’s medical records and films.

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Defendant needs to obtain those records before conducting the depositions of Plaintiff and her

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treating healthcare providers. Defendant also needs to obtain those records and films to provide

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to Defendant’s medical expert. Also, as Plaintiff continues to experience symptoms she attributes

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to the subject incident and anticipates requiring future treatment, Defendant will likely seek to

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have Plaintiff attend a Rule 35 Examination.

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Plaintiff needs to conduct the depositions of additional employees and Defendant’s FRCP

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30(b)(6) representative(s) prior to the disclosure of expert witnesses.

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employees have been deposed to date, and the parties are working to schedule the remaining

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employee depositions.

Four of Defendant’s

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All of this discovery cannot be completed and provided to expert witnesses to allow them

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to complete expert reports prior to the current initial expert disclosure deadline. Accordingly, the

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parties request a sixty day extension of the current discovery deadlines.

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D. PROPOSED DISCOVERY SCHEDULE

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Close of Discovery:

August 13, 2018

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Dispositive Motions:

September 12, 2018

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Joint Pre-Trial Order:

October 12, 2018

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Last day to amend pleadings:

Closed

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Initial Expert Disclosures:

June 13, 2018

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Rebuttal Expert Disclosures:

July 13, 2018

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Interim Status Report

June 13, 2018

DATED this 11th day of April, 2018.

DATED this 11th day of April, 2018.

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MAINOR WIRTH, LLP

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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER, LLP

/s/ Joseph J. Wirth

MAINOR WIRTH, LLP

6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148
Phone: [phone] | Fax: [phone]

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/s/ Douglas M. Rowan
BRADLEY S. MAINOR, ESQ.
Nevada Bar No. 7434
JOSEPH J. WIRTH, ESQ.
Nevada Bar No. 10280
6018 S. Fort Apache Road, Ste. 150
Las Vegas, NV 89148-5652
Counsel for Plaintiff

DOUGLAS M. ROWAN, ESQ.
Nevada Bar No. 4736
300 S. Fourth Street, 11th Floor
Las Vegas, NV 89101
Counsel for Defendant

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IT IS SO ORDERED.

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April day of
Dated this 12, 2018April, 2018.

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UNITED STATES MAGISTRATE JUDGE
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