Gerenday v. Albertsons LLC

Filing 17

ORDER granting 15 Stipulation; Discovery due by 3/18/2019. Motions due by 4/17/2019. Proposed Joint Pretrial Order due by 5/17/2019. Signed by Magistrate Judge George Foley, Jr on 8/22/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-00937-JCM-GWF Document 15 Filed 08/21/18 Page 1 of 4

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ROBERT W. COTTLE, ESQ.
Nevada Bar No. 4576
MATTHEW G. HOLLAND, ESQ.
Nevada Bar No. 10370
THE COTTLE FIRM
8635 South Eastern Avenue
Las Vegas, Nevada 89123
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
And
JENNIFER ISSO, ESQ.
Nevada Bar No. 13157
ISSO & HUGHES LAW FIRM
2470 St. Rose Pkwy., Suite 306
Henderson, NV 89074
Telephone: [phone]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*******

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MARY GERENDAY,
Plaintiff,

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CASE NO. 2:18-cv-00937-JCM-GWF

vs.
ALBERTSON’S, LLC; DOES 1-20 and
ROE BUSINESS ENTITIES 1-20, inclusive,
Defendants.

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STIPULATION AND ORDER TO CONTINUE DISCOVERY DEADLINES
(First Request)

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Plaintiff, MARY GERENDAY, by and through her counsel ROBERT W. COTTLE, ESQ.

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and MATTHEW G. HOLLAND, ESQ., of THE COTTLE FIRM, and Defendant

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ALBERTSON’S, LLC, by and through their counsel LEW BRANDON, JR, ESQ. and

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MATTHEW WHITTAKER, ESQ. of MORAN BANDON BENDAVID MORAN hereby

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stipulate and agree to vacate and extend the current discovery deadlines set forth in the Discovery

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Case 2:18-cv-00937-JCM-GWF Document 15 Filed 08/21/18 Page 2 of 4

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Plan and Scheduling Order filed on May 9, 2018, pursuant to LR 26-4.

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A.

Discovery Completed to Date.

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1.

Defendant ALBERTSON’S, LLC provided its initial disclosures on May 31, 2018.

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2.

Plaintiff provided her initial disclosures on June 29, 2018.

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3.

Defendant ALBERTSON’S, LLC served Interrogatories, Requests for Admissions

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and Requests for Production on Plaintiff on May 31, 2018.

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4.

Plaintiff served her Responses to Defendant ALBERTSON’S, LLC’s Requests for

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Production of Documents, Request for Admissions and Interrogatories on July 13,

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2018.

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B.

Description of Discovery that Remains to Be Completed.

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The parties intend on conducting the following additional discovery:

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1.

Defendant noticed the Plaintiff’s deposition for August 22, 2018.

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2.

Plaintiff will serve Requests for Production of Documents; Requests for

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Admissions; and Interrogatories to Defendant ALBERTSON’S, LLC.
3.

All parties intend to request, subpoena, review and inspect various additional

documents and other evidence;

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4.

Defendants intend to serve additional written discovery;

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5.

Expert Designations; and

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6.

Depositions of fact witnesses and experts for the Parties.

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C.

Reasons Why Discovery was Not Completed.

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With respect to the Plaintiff’s position, Plaintiff has retained new counsel on August 10,

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2018. Since their retention eleven (11) days ago, Plaintiff’s counsel has now received the file

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from the previous law firm and is in the process of evaluating what discovery remains to be

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completed. At this time, it appears that Plaintiff’s prior counsel had not yet propounded initial

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written discovery after serving initial disclosures under FRCP 26.

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requires a short extension of time to propound written discovery, inspect the physical location,

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retain initial liability and damages experts, and to depose corporate representatives and percipient

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witnesses.

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Plaintiff’s new counsel

Case 2:18-cv-00937-JCM-GWF Document 15 Filed 08/21/18 Page 3 of 4

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The Defendant shares a similar interest in continuing its discovery efforts, including

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additional written discovery and expert retention, with the Plaintiff who is now represented by

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new counsel.

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Therefore, a short extension of one hundred twenty (120) days to complete discovery is

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requested to compensate for the disruption in the ordinary course of litigation and to ensure the

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matter is litigated on its merits. This stipulation is entered by and between counsel for all parties

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in a spirit of mutual agreement, professional courtesy, for good cause and with good faith,

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harboring no dilatory motive or intent to impose any undue burden upon any participating party.

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D.

Proposed Schedule for Completing Remaining Discovery.

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1.

Discovery Cut-off Date: March 18, 2019

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2.

Amending the Pleadings and Adding Parties: December 18, 2018.

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3.

FRCP 26(a)(2) Disclosure of Experts: Disclosure of experts shall proceed

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according to Rule 26(a)(2) and LR 26-1(e)(3) as follows: The disclosure of experts and their

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reports shall occur on or before January 17, 2019. The disclosure of rebuttal experts and their

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reports shall occur on or before February 15, 2019.

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4.

Interim Status Report: The parties shall file the Interim Status Report on or

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before January 17, 2018, 60 days before the discovery cut-off date, as required pursuant to LR

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26-3.

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5.

Dispositive Motions: The parties shall have until April 17, 2019 to file dispositive

motions. This is 30 days after the discovery cut-off date, as required pursuant to LR 26-1(e)(4).

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6.

Pre-Trial Order: The parties will file a Joint Pre-Trial Order on or before May

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17, 2019, which is not more than 30 days after the date set for filing dispositive motions in this

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case, as required pursuant to LR 26-1(e)(5). This deadline will be suspended if dispositive

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motions are timely filed until 30 days after the decision of the dispositive motions or until further

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order of the Court. The disclosure required by FRCP Rule 26(a)(3), and objections thereto, shall

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be made in the Pre-Trial Order.

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...

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...

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Case 2:18-cv-00937-JCM-GWF Document 15 Filed 08/21/18 Page 4 of 4

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This Stipulation is made in good faith and not for the purposes of delay.

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MORAN BRANDON BENDAVID
MORAN

THE COTTLE FIRM

/s/ Matthew Whittaker, Esq.
LEW BRANDON, JR., ESQ.
Nevada Bar No. 5880
MATTHEW WHITTAKER, ESQ.
Nevada Bar No. 13281
630 S. Fourth St.
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Albertson’s, LLC

/s/ Matthew G. Holland, Esq
ROBERT W. COTTLE, ESQ.
Nevada Bar No. 4576
MATTHEW G. HOLLAND, ESQ.
Nevada Bar No. 10370
8635 South Eastern Avenue
Las Vegas, Nevada 89123
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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IT IS SO ORDERED.
DATED: ______________
8/22/2018

_______________________________________
UNITED STATES MAGISTRATE JUDGE

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