Ousdale v. Target Corporation

Filing 17

ORDER Granting 16 First Stipulation for Extension of Time 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 4/27/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02749-APG-NJK Document 16 Filed 04/26/18 Page 1 of 4

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Douglas M. Rowan
Nevada Bar No. 4736
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
[phone]; FAX [phone]
[e-mail]
Attorneys for defendant Target Corporation

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RYAN OUSDALE,

CASE NO.: 2:17-cv-02749-APG-NJK

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

vs.
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TARGET CORPORATION, a foreign corporation
DOES I through X; and ROE ENTITIES I through
X,

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Defendants.
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The above named parties, by and through their respective counsel of record, hereby submit
the following STIPULATION FOR EXTENSION OF DISCOVERY DEADLINES (First Request).

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A.

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This matter involves an alleged fall at one of defendant’s stores. On November 27, 2017, the

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parties held an initial Rule 26(f) Conference. Plaintiff served his initial disclosure of witnesses and

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documents on December 7, 2017. Defendant served its initial disclosure of witnesses and documents

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DISCOVERY COMPLETED TO DATE

on December 11, 2017.

On December 7, 2017, the Court entered a Stipulated Discovery

Plan/Scheduling Order.
Plaintiff has served five supplements to his initial disclosure of witnesses and documents.
Defendant propounded a First Set of Interrogatories and First Set of Requests for Production of
Documents upon plaintiff on January 18, 2018. Plaintiff served his responses to the Interrogatories

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and Requests for Production of Documents on March 14, 2018 pursuant to an extension granted by
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defendant. On March 6, 2018, plaintiff propounded a First Set of Interrogatories, a First and Second
Set of Requests for Production of Documents, and a First Set for Request for Admissions upon
defendant. Plaintiff has granted defendant an extension to respond to those written discovery
requests.
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On March 6, 2018, plaintiff noticed the depositions of five of defendant’s current employees

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and two of defendant’s former employees for April 17 and 18, 2018. Plaintiff also noticed the

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deposition of defendant’s 30(b)(6) representative for April 19, 2018. The parties conducted four of

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those depositions on April 17 and 18. The depositions of one of defendant’s current employees and

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defendant’s 30(b)(6) representative have tentatively been rescheduled for May 1, 2018. The parties

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are working to reschedule the other two depositions of defendant’s current employees.

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Defendant has requested plaintiff’s medical records and films directly from her medical
providers through records authorizations provided by plaintiff.

Defendant has also requested

plaintiff’s employment and tax records through records authorizations provided by plaintiff.
On March 20, 2018, plaintiff served his Initial Expert Disclosure, including a life care plan
regarding his need for future care. On March 30, 2018, the parties conducted an inspection of the
location of the reported fall.
B.

DISCOVERY THAT REMAINS TO BE COMPLETED

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Defendant is still obtaining plaintiff’s medical and employment records through
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authorizations provided by plaintiff. Defendant needs to conduct the deposition of plaintiff and his
treating healthcare providers once defendant has received plaintiff’s medical records directly from
the providers. Based upon plaintiff’s reported need for future medical treatment, the parties have
agreed that plaintiff will appear for a Rule 35 Examination.

Defendant needs to respond to

plaintiff’s written discovery requests.

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Plaintiff needs to conduct the depositions of three of defendant’s current employees and

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defendant’s 30(b)(6) representative. Plaintiff anticipates designating additional expert witnesses.

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Defendant anticipates designating expert witnesses.

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depositions of any designated expert witnesses.

The parties anticipate conducting the

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C.

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

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needs to obtain those records before conducting the depositions of plaintiff and his treating

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healthcare providers.

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defendant’s medical expert. Plaintiff recently produced a life-care plan indicating that he is still

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experiencing symptoms and anticipates receiving future treatment. Based upon that life-care plan,
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REASONS WHY DISCOVERY HAS NOT BEEN COMPLETED

Defendant also needs to obtain those records and films to provide to

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Case 2:17-cv-02749-APG-NJK Document 16 Filed 04/26/18 Page 3 of 4

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the parties have reached an agreement for Plaintiff to attend a Rule 35 Examination. Defendant’s

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medical expert cannot conduct that examination, complete a records review, and prepare an expert

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report prior to the current expert witness disclosure deadline.

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The parties did not request this extension more than 21 days before the current discovery

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deadline as the parties were negotiating the terms and conditions for the Rule 35 Examination to try

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to avoid a motion to compel a Rule 35 Examination. The parties eventually reached an agreement

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regarding that examination but were not able to reach that agreement to allow for a timely

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examination. The parties were not aware that a timely examination could not be conducted until less
than 21 days before the current deadline to disclose expert witnesses.
Accordingly, the parties request a forty-five day extension of the current discovery deadlines.

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...
...

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Case 2:17-cv-02749-APG-NJK Document 16 Filed 04/26/18 Page 4 of 4

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D.

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PROPOSED DISCOVERY SCHEDULE
Close of Discovery:
Dispositive Motions:
Joint Pre-Trial Order:
Last day to amend pleadings:
Initial Expert Disclosures:
Rebuttal Expert Disclosures:
Interim Status Report

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August 13, 2018
September 12, 2018
October 12, 2018
Closed
June 14, 2018
July 13, 2018
June 14, 2018

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DATED this 26th day of April, 2018

DATED this 26th day of April, 2018

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

TANNER LAW FIRM

BY: /s/Douglas M. Rowan
Douglas M. Rowan
Nevada Bar No. 004736
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
Attorney for defendant Target Corporation

BY: /s/David A. Tanner
David A. Tanner.
Nevada Bar No. 008282
1320 E. Pebble Rd., Suite 115
Las Vegas, Nevada 89123
Attorney for plaintiff Ryan Ousdale

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IT IS SO ORDERED.

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Dated April 27
this ______ day of ____________, 2018

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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