De Blanc v. Aloha Airport Express, LLC

Filing 43

ORDER Granting 42 Stipulation to Extend Time re 24 Order. The deadline by which the parties must file the Joint Pretrial Order is hereby extended to 11/15/2019. Signed by Magistrate Judge Daniel J. Albregts on 11/4/2019. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:18-cv-00151-APG-DJA Document 42 Filed 10/31/19 Page 1 of 3

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Michael Lowry
Nevada Bar No. 10666
Christopher D. Phipps
Nevada Bar No. 3788
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
[phone]; FAX [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Aloha Airport Express, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SANDRA DE BLANC,
Plaintiff,

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CASE NO.: 2:18-cv-00151-APG-DJA
STIPUALTION AND ORDER TO
EXTEND SUBMISSION DATE OF JOINT
PRETRIAL ORDER (FIRST REQUEST)

vs.
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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Plaintiff SANDAR DE BLANC, by and through her undersigned attorneys of record, Richard

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Harris, Esq., and Ian Estrada, Esq., of RICHARD HARRIS LAW FIRM, and Defendant ALOHA

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AIRPORT EXPRESS, by and through its attorney of record, Michael Lowry and Christopher D.

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Phipps of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, hereby submit this
stipulation and order to extend the submission date of the Joint Pretrial Order to November 15, 2019.

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I.

Case Overview.
Defendant Aloha Airport Express (“Aloha”) uses 15 passenger vans to operate an airport

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shuttle service between Lake Havasu City, Arizona, and McCarran International Airport in Las
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Vegas, with stops in Laughlin. On August 9, 2016, Plaintiff boarded an Aloha shuttle in Laughlin
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to travel to McCarran. Once the shuttle arrived at the airport, Aloha’s driver placed a step stool next
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1534348v.1
1534348v.1

Case 2:18-cv-00151-APG-DJA Document 42 Filed 10/31/19 Page 2 of 3

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to the van to assist passengers in exiting the van. Plaintiff fell as she used the step stool to exit the

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van.

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There are competing theories as to why Plaintiff fell using the step stool. Plaintiff alleges

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that the legs of the step stool collapsed causing her to fall to the pavement. Aloha contends that

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Plaintiff stepped on the step stool unevenly causing the stool tip over. Aloha’s driver, who was

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assisting Plaintiff as she exited the van, was able to catch Plaintiff and prevent her from falling to

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the pavement.

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Plaintiff alleges that Aloha was negligent in maintaining its van in a reasonably safe

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condition by using an unsafe step stool and by failing to warn Plaintiff of the dangerous condition

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created by the allegedly unsafe step stool.

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Aloha denies that step stool was defective and denies that Plaintiff suffered any damages
due to Aloha’s alleged conduct.

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II.

Case Status.

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Discovery is closed. The court entered an Order Denying Defendant’s Motion for Summary

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Judgment and Granting Defendant’s Motion in Limine on September 23, 2019. (ECF No. 41) With

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the court’s ruling, the parties have been able to better evaluate their respective positions for further

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settlement negotiations. The parties are now actively engaged in negotiations and, therefore,

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respectfully request an extension through and including November 15, 2019, by which to file the

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Joint Pretrial Order in order to see if the matter can be resolved in the interim.

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Case 2:18-cv-00151-APG-DJA Document 42 Filed 10/31/19 Page 3 of 3

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This is the first request for an extension of the deadline to file the Joint Pretrial Order.

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Respectfully Submitted,

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DATED this 31st day of October, 2019.

DATED this 31st day of October, 2019.

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WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP

RICHARD HARRIS LAW FIRM

/s/ Christopher D. Phipps
MICHAEL LOWRY
Nevada Bar No. 10666
CHRISTOPHER D. PHIPPS
Nevada Bar No. 3788
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101-6014
Tel: [phone]/Fax: [phone]
Attorneys for Aloha Airport Express

/s/ Ian Estrada
Richard Harris, Esq.
Ian Estrada, Esq.
801 S. 4th Street
Las Vegas, Nevada 89101
Attorneys for Plaintiff

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III.

ORDER

Based upon the stipulation above, the deadline by which the parties must file the Joint
Pretrial Order is hereby extended to November 15, 2019.
November 4, 2019
DATED: ____________________.

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____________________________________
UNITED STATES DISTRICT JUDGE
United States Magistrate Judge

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