Heath v. Tristar Products, Inc.

Filing 116

ORDER granting 115 Motion to Continue; Trial date and deadlines VACATED. Proposed Joint Pretrial Order due by 7/3/2020. Signed by Judge Gloria M. Navarro on 4/6/2020. (Copies have been distributed pursuant to the NEF - DRS)

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LAW OFFICES

L.L.P.

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3883 HOWARD HUGHES PARKWAY
SUITE 1100
LAS VEGAS, NEVADA 89169

SNELL & WILMER

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Vaughn A. Crawford, Esq.
Nevada Bar No. 7665
Dawn L. Davis, Esq.
Nevada Bar No. 13329
SNELL & WILMER LLP.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: 702.784.5252
Email: vcrawford@ swlaw.com
[e-mail]
Attorneys for Defendant
Tristar Product, Inc.
Michael J. Lopes Esq.
Admitted Pro Hac Vice
Gordon & Rees LLP
1 Battery Park Plaza 28th Floor
New York, New York 10004
Telephone: [phone]
Facsimile: 212-269-5505
Email: [e-mail]
Co-counsel for Defendant
Tristar Product, Inc.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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TAWNDRA L. HEATH, an individual,
Plaintiff,

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vs.

JOINT MOTION TO CONTINUE THE
MAY 18, 2020 TRIAL DATE

TRISTAR PRODUCTS, INC., a Pennsylvania
corporation; Zhongshan Jinguang Household
Appliance Manufacture Co., LTD., a foreign
corporation; DOE Individuals 1–10; and ROE
Corporations 11–20;

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Case Number
2:17-cv-02869-GMN-BNW

Defendant.

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TO THE HONORABLE COURT:

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Plaintiff, Tawndra L. Heath, by and through her counsel, Joseph J. Troiano of Cogburn Law

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Offices, and Defendants Tristar Products Inc. and Zhongshan Jinguang Household Appliance

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Manufacture Co., LTD by and through their counsel Dawn Davis of Snell & Wilmer and Michael

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Lopes, Esq. of Gordon Rees Scully Mansukhani LLP (collectively “parties”) hereby move jointly

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to continue to the May 18, 2020 trial of this action.

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This motion is made pursuant to Local Rule IA 6-1, and is based on the grounds that good

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cause exists for the court to consent to continue the trial date based on the COVID-19 epidemic.

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This is the first request for a trial continuance.

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3883 HOWARD HUGHES PARKWAY
SUITE 1100
LAS VEGAS, NEVADA 89169

SNELL & WILMER

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Dated: April 2, 2020

GORDON REES SCULLY MANSUKHANI
LLP

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By: /s/ Michael J. Lopes
Michael J. Lopes
Attorneys for Defendants

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SNELL & WILMER L.L.P

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By: /s/ Dawn L. Davis
Dawn L. Davis
Attorneys for Defendants

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COGBURN LAW OFFICES

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By: /s/ Joseph Troiano
Joseph Troiano
Attorneys for Plaintiff

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

STATEMENT OF FACTS

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a.

Procedural History of this Case.

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Plaintiff sued Defendants in order to recover for burn injuries sustained arising out of a

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December 29, 2016 incident allegedly caused by a defective pressure cooker manufactured by

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Defendants. On or about October 12, 2017, Plaintiff Tawndra L. Heath commenced an action

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against Tristar Products, Inc. in the Eighth Judicial District Court for Clark County, Nevada. On

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or about November 15, 2017, the case was removed to the United States District Court – District

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3883 HOWARD HUGHES PARKWAY
SUITE 1100
LAS VEGAS, NEVADA 89169

SNELL & WILMER

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of Nevada.
On December 18, 2019, the Court entered the parties’ Joint Pretrial Order (ECF 110). The
Joint Pretrial Order set forth the following dates for trial:


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Trial briefs, exhibit and witness lists, proposed voir dire, and proposed jury
instructions due no later than 5/7/2020;

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

Calendar Call set for 5/12/2020;

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

Jury Trial set for 5/18/2020.

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b.

Events Since the Trial Date was Scheduled.

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On March 11, 2020, the World Health Organization (“WHO”) publicly characterized the

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Coronavirus (COVID-19) as a pandemic. See World Health Organization, WHO Director-

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General's opening remarks at the media briefing on COVID-19 - 11 March 2020,

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https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-media-

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briefing-on-covid-19---11-march-2020 (accessed April 2, 2020).

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On March 11, 2020, after “the number of cases of COVID-19 outside China . . . increased

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13-fold, and the number of affected countries . . . tripled,” the World Health Organization formally

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declared COVID-19 a global pandemic. See id.

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On March 12, 2020, Governor Steve Sisolak issued a Declaration of Emergency for the

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State of Nevada. See Response in NV, https://nvhealthresponse.nv.gov/preparation-in-nv/

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(accessed April 2, 2020).
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On March 13, 2020, President of the United States Donald Trump declared a nationwide

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emergency.

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http://gov.nv.gov/News/Emergency_Orders/2020/2020-03-18_-_COVID-

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19_Declaration_of_Emergency_Directive_002/ (accessed April 2, 2020).

See

COVID-19

Declaration

of

Emergency

Directive

002,

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The White House issued Coronavirus guidance on March 16, 2020, called “The President’s

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Coronavirus Guidelines for America – 15 Days to Stop the Spread,” which instructed people that

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“IF YOU ARE AN OLDER PERSON, stay home and away from other people.” (emphasis in

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original). The President’s Coronavirus Guidelines for America, https://www.whitehouse.gov/wp-

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content/uploads/2020/03/03.16.20_coronavirus-guidance_8.5x11_315PM.pdf (accessed April 2,

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2020).

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3883 HOWARD HUGHES PARKWAY
SUITE 1100
LAS VEGAS, NEVADA 89169

SNELL & WILMER

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Even for those under 60 years of old, the White House guidance provides instruction to

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avoid spreading the coronavirus. “Even if you are young, or otherwise healthy, you are at risk and

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your activities can increase the risk for others. It is critical that you do your part to slow the spread

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of the coronavirus.” That guidance includes the following instructions: “Work or engage in

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schooling FROM HOME whenever possible.”

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shopping trips, and social visits.” “AVOID SOCIAL GATHERINGS in groups of more than 10

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people.” (emphasis in original). Id.

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“AVOID DISCRETIONARY TRAVEL,

On March 20, 2020, Governor Sisolak directed non-essential businesses to close until at

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least

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https://nvhealthresponse.nv.gov/wp-content/uploads/2020/03/2020-03-20.Declaration-of-

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Emergency-Directive-003-2.pdf (accessed April 2, 2020).

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April

16,

2020.

See

COVID-19

Declaration

of

Emergency

Directive

003,

The virus has also impacted lawyers, caused delayed trials and court closures. Law360,

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Coronavirus:

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https://www.law360.com/articles/1252836/coronavirus-the-latest-court-closures-and-restrictions

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(accessed April 2, 2020).

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The

Latest

Court

Closures

And

Restrictions,

The United States Surgeon General said to “[a]ct like you have the virus,” adding that 15

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days of avoiding people would not be enough to stop the spread.

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https://www.msn.com/en-gb/health/medical/act-like-you-have-the-virus-e2-80-99-us-surgeon-4-

The Independent,

Case 2:17-cv-02869-GMN-BNW Document 115 Filed 04/02/20 Page 5 of 8

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general-says-15-day-lockdown-won-e2-80-99t-be-enough-as-coronavirus-cases-rise/ar-

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BB11nlew (accessed April 2, 2020).

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The CDC advises people not to travel within Unites States for non-essential travel if there

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is spread of COVID-19 where the travel is occurring, on its webpage specifically targeting people

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traveling within the United States. See Center for Disease Control, Coronavirus and Travel in the

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United

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(accessed April 2, 2020).

States

https://www.cdc.gov/coronavirus/2019-ncov/travelers/travel-in-the-us.html

L.L.P.

York Times, March 19, 2020, https://www.nytimes.com/interactive/2020/us/coronavirus-us-

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specifically those states and counties the Parties’ and their witnesses intend on traveling from. New

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3883 HOWARD HUGHES PARKWAY
SUITE 1100
LAS VEGAS, NEVADA 89169

Upon information and belief, there is a spread of COVID-19 in every state, including

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SNELL & WILMER

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cases.html, “Coronavirus Map: U.S. Cases Surpass 10,000,” Updated March 19, 2020, 11:28 A.M.

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E.T.

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II.

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LEGAL ANALYSIS
a.

Legal Standard for Continuing a Trial Date

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Pursuant to local rules 6-1 and 26-4, a trial court may grant a motion to continue a trial date

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if good cause exists. Courts interpret good case as a “non-rigorous standard that has been construed

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broadly across procedural and statutory contexts.” Alexander v. Wal-Mart Stores, Inc., No. 2:11-

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CV-752 JCM, 2012 U.S. Dist. LEXIS 129615, *2 (D. Nev. September 12, 2012), citing Ahanchian

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v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010).

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b.

Good Cause Exists in This Case to Continue the Trial Date

The parties agree that good cause exists to continue the trial date due to the COVID-19
epidemic.

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The unprecedented COVID-19 virus has rapidly spread across the globe and has resulted

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in positive tests and outbreaks in every state in the United States. At this time, the Parties anticipate

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the COVID-19 pandemic will have impact on their ability to conduct the trial of this action. This

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includes evolving and unanticipated restrictions of groups (recently limiting groups of 10 people),

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travel restrictions, staffing issues, and issues with third party vendors. These delays are both

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unanticipated and unavoidable due to the virus.
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Co-Counsel for Defendants is located in New York City which is one of the epicenters

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of the COVID-19 outbreak in the United States. Plaintiff’s engineering expert is based in Southern

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California. Defendant’s engineering expert is based in Chicago, Illinois. Plaintiff’s warnings

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expert is based in Spokane, Washington. Tristar has witnesses based in Florida. Tristar’s assistant

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general counsel is based in Maryland. All of these areas continue to be impacted by the COVID-

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19 pandemic.

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At least one of the witnesses in this case is over 60 years old and at higher risk of
complications and death from COVID-19 because of their age.

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groups of people, the Parties agree that good cause exists to continue the May 18, 2020 trial date to

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3883 HOWARD HUGHES PARKWAY
SUITE 1100
LAS VEGAS, NEVADA 89169

Given the uncertainty caused by this epidemic for travel restrictions and gatherings of

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SNELL & WILMER

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another date which will be submitted by the parties through a supplemental Joint Pretrial Order

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with leave of the Court.

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III.

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For the foregoing reasons, good cause exists and the parties jointly respectfully request that

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this Court allow the parties to submit a supplemental Joint Pretrial Order with three new proposed

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trial dates and continue the trial date.

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CONCLUSION

Dated: April 2, 2020

GORDON REES SCULLY MANSUKHANI
LLP
By: /s/ Michael J. Lopes
Michael J. Lopes Esq.
Admitted Pro Hac Vice
Gordon & Rees LLP
1 Battery Park Plaza 28th Floor
New York, New York 10004
Email: [e-mail]
Co-counsel for Defendants

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Dated: April 2, 2020

SNELL & WILMER L.L.P

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By: /s/ Dawn L. Davis
Dawn Davis, Esq.
Nevada Bar No. 12505
SNELL & WILMER LLP.
3883 Howard Hughes Parkway, Ste 1100
Las Vegas, Nevada 89169
Email: [e-mail]
Attorneys for Defendants

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Dated: April 2, 2020

COGBURN LAW OFFICES

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By: /s/ Joseph J. Troiano
Joseph J. Troiano
Nevada Bar. No. 12505
2580 St. Rose Parkway, Suite 330
Henderson, Nevada 89074
Email: [e-mail]
Attorneys for Plaintiff

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3883 HOWARD HUGHES PARKWAY
SUITE 1100
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SNELL & WILMER

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ORDER
IT IS HEREBY ORDERED that the above Joint Motion to Continue Trial, (ECF No.

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115), is GRANTED. Accordingly, the jury trial currently set for May 18, 2020, and the calendar

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call currently set for May 12, 2020, are VACATED.

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IT IS FURTHER ORDERED that the parties shall file a supplemental proposed joint
pretrial order by July 3, 2020.
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DATED this ____ day of April, 2020.

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_________________________________
Gloria M. Navarro, District Judge
United States District Court

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Case 2:17-cv-02869-GMN-BNW Document 115 Filed 04/02/20 Page 8 of 8

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CERTIFICATE OF SERVICE

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I hereby certify that on April 2, 2020 I electronically transmitted the foregoing document

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to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic

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Filing to all counsel in this matter; all counsel being registered to receive Electronic Filing.

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/s/ Lyndsey Luxford
An employee of Snell & Wilmer L.L.P.
4825-0547-5769

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