Hinostroza v. Denny's Inc.

Filing 10

ORDER Granting 9 Stipulation re Discovery Deadlines. Discovery due by 6/1/2018. Motions due by 7/2/2018. Proposed Joint Pretrial Order due by 8/1/2018. Signed by Magistrate Judge Nancy J. Koppe on 12/28/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02561-RFB-NJK Document 9 Filed 12/27/17 Page 1 of 3

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RILEY A. CLAYTON
Nevada Bar No. 005260
SIRIA L. GUTIÉRREZ
Nevada Bar No. 011981
[e-mail]
[e-mail]

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HALL JAFFE & CLAYTON, LLP

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7425 PEAK DRIVE
LAS VEGAS, NEVADA 89128
[phone]
FAX [phone]

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Attorneys for Defendant
Denny’s, Inc.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MONICA HINOSTROZA,
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Plaintiff,

CASE NO.: 2:17-cv-02561-RFB-NJK

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vs.
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DENNY'S, INC., d/b/a DENNY'S
RESTAURANT, a Foreign corporation, DOES 1
through 20; ROE BUSINESS ENTITIES 1
through 20, inclusive jointly and severally,

STIPULATION AND ORDER TO EXTEND
CURRENT DISCOVERY DEADLINES I
COMPLIANCE WITH LOCAL RULE 26-4
FIRST REQUEST

Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff Monica Hinostroza and Defendant

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Denny's, Inc., d/b/a Denny's Restaurant, by and through their respective counsel of record, and

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hereby stipulate to extend all current deadlines by 60-days. Pursuant to Local Rule 6-1(b), the

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parties state that this is their first request for extension of discovery deadlines.

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REASONS FOR NECESSITY OF STIPULATION

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The parties stipulate that because this matter involves extensive medical treatment incurred

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by Plaintiff Monica Hinostroza in Boston, Massachusetts, between the time of the alleged incident

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on February 22, 2016, and the filing of this lawsuit, the parties need additional time to evaluate,

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retain, and receive expert reports from their respective experts. The parties have been diligently

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working together to attempt to complete discovery within the time period; however, Plaintiff being
No.: 2:17-cv-02561-RFB-NJK
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES

Case 2:17-cv-02561-RFB-NJK Document 9 Filed 12/27/17 Page 2 of 3

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out-of-state has caused unforeseen delays. Additionally, Denny’s first notice of the claim was the

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lawsuit itself and it continues to investigate this claim, including the possibility that the alleged fall

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occurred on a different premises or may necessitate the inclusion of other parties.

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As a result of the delays in obtaining records from across the U.S. and questions about the

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location of the fall, the parties agree to extend all current deadlines by 60-days in compliance with

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Local Rule 26-1(e) and Local Rule 26-4. The parties have good cause for seeking this extension of

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the deadlines. This request for extension is made by the parties and is made in good faith and not for

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the purpose of delay, but to allow all parties sufficient time to conduct necessary discovery.
DISCOVERY COMPLETED

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Denny’s Inc. exchanged FRCP 26(a) disclosures on November 9, 2017.

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Plaintiff exchanged FRCP 26(a) disclosures on November 15, 2017.

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Denny’s Inc. propounded its first set of written discovery on Plaintiff November 9, 2017.

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Plaintiff propounded written discovery on Denny’s Inc. on December 6, 2017.

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Denny’s Inc. and Plaintiff have been diligently requesting Plaintiff’s medical records.
DISCOVERY PENDING

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Denny’s Inc. anticipates taking the deposition of Plaintiff, Jose Hinostroza, and Plaintiff’s
treating physicians in Boston Massachusetts;

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Plaintiff anticipates taking an FRCP 30(b)(6) deposition(s) of Denny’s Inc.;

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Plaintiff anticipates taking the depositions of Denny’s Inc.’s Expert Witness(es); and

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Denny’s Inc. anticipates taking the depositions of Plaintiff’s Expert Witness(es).

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[PROPOSED] NEW DISCOVERY DEADLINES

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Last day to Amend and Add new Parties………………………..

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Expert Disclosure Deadline ……………………………………… April 2, 2018

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Joint Interim Status Report Deadline ….………………………..

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March 2, 2018

April 2, 2018

Rebuttal Expert Disclosure Deadline …..………………………. May 2, 2018
Pursuant to LR 26-4, any request to extend a discovery deadline must be filed at least 21
Extension or Modification of the DP-SO ...……………………... May 11, 2018
days prior to the expiration of the subject deadline.
Discovery Cut-Off Date ………………………………………… June 1, 2018
Dispositive Motion Deadline …………………………………….. July 2, 2018
No.: 2:17-cv-02561-RFB-NJK
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES

Case 2:17-cv-02561-RFB-NJK Document 9 Filed 12/27/17 Page 3 of 3

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Proposed Joint Pre-Trial Order ………………………………... August 1, 2018

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If this extension is granted, all anticipated additional discovery should be concluded within the

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stipulated extended deadline.

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DATED this __27__ day of December, 2017.

DATED this __27__ day of December, 2017.

HALL, JAFFE & CLAYTON

RICHARD HARRIS LAW FIRM

/s/ Siria L. Gutierrez
Riley A. Clayton, Esq.
Nevada Bar No. 5260
Siria L. Gutiérrez, Esq.
Nevada Bar No. 11981
7425 Peak Drive
Las Vegas, Nevada 89128

/s/ Michaela E. Tramel
Michaela E. Tramel, Esq.
Nevada Bar No. 9466
801 South Fourth Street
Las Vegas, NV 89101

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Attorneys for Defendant
Denny’s, Inc.

Attorneys for Plaintiff
Monica Hinostroza

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ORDER

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IT IS SO ORDERED.

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December day of __________, 2018.
Dated this _______28, 2017
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UNITED STATES MAGISTRATE JUDGE

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No.: 2:17-cv-02561-RFB-NJK
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES