Espinoza v. Smith's Food & Drug Centers, Inc.

Filing 13

ORDER granting 12 Stipulation; Discovery due by 9/6/2018. Motions due by 10/5/2018. Proposed Joint Pretrial Order due by 11/6/2018. Signed by Magistrate Judge George Foley, Jr on 5/9/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-00112-GMN-GWF Document 12 Filed 05/08/18 Page 1 of 3

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ALISON M. BRASIER, ESQ.
Nevada Bar No. 10522
HICKS & BRASIER, PLLC
4101 Meadows Lane, Suite 210
Las Vegas, Nevada 89107
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RUTH ESPINOZA,
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Plaintiff,

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vs.

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SMITH’S FOOD & DRUG CENTERS,
INC. a Ohio Corporation, SMITH’S FOOD
& DRUG CENTERS, a Nevada Business
Trust; and DOE PERSONS I through X,
inclusive; and ROE CORPORATIONS XI
through XX, inclusive,

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Defendants.
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CASE NO: 2:18-CV-00112-GMN-GWF
FIRST STIPULATION AND ORDER
TO EXTEND DISCOVERY
DEADLINES

Pursuant to LR IA 6-1 and LR 26-4, the parties, by and through their respective
counsel, hereby stipulate and request that this Court extend the deadline for discovery in the
above-captioned matter for forty-five (45) days, or up to and including September 6, 2018.
DISCOVERY COMPLETED:

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Plaintiff has served her Initial Disclosures and supplements thereto.

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Defendant has served its Initial Disclosures and supplements thereto.

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Defendants have served subpoenas duces tecums to all of Plaintiff’s medical providers.

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Plaintiff’s deposition has been taken.

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Plaintiffs have served and responded to written discovery.

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Defendants have served and responded to written discovery.
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Case 2:18-cv-00112-GMN-GWF Document 12 Filed 05/08/18 Page 2 of 3

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REMAINING DISCOVERY TO BE COMPLETED:

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Initial and rebuttal expert disclosures;

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Fact and expert witness depositions; and

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Any additional written discovery that may be necessary following this discovery.

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REASONS WHY EXTENSION REQUESTED:

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On May 7, 2018, Plaintiff was informed that her medical expert was no longer able to

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prepare a report due to his father being ill and the expert consequently needing to be out of the

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country for an extended period of time. Due to the extent of Plaintiff’s claimed injuries, it is

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not feasible for Plaintiff to retain another expert — and for that expert to effectively write a

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report — by the current expert disclosure deadline, which is 17 days away. Plaintiff is

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diligently working to retain a new expert and to get the relevant records to a new expert to

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reduce any delay.

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Based on foregoing, good cause exists to extend the discovery deadline to allow

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Plaintiffs to take these outstanding depositions.

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PROPSED SCHEDULE FOR REMAINING DEADLINES:

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The following is a list of the current deadlines and the parties’ proposed extended
deadlines:

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Current

Proposed

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Discovery Cut-Off

7/23/2018

9/6/2018

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Expert Disclosure

5/24/2018

7/6/2018

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Rebuttal Disclosures

6/25/2018

8/6/2018

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Dispositive Motions

8/22/2018

10/5/2018

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Pre-Trial Order

9/21/2018

11/6/2018

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This is the first request for extension of time in this matter. The parties respectfully

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submit that the reasons set forth above constitute “good cause” justifying the extension.

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Case 2:18-cv-00112-GMN-GWF Document 12 Filed 05/08/18 Page 3 of 3

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Wherefore, the parties respectfully request that this Court extend the discovery period

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by forty-five (45) days from the current deadline of July 23, 2018, up to an including

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September 6, 2018, and the other discovery dates as outlined in accordance with the list above.

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DATED THIS 7th day of May, 2017.

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HICKS & BRASIER, PLLC

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/s/ Alison M. Brasier

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ALISON M. BRASIER, ESQ.
Nevada Bar No. 10522
4101 Meadows Lane, Suite 210
Las Vegas, Nevada 89107
Attorneys for Plaintiff

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COOPER LEVENSON, P.A.

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/s/ Jerry S. Busby
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Jerry S. Busby, Esq.
Nevada Bar No. 1107
1835 Village Center Circle
Las Vegas, NV 89134
Attorneys for Defendant

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IT IS SO ORDERED.
9th
May _____, 2018.

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________________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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