Dicillo v. GGP Meadows Mall, LLC et al

Filing 75

ORDER granting 74 Stipulation - Discovery due by 8/6/2021. Motions due by 9/29/2021. Proposed Joint Pretrial Order due by 11/1/2021.IT IS FURTHER ORDERED that counsel for the parties shall review U.S. District Court for the District of Nevada Local Rule IA 10-1(a)(1) and comply with the same in the future. Signed by Magistrate Judge Elayna J. Youchah on 7/30/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:18-cv-00729-JCM-EJY Document 75 Filed 07/30/21 Page 1 of 5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
VICTORIA DICILLO, individually,
Plaintiff,
v.
GGP MEADOWS MALL L.L.C.; FOREVER
21 RETAIL, INC.;
SCHINDLER ELEVATOR
CORPORATION; DOES I through X,
inclusive; ROE CORPORATIONS XI
through XX, inclusive,

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Case No.: 2:18-cv-00729-JCM-EJY

Defendants.
STIPULATION AND ORDER TO EXTEND
CASE MANAGEMENT PLAN DEADLINES
(Fourth Request)
Pursuant to LR IA 6-1 and LR 26-3, the parties, by and through their respective counsel of
record, hereby stipulate and request that the Court reset the following Case Management Plan
Deadlines as follows:
1.

The parties have completed written discovery and taken the deposition of Plaintiff,

Plaintiff’s husband, Schindler’s FED. R. CIV. P. 30(b)(6) deponent, Dr. Leo Germin, and John
Koshak.
2.

On June 24, 2021, the parties agreed that Defendants’ counsel would depose

Plaintiff’s expert Richard P. Newman, MD, FAAN, on July 29, 2021 at 8 a.m. EDT. Plaintiff’s
counsel indicated that Dr. Newman would be available until 11 a.m. EDT on July 29, 2021 for his
deposition. A true and accurate copy of the emails exchanged between the parties’ counsel
scheduling Dr. Newman’s deposition for July 29, 2021 is attached as Exhibit 1.

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3.

On June 30, 2021, Defendants’ counsel sent Plaintiff’s counsel the Amended Notice

of Deposition of Richard Newman for July 29, 2021 at 8 a.m. EDT and Subpoena. A true and
accurate copy of the email sent to Plaintiff’s counsel with the Amended Notice of Deposition and
Subpoena is attached as Exhibit 2.
4.

On July 28, 2021 at 2:38 p.m. EDT / 11:38 a.m. PDT, Plaintiff’s counsel emailed

Defendants’ counsel that Dr. Newman “indicated he needed to be finished by 9:30 a.m. because
he had something pop up on his calendar.”
5.

Defendants’ counsel stated that ninety minutes would not be enough time to depose

Dr. Newman and that Defendants had noticed and subpoenaed Dr. Newman for his deposition a
month ago.
6.

After various emails were exchanged between the parties’ counsel, the parties

agreed to reschedule Dr. Newman’s deposition for August 6, 2021 at 8 a.m. EDT and extend the
discovery deadline until August 6, 2021 to permit Defendants to depose Dr. Newman. A true and
accurate copy of the emails exchanged between the parties’ counsel is attached as Exhibit 3.
7.

The parties are also currently engaged in a disagreement regarding Defendants’

expert, Thomas F. Kinsora, Ph.D., and that disagreement is currently amidst motion practice before
the Court. (Dkt. 73). Depending on the Court’s ruling on Defendants’ Motion to Compel,
additional discovery may need to be conducted, e.g., Defendants’ disclosure of Dr. Kinsora expert
report and Plaintiff’s ability to depose Dr. Kinsora.
8.

Pursuant to LR IA 6-1(a), the discovery deadline was previously extended on

August 20, 2018 (Dkt. 26), January 10, 2019 (Dkt. 41), and July 29, 2019 (Dkt. 45). The parties
further note that this case was stayed on October 2, 2019 pursuant to Defendant Forever 21, Inc.,
bankruptcy petition. (Dkt. 49). On March 24, 2021, the Court issued an Order lifting the

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bankruptcy stay (Dkt. 67) and the Court entered its Order Resetting Case Management Plan and
Other Related Deadlines on April 15, 2021. (Dkt. 71).
Accordingly, the parties request the discovery deadline be extended seven days to allow
Defendants the time to depose Dr. Newman and the dispositive motion and pre-trial order
deadlines extended thirty days to allow the parties to brief the issues surrounding Defendants’
expert Dr. Kinsora and the Court to issue a ruling on the same.
DISCOVERY REMAINING
Pursuant to this Court’s Order Resetting Case Management Plan and Other Related
Deadlines, the parties agreed, inter alia, that Defendants had until July 30, 2021 to depose Dr.
Newman and that discovery would close on July 30, 2021. (Dkt. 71 at 3 and 5). To allow
Defendants to take the deposition of Dr. Newman, Defendants respectfully request an extension to
and including August 6, 2021.
The deadline to request extension of discovery deadlines was July 9, 2021. As shown by
Exhibit 1 and Exhibit 2, Defendants’ counsel timely reached out to Plaintiff’s counsel and
scheduled Dr. Newman’s deposition and timely provided Plaintiff’s counsel the Notice of
Deposition and Subpoena. As shown by Exhibit 3, it was not until less than eighteen hours before
Dr. Newman’s deposition that Defendants were informed that Dr. Newman claimed that he had a
conflict with his schedule concerning the agreed upon deposition time. Pursuant to LR 26-3, good
cause exists to extend the close of discovery to permit the Defendants to depose Dr. Newman.
The following is a list of current case management plan deadlines and the parties’ proposed
extended deadlines.
Scheduled Event
Close of Discovery
Dispositive Motions
Pre-Trial Order

Current Deadline
July 30, 2021
August 30, 2021
September 30, 2021
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Proposed Deadline
August 6, 2021
September 29, 2021
November 1, 2021

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Dated: July 30, 2021
/s/ Joshua L. Benson (with permission)

/s/ Stephanie V. McGowan

Joshua L. Benson, Esq.
Nevada Bar No. 10514
BENSON ALLRED, PLLC
6250 N. Durango Drive
Las Vegas, NV 89148
[e-mail]

Alan W. Westbrook, Nevada #6167
Nevada State Bar No. 6167
PERRY & WESTBROOK, P.C.
1701 W Charleston Boulevard, Suite 200
Las Vegas, NV 89102
[e-mail]

Attorneys for Plaintiff

and
Kevin C. Schiferl (pro hac vice)
Indiana Bar No. 14138-49
Stephanie V. McGowan (pro hac vice)
Indiana Bar No. 30759-49
FROST BROWN TODD LLC
201 N. Illinois Street, Suite 1900
P.O. Box 44961
[e-mail]
[e-mail]
Attorneys for Defendants

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ORDER
IT IS ORDERED:
That the case management plan deadlines will be amended to set forth as follows:
Deadline
Close of Discovery
Dispositive Motions
Pre-Trial Order

Current Deadline Date
July 30, 2021
August 30, 2021
September 30, 2021

Extension Sought
August 6, 2021
September 29, 2021
November 1, 2021

IT IS FURTHER ORDERED that counsel for the parties shall review U.S. District
Court for the District of Nevada Local Rule IA 10-1(a)(1) and comply with the same in
the future.
IT IS SO ORDERED this 30th day of July, 2021.

____________________________________
UNITED STATES MAGISTRATE JUDGE
0000HSO.0657366 4815-1096-7540v1

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