De Blanc v. Aloha Airport Express, LLC

Filing 38

ORDER Granting in part and Denying in part 26 Motion to Strike. Signed by Magistrate Judge Carl W. Hoffman on 1/28/2019. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00151-APG-CWH Document 37 Filed 01/25/19 Page 1 of 3

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MICHAEL P. LOWRY
Nevada Bar No. 10666
CHRISTOPHER D. PHIPPS
Nevada Bar No. 3788
300 South 4th Street, 11th Floor
Las Vegas, NV 89101-6014
Tel: [phone]/Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Aloha Airport Express, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SANDRA DE BLANC,
Plaintiff,

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Proposed Order re Aloha Airport Express,
LLC’s Motion to Strike Plaintiff’s 3rd Rule
26(a)(1) Disclosure [ECF No. 26]

v.

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Case No.: 2:18-cv-151

ALOHA AIRPORT EXPRESS, a Foreign Limited
Liability Company; does 1 THROUGH 20; ROE
BUSINESS ENTITIES 1 through 20, inclusive
jointly and severally,

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Defendants.

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On December 21, 2018 Defendant moved to strike Plaintiff’s 3rd Rule 26(a)(1) disclosure as

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it pertained to Dr. Patel.1 Plaintiff’s response2 conceded all of Aloha’s points, save one. Plaintiff

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does not 1) object to excluding Dr. Patel’s July 24, 2018 and August 23, 2018 medical records; 2)

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object to barring Dr. Patel from giving opinion testimony as a non-retained expert; or 3) argue her

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designation of Dr. Patel as a non-retained expert was appropriate. Plaintiff instead only argued

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that the October 31, 2018 medical record should be admissible as evidence of ongoing medical

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treatment. Defendant’s reply noted it could agree to that if that is only purpose for the record, and

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Dr. Patel is not giving opinion testimony.3

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ECF No. 26.
ECF No. 30.
ECF No. 33.

Case 2:18-cv-00151-APG-CWH Document 37 Filed 01/25/19 Page 2 of 3

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Based upon this, Defendant’s motion is denied in part to the extent it sought to strike the

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October 31, 2018 medical record. Defendant’s motion is otherwise granted as described in this

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order.
THE RICHARD HARRIS LAW FIRM

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BY: /s/ Michael P. Lowry
MICHAEL P. LOWRY
CHRISTOPHER D. PHIPPS
300 South 4th Street, 11th Floor
Las Vegas, NV 89101-6014
Tel: [phone]/Fax: [phone]
Attorneys for Aloha Airport Express, LLC

BY: /s/ Ian Estrada
IAN C. ESTRADA, ESQ.
Nevada Bar No. 12575
E-mail: [e-mail]
801 South Fourth Street
Las Vegas, Nevada 89101-6014
Tel: [phone]
Attorneys for Sandra De Blanc
It is so ordered.

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UNITED STATES MAGRISTRATE JUDGE

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DATED:

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January 28, 2019

Case 2:18-cv-00151-APG-CWH Document 37 Filed 01/25/19 Page 3 of 3

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CERTIFICATE OF SERVICE
Pursuant to FRCP 5, I certify that I am an employee of Wilson Elser Moskowitz Edelman &

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Dicker LLP, and that on January 25, 2019, I served the Proposed Order re Aloha Airport

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Express, LLC’s Motion to Strike Plaintiff’s 3rd Rule 26(a)(1) Disclosure [ECF No. 26] as

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follows:

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by placing same to be deposited for mailing in the United States Mail, in a sealed
envelope upon which first class postage was prepaid in Las Vegas, Nevada;
via electronic means by operation of the Court’s electronic filing system, upon each
party in this case who is registered as an electronic case filing user with the Clerk;

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Ian Estrada
Richard Harris Law Firm
801 S. 4th St.
Las Vegas, NV 89101
Attorneys for Sandra DeBlanc

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BY:

/s/ Michael P. Lowry
An Employee of

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