Trinidad Toscano v. Cardenas Markets, Inc.

Filing 10

ORDER granting 9 Motion to Extend Time; Discovery due by 4/27/2018. Motions due by 5/29/2018. Proposed Joint Pretrial Order due by 6/29/2018. Signed by Magistrate Judge George Foley, Jr on 12/22/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02302-JAD-GWF Document 9 Filed 12/20/17 Page 1 of 3

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MICHAEL P. LOWRY, ESQ.
Nevada Bar No. 10666
E-mail: [e-mail]
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101-6014
Tel: [phone]/Fax: [phone]
Attorneys for Cardenas Markets, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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OFELIA TRINIDAD TOSCANO, an
Individual,

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Plaintiff,

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Stipulation and Order to Extend Discovery
(First Request)

vs.

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Case No.: 2:17-cv-2302

CARDENAS MARKETS, INC., a foreign
corporation, DOES I through X, inclusive; and
ROE BUSINESS ENTITIES XI through XX,
inclusive,

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Defendants.

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The parties stipulate to extend discovery and request an amended scheduling order.
I.

LR 6-1 is satisfied.

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This is the parties’ first request for extension. The parties request this extension to

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provide additional time to gather medical records Ms. Trinidad-Toscano alleges are related to her

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fall. Medical record authorizations were provided to Cardenas, however medical providers have

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been slow to respond.

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II.

LR 26-4 is satisfied

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Initial expert disclosures are presently due December 28. However, the slow response of

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medical providers delays Cardenas’ ability to meaningfully prepare for Plaintiff’s deposition and

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expert witness disclosures. Although this stipulation is submitted within 21 days of the deadline

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it seeks to extend, the parties assert good cause supports the extension because this is a personal

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injury lawsuit. Ms. Trinidad-Toscano’s medical records are vital both to her claim and

Case 2:17-cv-02302-JAD-GWF Document 9 Filed 12/20/17 Page 2 of 3

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Cardenas’ potential defenses. The parties cannot make informed decisions about the necessity of

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medical experts or the potential scope of damages without the records. Meaningful settlement

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discussions also cannot occur without this information. It is for these reasons good cause to

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extend discovery exists.

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Both parties have served initial Rule 26(a) disclosures and responded to written

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discovery. Discovery remaining to be completed includes additional written discovery,

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depositions of parties and witnesses, expert disclosures and more.

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III.

Current and proposed schedule for completing discovery.

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Motions to add parties and
amend pleadings
Initial expert disclosures
and interim status report
Rebuttal expert disclosures
Close of Discovery
Dispositive motions
Pre-Trial Order

Current Schedule
November 28, 2017

Proposed Schedule
Closed

December 28, 2017

February 28, 2018

January 26, 2018
February 26, 2018
March 28, 2018
April 27, 2018

March 30, 2018
April 27, 2018
May 29, 2018
June 29, 2018

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DATED this 20th day of December, 2017.

DATED this 20th day of December, 2017.

WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP

CHRISTIANSEN LAW OFFICES

/s/ Michael P. Lowry
MICHAEL P. LOWRY, ESQ
Nevada Bar No. 10666
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101-6014
Tel: [phone]/Fax: [phone]
Attorneys for Cardenas Markets, Inc.

/s/ Keely A. Perdue
KEELY A. PERDUE, ESQ.
Nevada Bar No. 13931
810 South Casino Center Blvd., Suite 104
Las Vegas, Nevada 89101
Tel: [phone]/Fax: [phone]
Attorneys for Plaintiff

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IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
DATED: December 22, 2017

Case 2:17-cv-02302-JAD-GWF Document 9 Filed 12/20/17 Page 3 of 3

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CERTIFICATE OF SERVICE

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Pursuant to FRCP 5, I certify that I am an employee of Wilson Elser Moskowitz

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Edelman & Dicker LLP, and that on December 20, 2017, I served the Stipulation and Order

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to Extend Discovery (First Request) via electronic means by operation of the Court’s

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electronic filing system, upon each party in this case who is registered as an electronic case

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filing user with the Clerk.

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BY: /s/ Michael P. Lowry
An Employee of WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP