Torres v. Bodega Latina Corporation

Filing 53

ORDER Granting 52 Stipulation for Extension of Time re 30 Order (Sixth Request). Proposed Joint Pretrial Order due by 5/15/2020. Signed by Magistrate Judge Cam Ferenbach on 4/15/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:18-cv-00010-JCM-VCF Document 53 Filed 04/17/20 Page 1 of 7

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MICHAEL C. MILLS, ESQ.
Nevada Bar No. 003534
BAUMAN LOEWE WITT & MAXWELL
3650 N. Rancho Dr., Ste. 114
Las Vegas, NV 89130
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant,
Bodega Latina Corporation, dba EI Super

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ISABEL TORRES, individually

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Case No.: 2:18-cv-00010-JCM-VCF

Plaintiff,

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vs.

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BODEGA LATINA CORPORATION, d/b/a
EL SUPER, a Foreign Corporation, DOES
1-20 and ROE BUSINESS ENTITIES 120, inclusive,

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Defendants.
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STIPULATION AND ORDER TO MODIFY THE DISCOVERY PLAN AND
SCHEDULING ORDER TO EXTEND THE REMAINING
DISCOVERY PLAN DEADLINES
(SIXTH REQUEST)

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Plaintiff Isabel Torres and Defendant Bodega Latina Corporation, by and through

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their respective counsel, and pursuant to Local Rule 26-4, stipulate to modify their

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discovery plan as follows:

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1.

Plaintiff filed her Complaint on October 18, 2017 in the Eighth Judicial

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District Court, Case No. A-17-763267-C. Defendant filed their Answer and Jury

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Demand on November 9,2017. This case was removed to the United States District

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Court on January 3, 2018.

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2.

The parties held their F.R.C.P. 26 conference on January 10,2018 and

filed their Stipulated Discovery Plan and Scheduling Order on January 16, 2018. In this
STIPULATION AND ORDER
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Case 2:18-cv-00010-JCM-VCF Document 53 Filed 04/17/20 Page 2 of 7

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original plan, the parties agreed to the following dates:

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Last Day to Amend Pleadings:

04/18/2018

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Expert Disclosure Deadline:

05/18/2018

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Interim Status Report Deadline:

05/18/2018

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Rebuttal Expert Disclosure:

06/18/2018

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Discovery Cut-Off:

07/17/2018

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Dispositive Motions Deadline:

08/17/2018

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Pre-Trial Order:

09/17/2018

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The initial discovery plan was signed by United States Magistrate Cam

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Ferenbach, January 17,2018.

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3.

The Parties filed a Stipulation and Order to Extend Discovery Deadlines

[First Request] on April 19, 2018. In this plan, the parties agreed to the following dates:

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Last Day to Amend Pleadings:

07/17/2018

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Expert Disclosure Deadline:

08/16/2018

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Interim Status Report Deadline:

08/18/2018

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Rebuttal Expert Disclosure:

09/17/2018

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Last Day to Amend DPSO:

09/28/2018

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Discovery Cut-Off:

10/16/2018

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Dispositive Motions Deadline:

11/15/2018

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Pre-Trial Order:

10/15/2018

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The Stipulation and Order to Extend Discovery and Deadlines [First Request

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was signed by United States Magistrate Judge Cam Ferenbach, April 20,2018.

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4.

The Parties filed a Stipulation and Order to Extend Discovery Deadlines

[Second] on July 26, 2018. In this plan, the parties agreed to the following dates:

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Last Day to Amend Pleadings:

07/17/2018 expired

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Expert Disclosure Deadline:

11/14/2018

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Interim Status Report Deadline:

11/14/2018

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Rebuttal Expert Disclosure:

12/17/2018

STIPULATION AND ORDER
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Last Day to Amend DPSO:

12/27/2018

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Discovery Cut-Off:

01/14/2019

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Dispositive Motions Deadline:

02/13/2019

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Pre-Trial Order:

03/18/2019

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The Stipulation and Order to Extend Discovery and Deadlines [Second Request

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was signed by United States Magistrate Judge Cam Ferenbach, July 26, 2018.

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5.

The Parties filed a Stipulation and Order to Extend Discovery Deadlines

[Third] on November 7, 2018. In this plan, the parties agreed to the following dates:

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Last Day to Amend Pleadings:

11/14/2018 (reopened)

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Expert Disclosure Deadline:

12/14/2018

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Interim Status Report Deadline:

12/14/2018

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Rebuttal Expert Disclosure:

01/16/2019

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Last Day to Amend DPSO:

01/28/2019

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Discovery Cut-Off:

02/13/2019

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Dispositive Motions Deadline:

03/15/2019

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Pre-Trial Order:

04/17/2019

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The Stipulation and Order to Extend Discovery and Deadlines [Third Request

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was signed by United States Magistrate Judge Cam Ferenbach, November 8, 2018.

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6.

The Parties filed a Stipulation and Order to Extend Discovery Deadlines

[Fourth] on January 7,2019. In this plan, the parties agreed to the following dates:

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Last Day to Amend Pleadings:

11/14/,Q.Q-1.g (closed)

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Expert Disclosure Deadline:

12/14/,Q.Q-1.g (closed)

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Interim Status Report Deadline:

12/14/2018 (submitted 12/12/18)

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Rebuttal Expert Disclosure:

02/15/2019

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Last Day to Amend DPSO:

02/27/2019

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Discovery Cut-Off:

03/15/2019

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Dispositive Motions Deadline:

04/15/2019

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Pre-Trial Order:

05/17/2019
STIPULATION AND ORDER
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Case 2:18-cv-00010-JCM-VCF Document 53 Filed 04/17/20 Page 4 of 7

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The Stipulation and Order to Extend Discovery and Deadlines [Fourth Request
was signed by United States Magistrate Judge Cam Ferenbach, January 7,2019.

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7.

The Parties filed a Stipulation and Order to Extend Discovery Deadlines

[Fifth] on February 22,2019. In this plan, the parties agreed to the following dates:

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Last Day to Amend Pleadings:

11/14/.QQ4g (closed)

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Expert Disclosure Deadline:

12/14/.QQ4g (closed)

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Interim Status Report Deadline:

12/14/2018 (submitted 12/12/18)

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Rebuttal Expert Disclosure:

02/15/2019

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Last Day to Amend DPSO:

03/29/2019

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Discovery Cut-Off:

04/15/2019

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Dispositive Motions Deadline:

05/15/2019

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Pre-Trial Order:

06/17/2019

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The Stipulation and Order to Extend Discovery and Deadlines [Fifith Request

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was signed by United States Magistrate Judge Cam Ferenbach, February 22,2019.

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8.

In compliance with Local Rule 26-4, the parties provide the following

information regarding the discovery status:

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(a)

Discovery Completed pursuant to Fed. R. Civ. P. 26(a):

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Defendants:

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Initial Disclosure

01/10/2018

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Interrogatories to Plaintiff

01/15/2018

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Request for Production to Plaintiff

01/15/2018

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First Supplemental Disclosure

02/28/2018

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Second Supplemental Disclosure

04/05/2018

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Third Supplemental Disclosure

04/17/2018

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Fourth Supplemental Disclosure

05/14/2018

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Fifth Supplemental Disclosure

06/25/2018

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Sixth Supplemental Disclosure

06/25/2018

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Plaintiff Isabel Torres' Deposition taken

07/24/2018

STIPULATION AND ORDER
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Independent Medical Examination

09/13/2018

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Seventh Supplemental Disclosure

10/18/2018

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Eighth Supplemental Disclosure

10/29/2018

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Joint Interim Status Report

12/12/2018

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Ninth Supplemental Disclosure

12/14/2018

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Initial Designation of Expert Witnesses

12/14/2018

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Second Request to Produce Documents

12/21/2019

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Tenth Supplemental Disclosure

02/15/2019

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Eleventh Supplemental Disclosure

02/22/2019

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Twelfth Supplemental Disclosure

04/15/2019

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Thirteenth Supplemental Disclosure

04/24/2019

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Plaintiffs:

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Initial Disclosure

01/17/2018

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First Supplemental Disclosure

01/26/2018

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Second Supplemental Disclosure

01/29/2018

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Plaintiffs Answers to Interrogatories

02/20/2018

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Plaintiff's Responses to Request to Produce

02/20/2018

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Third Supplemental Disclosure

02/07/2018

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Request for Admissions to Defendant

04/02/2018

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Interrogatories to Defendant

04/02/2018

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Request for Production to Defendant

04/02/2018

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Fourth Supplemental Disclosure

04/16/2018

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Fifth Supplemental Disclosure

04/19/2018

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Sixth Supplemental Disclosure

05/24/2018

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Seventh Supplemental Disclosure

05/29/2018

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Eighth Supplemental Disclosure

06/07/2018

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Ninth Supplemental Disclosure

06/12/2018

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Tenth Supplemental Disclosure

08/16/2018

STIPULATION AND ORDER
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Eleventh Supplemental Disclosure

08/27/2018

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Twelfth Supplemental Disclosure

08/27/2018

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Thirteenth Supplemental Disclosure

10108/2018

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Joint Interim Status Report

12/12/2018

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Fourteenth Supplemental Disclosure

12/14/2018

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Initial Designation of Expert Witnesses

12/14/2018

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Responses to Second Request to Produce

01/23/2019

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(b)

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There is no discovery left to be completed. The court decided Defendant's

Discovery that remains to be completed:

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Dispositive Motion on March 16,2020. The operative Discovery Plan and

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Scheduling Order required that the Joint Pre-Trial Memorandum be completed 30

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days from that date, namely April 15, 2020.

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(c)

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The parties believe that they will be able to better narrow the issues for

Reasons why discovery was not completed:

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trial if they are able to meet and review each other's submissions and evidence

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and make decisions. However, the parties have been unable to meet due to the

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COVID-19 restrictions imposed by the Governor. The extension will allow the

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parties to meet, discuss and provide more preparation as they submit their Joint

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Pre-Trial Report.

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(d)

Proposed Schedule:

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The parties propose a 30-day extension to file their Pre-Trial Report.

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Those dates will be:

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Last Day to Amend Pleadings:

11/14/2018

(closed)

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Expert Disclosure Deadline:

12/14/2018

(closed)

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Interim Status Report Deadline:

12/14/2018

(submitted 12/12/18)

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Rebuttal Expert Disclosure:

02/15/2019

(closed)

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Last Day to Amend DPSO:

03/29/2019

(closed)

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Discovery Cut-Off:

04l15l2019

(closed)

STIPULATION AND ORDER
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Case 2:18-cv-00010-JCM-VCF Document 53 Filed 04/17/20 Page 7 of 7

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Dispositive Motions Deadline:

05/15/2019

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Pre-Trial Order:

05/15/2020

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(If dispositive motions are filed, the deadline for the filing of the joint pre-trial order will be

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suspended until 30 days after decision on the dispositive motions or further court order.)

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(closed)

CONCLUSION

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For the foregoing reasons, the parties herein respectfully request this Honorable

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Court to Modify the Discovery Plan and Scheduling Order to allow the parties to submit

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their Joint Pre-Trial Report up to and including Mary 15, 2020.

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Approved as to form and content:

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Dated this 15th day of April 2020.

Dated this 15th day of April 2020.

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RICHARD HARRIS LAW FIRM

BAUMAN LOEWE WITT & MAXWELL

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/s/ Christian Z. Smith

/s/ Michael C. Mills

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CHRISTIAN Z. SMITH, ESQ.
MICHAEL C. MILLS, ESQ.
Nevada State Bar No. 008266
Nevada Bar No. 003534
801 S. Fourth Street
3650 N. Rancho Dr., Ste. 114
Las Vegas, NV 89101
Las Vegas, NV 89130
Phone: [phone]
Phone: [phone]
Fax: [phone]
Fax: [phone]
Attorneys for Plaintiff,
Counsel for Defendant,
Isabel Torres
Bodeqa Latina Corporation
IT IS HEREBY ORDERED that the Joint Pretrial Order is due May 15, 2020.

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ORDER

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If dispositive motions are filed, the deadline
for filing the joint pretrial order will be suspended until 30
days after decision on the dispositive motions or further
court order.

IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT JUDGE,
UNITED STATES MAGISTRATE JUDGE

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April 15, 2020
DATED: ___________

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STIPULATION AND ORDER
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