Bundy v. Las Vegas Valley Water District

Filing 29

ORDER Granting 28 First Stipulation to Extend Deadline to File Motions for Summary Judgment Only. Motions due by 12/17/2018. Signed by Judge Richard F. Boulware, II on 11/20/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Sheri M. Thome, Esq.
Nevada Bar No. 008657
I-Che Lai, Esq.
Nevada Bar No. 12247
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Las Vegas Valley Water District

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LINDA BUNDY;

Case No. 2:17-cv-02936-RFB-(PAL)

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Plaintiff,
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v.
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LAS VEGAS VALLEY WATER DISTRICT;
DOE INDIVIDUALS I through X, inclusive;
and ROE CORPORATIONS I through X,
inclusive,

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Defendant.

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STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE

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MOTIONS FOR SUMMARY JUDGMENT ONLY

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(First Request)

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Plaintiff Linda Bundy and Defendant Las Vegas Valley Water District (the “District”) hereby

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submit the following Stipulation to Extend Deadline to File Motions for Summary Judgment Only.

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This is the first request to extend the dispositive motion cut-off date, but the third request to extend a

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deadline in the scheduling order.

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The present and proposed deadlines are set forth in Section D below. The extension is

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necessary to accommodate the court reporter’s delay in preparation of deposition transcripts and the

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upcoming holidays.

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A.

DISCOVERY COMPLETED TO DATE

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The Rule 26(f) conference was held on March 26, 2018. Following the Rule 26(f)

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conference, the proposed Discovery Plan and Scheduling Order was filed on April 16, 2018 and

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approved by this Court that same day. After the court’s approval of the Discovery Plan and

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Scheduling Order, the parties exchanged initial disclosures.

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On April 17, 2018, the District propounded interrogatories and requests for production on

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Plaintiff. Plaintiff served her written responses to interrogatories on June 4, 2018 and written

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responses to requests for production on June 6, 2018. Based upon those responses, LVVWD served

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third-party discovery requests (through subpoenas and authorizations) to Plaintiff’s employers and

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medical providers and the IRS for Plaintiff’s employment, medical, and tax records. To date, the

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District has served ten supplements to its initial disclosures with these and other documents. The

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District disclosed two experts—Rich Wright and John Hagopian—on July 2, 2018.

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On August 28, 2018, Plaintiff propounded her first set of Interrogatories and Requests for
Production on the District, to which the District responded on September 28, 2018.

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To date, Plaintiff has deposed two of the District Rule 30(b)(6) witnesses, Mary Madden and

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Jerry Keating. The District has deposed Plaintiff.

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B.

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DISCOVERY THAT REMAINS TO BE COMPLETED
Discovery has closed. The purpose behind this stipulation is to extend the dispositive motion

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cut-off date by three weeks.

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C.

REASONS WHY DEADLINE WAS NOT SATISFIED/GOOD CAUSE FOR

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REQUEST

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The deadline for filing dispositive motions is November 28, 2018. Discovery closed on

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October 29, 2018. On November 13, 2018, less than 21 days before the dispositive motion deadline,

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the reporter who administered and recorded the deposition of Jerry Keating reported to the parties

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that she misplaced the deposition exhibits. The parties provided replacement exhibits on November

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14, 2018. The lost exhibits prevented the reporter from completing the transcript and providing the

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transcript to the parties for their use in support of dispositive motions. The parties are awaiting the

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finalization of the deposition transcripts and need additional time to assess and prepare dispositive

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motions. Additionally, with the upcoming holidays, the parties anticipate some difficulty marshalling

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evidence from various witnesses to support dispositive motions. As a result, the parties could not

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request the extension more than 21 days before the expiration of the dispositive motion deadline, and

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more time is requested to accommodate the filing of dispositive motions.

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D.

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PROPOSED DISCOVERY SCHEDULE
Pursuant to LR 26-4, the parties propose to extend the current deadlines and jointly submit

the following to the Court:

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1. Discovery Cut-Off Date: Discovery is closed. The parties do not seek an extension of

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this deadline.

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2. Deadline for Amending Pleadings or Adding Parties: The deadline for amending

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pleadings has passed. The parties do not seek an extension of that deadline.

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3. Rule 26(a)(2) Disclosures: Discovery is closed. The parties do not seek an extension of

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this deadline.

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4. Dispositive Motions. The current deadline for filing dispositive motions is November 26,

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2018. The parties propose to extend such deadline by three weeks, which will make the

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new deadline for filing dispositive motions December 17, 2018.

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5. Interim Status Report: The deadline to file the Interim Status Report was July 2, 2018.

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Since that date has now passed, the parties do not seek an extension of the deadline to file

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the Interim Status Report.

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6. Pre-Trial Order. The current deadline to file the Joint Pretrial Order is November 28,

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2018, unless otherwise suspended under LR 26-1(b)(5). The parties propose to extend

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this deadline by 21 days, which will make December 19, 2018 the new deadline to file

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the Joint Pretrial order. In the event dispositive motions are filed, the deadline for filing

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the joint pre-trial order shall be suspended until 30 days after the decision on the

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dispositive motions or until further order of the court.

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//

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IT IS SO STIPULATED.

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Dated this 16th day of November, 2018.

Dated this 16th day of November, 2018.

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CALLISTER & ASSOCIATES

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

/s/ Matthew Q. Callister___
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Matthew Q. Callister
Nevada Bar No. 1396
Mitchell S. Bisson
Nevada Bar No. 11920
330 East Charleston Boulevard, Suite 100
Las Vegas, NV 89104
Telephone: [phone]
Attorneys for Plaintiff

_/s/ Sheri Thome_______________________
Sheri M. Thome
Nevada Bar No. 8657
I-Che Lai
Nevada Bar No. 12247
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
Telephone: [phone]
Attorneys for Defendant Las Vegas Valley Water
District

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IT IS SO ORDERED.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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November 20, 2018.
DATED: ______________________________

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