Garcia-Chavez v. J.B. Hunt Corp. et al

Filing 18

ORDER granting 17 Stipulation; Discovery due by 11/6/2018. Motions due by 12/10/2018. Proposed Joint Pretrial Order due by 1/7/2019. Signed by Magistrate Judge Cam Ferenbach on 6/19/2018. (Copies have been distributed pursuant to the NEF - JM) (Main Document 18 replaced on 6/19/2018) (JM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CRISTIAN GARCIA-CHAVEZ, an
individual,
Plaintiff,
v.
J.B. HUNT CORP., J.B. HUNT
TRANSPORT, INC., ORLANDO
JOHNSON, and DOES I through X; and
ROE CORPORATIONS II through XX,
inclusive,

CASE NO. 2:18-cv-00040

STIPULATION TO EXTEND
SCHEDULED DEADLINES
(SECOND REQUEST)

Defendants.

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THORPE SHWER, P.C.

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Pursuant to Local Rules IA 6.1 and 26-4, Plaintiff Cristian Garcia-Chavez and

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Defendants J.B. Hunt Transport Inc. and Orlando Johnson (collectively the “Defendants,” and

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together with Plaintiff, the “Parties”) hereby stipulate and agree to extend the deadlines set

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forth in the previously filed Joint Discovery Plan for a period sixty (60) days. This is the

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second stipulation to extend any deadline in this proceeding.

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I.

Discovery Completed to Date

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To date, the Parties each propounded written discovery upon one another. Defendants

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served their responses to Plaintiff’s written discovery on April 30, 2018. Plaintiff served his

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responses to Defendants’ written discovery June 6, 2018.

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examination of the Plaintiff was also conducted on June 8, 2018.

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II.

An independent medical

Discovery Yet to be Completed

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Plaintiff’s deposition is currently scheduled for June 20, 2018. Additionally, the Parties

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are still working to coordinate and schedule the depositions of (1) defendant Orlando Johnson,

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(2) a corporate designee of JB Transport, Inc., (3) many of Plaintiff’s medical providers, and

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(4) Plaintiff’s wife. As detailed below, the Parties have encountered numerous complications

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in scheduling the depositions of the medical providers. The Parties agree that additional

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discovery is necessary to clarify certain categories of damages claimed by Plaintiff. The

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Parties have also not exchanged expert reports or conducted any expert discovery to date. The
{02935083 / 1}STIPULATION TO EXTEND DEADLINES
9008140

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Parties also will need to address any additional areas of discovery which become apparent

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through the course of discovery and litigation in this matter.

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III.

Necessity of Requested Extension of Time
While the Parties have exchanged responses to written discovery, additional discovery

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is necessary with respect to certain categories of damages claimed by Plaintiff.

Such

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discovery may necessitate the retention of additional expert witnesses in this case. The current

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deadline for expert disclosures is July 9, 2018. Additionally, complications continue to exist

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in securing dates to depose several of the Plaintiff’s medical health care providers. The

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current deadline to complete discovery is September 7, 2018. Due to these issues, the Parties
believe a sixty (60) extension to all remaining deadlines is necessary.

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THORPE SHWER, P.C.

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The Parties are

confident the requested extension will provide a sufficient amount of time for the Parties to

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complete additional discovery as to the categories of damages claim by Plaintiff, identify all

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necessary expert witnesses, and schedule and complete all necessary depositions in this matter.

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IV.

Requested Modifications to the Scheduling Order

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The Parties stipulate and agree to modify the Joint Discovery Plain as follows:

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1.

Discovery Cutoff Date:

November 6, 2018

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2.

Expert Disclosures:

September 7, 2018

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3.

Expert Rebuttal:

October 9, 2018

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Dispositive Motions:

December 10, 2018

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Joint Pretrial Order:

January 7, 2019

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6.

Interim Status Report:

September 7, 2018

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.

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IT IS SO AGREED this 18th day of June, 2018.

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{02935083 / 1}SECOND STIPULATION TO
9008140

EXTEND CERTAIN DISCOVERY DEADLINES
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HENNESS & HAIGHT

THORPE SHWER, P.C.

By /s/ Jacob S. Smith
Jacob S. Smith
Breanna K. Hartmann
8972 Spanish Ridge Avenue
Las Vegas, NV 89148
Attorneys for Plaintiff

By /s/ Tyler Grim
William L. Thorpe (Pro Hac Vice pending)
Tyler Grim (Pro Hac Vice pending)

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3200 North Central Avenue
Suite 1560
Phoenix, AZ 85012

Attorneys for Defendants

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MESSNER REEVES LLP

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By /s/ Renee M. Finch
Renee M. Finch, Esq.
Nevada Bar No. 13118
8945 West Russell Road, Suite 300
Las Vegas, Nevada 89148
Co-Counsel for Defendants

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THORPE SHWER, P.C.

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ORDER

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IT IS SO ORDERED.

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DATED: 6-19-2018

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_______________________________
UNITED STATES MAGISTRATE JUDGE

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{02935083 / 1}SECOND STIPULATION TO
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EXTEND CERTAIN DISCOVERY DEADLINES
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