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

Filing 15

ORDER granting 14 Stipulation re Discovery. Discovery due by 1/11/2019. Motions due by 2/11/2019. Proposed Joint Pretrial Order due by 3/13/2019. Signed by Magistrate Judge George Foley, Jr on 8/22/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00861-RFB-GWF Document 14 Filed 08/21/18 Page 1 of 3

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MICHAEL D. HAIGHT, ESQ.
Nevada Bar No. 5654
SHAWN L. WALKENSHAW, ESQ.
Nevada Bar No. 13274
HENNESS & HAIGHT
8972 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LUCY T. GESUNDHEIT,
Plaintiff,

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Case No.: 2:18-cv-00861-RFB-GWF

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vs.

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SMITH’S FOOD AND DRUG CENTERS,
INC., a foreign corporation, DOES I through X;
and ROE CORPORATIONS I through X,
inclusive,

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Defendants.

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STIPULATION AND ORDER TO EXTEND DISOVERY DEADLINES
(First Request)

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COMES NOW, Plaintiff, LUCY T. GESUNDHEIT, by and through her counsel of record,

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MICHAEL D. HAIGHT, ESQ. and SHAWN L. WALKENSHAW, ESQ. of the law firm of

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HENNESS & HAIGHT and Defendant, SMITH’S FOOD AND DRUG CENTERS, INC., by and

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through its counsel of record, JERRY S. BUSBY, ESQ. and GREGORY A. KRAEMER, ESQ., of

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the law firm of COOPER LEVENSON, PA, and submit the following stipulation and order to
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extend discovery deadlines pursuant to LR 26-4 as follows:
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Case 2:18-cv-00861-RFB-GWF Document 14 Filed 08/21/18 Page 2 of 3

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1. Summary of Discovery Completed

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1. The parties have provided initial witness lists and documents pursuant to FRCP 26 and

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supplements thereto.
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2. Plaintiff has served written discovery in the form of Interrogatories and Requests for

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Production of Documents upon Defendant.

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3. Defendant has served Interrogatories, Requests for Production of Documents and

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Requests for Admissions upon Plaintiff.

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2. Discovery Remaining

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1.
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3.
4.
5.

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Expert and Rebuttal Expert disclosures;
Deposition of Plaintiff;
Deposition of FRCP 30(b)(6) witnesses;
Deposition of expert witnesses and treating physicians;
Deposition of fact witnesses

3. Reason Why Discovery Was Not Completed

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Discovery in this matter is currently scheduled to close on November 12, 2018. Additional

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time is needed to allow for further analysis of the digital evidence in this matter. As reflected in
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previously filed briefing in this matter, the parties disagree as to what the video evidence of the

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subject incident reflects. Plaintiff has been diligently working to identify a third party who has

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the ability to analyze such evidence and provide clarification and believes she has now located

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such a third party. Once this discovery is completed, the parties will need additional time to

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determine whether it is necessary to retain expert witnesses and for what purposes. The parties
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will then need time to allow these experts to prepare and disclose a report. Based on the

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foregoing, the parties believe there is good cause to extend discovery and request that the

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discovery deadlines be changed as proposed below.

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///

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///
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Case 2:18-cv-00861-RFB-GWF Document 14 Filed 08/21/18 Page 3 of 3

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4. Proposed Schedule for Completing Discovery
Accordingly, the parties respectfully request that this Court enter an order setting the

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following discovery plan and scheduling order dates:
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Event

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Discovery Deadline
Motions to Amend Pleadings and Add
Parties
Initial Expert Designations
Rebuttal Expert Designations
Interim Status Report
Dispositive Motions
Joint Pre-Trial Order

Former
Deadline
11/12/18
8/14/18

New Deadline
1/11/19
10/15/18

9/13/18
10/15/18
9/13/18
12/12/18
1/11/19

11/12/18
12/12/18
11/12/18
2/11/19
3/13/19

Counsel further states that the requested extension of the discovery deadline is not intended

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for purposes of delay, but rather for the purposes set forth hereinabove.
Dated this 21st day of August, 2018.

Dated this 21st day of August, 2018.

HENNESS & HAIGHT

COOPER LEVINSON, PA

__Shawn L. Walkenshaw___________
MICHAEL D. HAIGHT, ESQ.
Nevada Bar No. 5654
SHAWN L. WALKENSHAW, ESQ.
Nevada Bar No. 13274
8972 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Attorney for Plaintiff

___Jerry S. Busby___________________
JERRY S. BUSBY, ESQ.
Nevada Bar No. 1107
GREGORY A. KRAEMER, ESQ.
Nevada Bar No. 10911
1835 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Defendant

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ORDER

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IT IS SO ORDERED.
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______________________________________
UNITED STATES MAGISTRATE JUDGE

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8-22-2018
DATED: ______________________________

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