Olavarre v. Smith's Food & Drug Centers, Inc.

Filing 21

ORDER Granting 20 Second Stipulation to Extend Discovery Schedule. Discovery due by 7/30/2018. Motions due by 8/29/2018. Proposed Joint Pretrial Order due by 9/27/2018. Signed by Magistrate Judge Carl W. Hoffman on 3/30/2018. (Copies have been distributed pursuant to the NEF - SLD)

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JERRY S. BUSBY
Nevada Bar #001107
COOPER LEVENSON, P.A.
1835 Village Center Circle
Las Vegas, Nevada 89134
[phone]
FAX: [phone]
[e-mail]
Attorneys for Defendant
SMITH’S FOOD & DRUG CENTERS, INC.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MARIANA OLAVARRE,

CASE NO. 2:17-cv-02455-APG-CWH

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Plaintiff,
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v.
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SMITH’S FOOD & DRUG CENTERS, INC.;
DOES I-X, inclusive, and ROE
CORPORATIONS I-X, inclusive,

STIPULATION TO EXTEND
DISCOVERY SCHEDULE
(SECOND REQUEST)

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Defendants.
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WHEREAS, the parties have diligently conducted discovery, but an extension of 45-days is
required to complete all of the outstanding discovery needed to have the case ready for trial

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IT IS HEREBY STIPULATED AND AGREED by and between ALEX DE

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CASTROVERDE, ESQ. of DE CASTROVERDE LAW GROUP, Attorneys for Plaintiff

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MARIANA OLAVARRE, and JERRY S. BUSBY, ESQ. of the law firm COOPER LEVENSON,

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P.A., Attorneys for Defendant SMITH’S FOOD & DRUG CENTERS, INC. that all discovery

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deadlines in this matter be continued for a period of 45 days to allow Defendant to take the

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depositions of Maria Horta and Mariana Ramirez, Plaintiff to take a Rule 30(b)(6) deposition, and

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for the parties to disclose expert witnesses.

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A. STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN COMPLETED.

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1. The parties participated in the Fed. R. Civ. P. 26(f) conference;

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2. Both parties have made their disclosures pursuant to Fed. R. Civ. P. 26.1(a)(1).

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3. Both parties have served and responded to written discovery including interrogatories,

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requests for admissions, and requests for production of documents.

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4. Plaintiff and Defendant have collected all of Plaintiff’s medical records.

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5. Defendant has deposed Plaintiff.

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6. Plaintiff has deposed the following SMITH’S employee witnesses: David Hahn, Thomas

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Watanaba and Dorothy Goettelmann. Plaintiff is in the process of noticing a Rule

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30(b)(6) deposition.
7. Plaintiff has conducted co-efficient of friction testing at the SMITH’S store where the

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subject incident occurred.

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B. SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE

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COMPLETED

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Defendant has noticed the deposition of Maria Horta (a percipient witness who recently was

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located by a private investigator hired by defense counsel) as well as Plaintiff’s daughter and

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eye-witness, Marianna Olavarre.

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Plaintiff is awaiting dates from Defendant regarding the deposition of Defendant’s FRCP

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30(b)(6) witness. When said dates are received, Plaintiff will be re-noticing the deposition

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and deposing said witness. Plaintiff has also retained a liability expert. Depending on the

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opinions of the liability expert, Defendant may retain a rebuttal expert. need to depose some

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of Plaintiff’s treating physicians.

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necessary.

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C.

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WITHIN

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SCHEDULING

The parties will need time to depose each expert, if

REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED
THE

DEADLINES CONTAINED

IN

THE

AMENDED

DISCOVERY

ORDER

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Maria Horta, who was a private security guard assigned to work at SMITH’S on the day of

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the incident, was the first individual to respond the scene of the incident. As such, her testimony is

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extremely valuable to the issues in this case. However, before these proceedings commenced, Ms.

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Horta ended her employment with the security company she worked for, and nothing about her was

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known except that her name was “Selena.” As it turns out, “Selena” is her middle name and the

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name she goes by. However, the former security company could not find or locate her with the name
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Selena, so they had to look at their payroll records for all security guards assigned to the SMITH’S

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store where the incident occurred. Once she was identified by the security company, defense counsel

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retained a Private Investigator who located an address for her; however, the address proved to be an

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old address. The private investigator finally located Ms. Horta last week.

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D. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY
As a result of the above, it is requested that the discovery deadlines be continued 45 days

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from their present deadlines.
1. Discovery Cut-Off Date: The parties jointly propose that the discovery cut-off date

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will be extended 45 days from its present deadline of June 15, 2018 to Monday, July 30, 2018.
2. Amending the Pleadings and Adding Parties: The parties are not requesting an

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extension of this deadline.

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3. Fed.R.Civ.P. 2(a)(2) Disclosures (Experts): The parties jointly propose that the

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Initial Expert Disclosure deadline be extended 45 days from its present deadline of April 16, 2018 to

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Thursday, May 31, 2018. The Rebuttal Expert Disclosure Deadline be extended 45 days from its

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present deadline of May 16, 2018 to Friday, June 29, 2018.

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4. Interim Status Report: Plaintiff filed a Joint Interim Status Report on October 25,

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2017 outlining the need for additional discovery and the parties do not intend to file a subsequent

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report.

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5. Dispositive Motions: In the event that the discovery period is extended from the

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discovery cut-off date set forth in the proposed Discovery Plan and Scheduling Order, the date for

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filing dispositive motions shall be extended to August 29, 2018, thirty-one (31) days after the close

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of discovery. (The 30 day date is a non-judicial day)

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6. Pretrial Order: The date for filing the joint pretrial order shall not be later than

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September 27, 2018, 29 days after the cut-off date for filing dispositive motions. In the event that

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dispositive motions are filed, the date for filing the joint pretrial order shall be suspended until 30

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days after decision on the dispositive motions or until further order of the court. In the further event

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that the discovery period is extended from the discovery cut-off date set forth in the Discovery Plan

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and Scheduling Order, the date for filing the joint pretrial order shall be extended in accordance with
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the time periods set forth in this paragraph.
7. Fed.R.Civ.P. 26(a)(3) Disclosures: The disclosures required by Fed.R.Civ.P.

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26(a)(3), and any objections thereto, shall be included in the joint pretrial order.

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8. Alternative Dispute Resolution: Counsel for the parties certify that they met and

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conferred about the possibility of using alternative dispute resolution including mediation,

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arbitration, and/or an early neutral evaluation. The parties have not scheduled any such ADR forum

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at this point, but agree to reconsider following the disclosure of expert witness reports and after the

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close of discovery.

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9. Alternative Forms of Case Disposition: The parties certify that they discussed

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consenting to trial by a magistrate judge or engaging in the Short Trial Program under Fed. R. Civ.

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P. 73 and at present do not consent to either alternative form of case disposition.

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10. Electronic Evidence: The parties certify that they have discussed and intend to use

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electronic evidence at the trial of this matter and will ensure that said evidence is in an electronic

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format compatible with the Court’s electronic jury evidence display system. At present, the parties

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have not agreed upon any stipulations regarding the use of electronic evidence but will address this

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issue again in the Pre Trial Order.

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Respectfully submitted this 29th day of March, 2018.
DE CASTOVERDE LAW GROUP

COOPER LEVENSON, P.A.

/s/ David Menocal
DAVID MENOCAL, ESQ.
Nevada Bar No. 0013191
1149 South Maryland Parkway
Las Vegas, Nevada 89104
[phone]
Attorneys for Plaintiff
MARIANA OLAVARRE

/s/ Jerry S. Busby, Esq.
JERRY S. BUSBY, ESQ.
Nevada Bar No. 001107
1835 Village Center Circle
Las Vegas, Nevada 89134
[phone]
Attorneys for Defendant
SMITH’S FOOD & DRUG CENTERS, INC.

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IT IS SO ORDERED:

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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March 30, 2018
DATED: ___________________________

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