Morehead et al v. Lowes Home Centers, LLC

Filing 40

ORDER granting 39 Stipulation to Extend Deadline to file Joint Pretrial Order. Proposed Joint Pretrial Order due by 5/23/2022. Signed by Judge Richard F. Boulware, II on 5/9/2022. (Copies have been distributed pursuant to the NEF - LOE)

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Case 2:18-cv-01074-RFB-EJY Document 40 Filed 05/09/22 Page 1 of 5 1 2 3 4 5 STEVEN T. JAFFE, ESQ. Nevada Bar No. 7035 KEVIN S. SMITH, ESQ. Nevada Bar No. 7134 JONATHAN A. RICH, ESQ. Nevada Bar No. 15312 6 HALL JAFFE & CLAYTON, LLP 7425 Peak Drive Las Vegas, Nevada 89128 (702) 316-4111 Fax (702) 316-4114 7 8 9 Attorney for Defendant Lowe’s Home Centers, LLC 10 11 UNITED STAES DISTRICT COURT DISTRICT OF NEVADA 12 13 MAURICE MOREHEAD, AND SHERYL MOREHEAD, Case No.: 2:18-cv-01074-RFB-EJY 14 STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE JOINT PRETRIAL MEMORANDUM Plaintiffs, 15 vs. 16 17 LOWE’S HOME CENTERS, LLC, DOES I THROUGH 20; AND ROE BUSINESS ENTITIES 1-20, INCLUSIVE, 18 Defendants. 19 Pursuant to Fed R. Civ. P. 6, Fed. R. Civ. P. 26, LR IA 6-1, LR IA 6-2, LR 7-1, and 20 21 LR 26-4, the parties stipulate and agree that there is good cause to extend the deadline to file a 22 proposed joint pretrial memorandum as set forth below. 23 1. Pursuant to LR 26-4(a), the parties stipulate that the following discovery was completed: 24 25 • The parties served initial and supplemental disclosures pursuant to Rule 26(a)(1). 26 • Lowe’s Home Centers, LLC (“Lowes”) responded to written discovery served by Plaintiffs. 27 28 • Plaintiff Maurice Morehead responded to written discovery served by Lowes. 1 Case 2:18-cv-01074-RFB-EJY Document 40 Filed 05/09/22 Page 2 of 5 • 1 Lowes served about 66 subpoenas to obtain records from Mr. Morehead’s prior and current medical providers and his prior employers. 2 • 3 Maurice Morehead underwent a Rule 35 examination with a neuropsychologist and a neurosurgeon. 4 5 • The parties designated initial and rebuttal experts. 6 • Plaintiffs completed the depositions of Charlotte Leslie, Stacie Ford, Michael White, Alnisha Grimes/Bloyer 7 • 8 Douds, Dr. Craig T. Tingey, Dr. Daniel Kokmeyer, Dr. Stuart Kaplan, Dr. Eric 9 Biesbroeck, M.D., Dr. Jeffrey Gross 10 11 Lowes completed the depositions of Maurice Morehead, Sheryl Morehead, Dr. Gregory 2. Pursuant to LR 26-4(b), the parties stipulate that they need to complete the following 12 discovery: 13 None 14 3. Pursuant to LR 26-4(c), the parties stipulate an extension is needed for the following 15 reasons: 16 This is a personal injury action in which Plaintiff Maurice Morehead is claiming over 17 $400,000 in past medical specials and over $1.1 million in future medical expenses (present 18 value). Mr. Morehead claims injuries to his hand, knee, cervical spine, lumbar spine, head, 19 and brain. He has undergone surgeries on the hand, knee, and lumbar spine and claims 20 permanent cognitive deficits. Discovery is closed in the present matter. 21 22 23 The parties submitted their proposed Joint Pretrial Memorandum to this court on May 14, 2021. On December 21, 2021, the parties agreed to attend mediation in a good-faith attempt to 24 resolve the present matter before trial. The parties scheduled the mediation to take place 25 March 28, 2022, which will be presided over by Hon. Trevor Aitken (Ret.). 26 27 28 On January 19, 2022, the parties’ proposed Joint Pretrial Memorandum was denied without the prejudice, and the parties were instructed to file a new proposed Joint Pretrial November, 2022 Memorandum by February 21, 2022, with suggested trial dates starting from June 2022. 2 Case 2:18-cv-01074-RFB-EJY Document 40 Filed 05/09/22 Page 3 of 5 1 This constitutes good cause to extend the deadline to complete the joint pre-trial order. 2 The parties hope to achieve resolution at the scheduled mediation, which would preclude the 3 need to submit the Joint Pretrial Memorandum and the Court to subsequently issue a trial 4 scheduling order. Similarly, should the parties be successful at mediation, this would also 5 preclude the need for either party preclude to prepare motions in limine. In the event that the 6 parties are unsuccessful at mediation on March 28, 2022, the additional time would allow the 7 parties to reconfirm their respective trial availability for the remainder of the year, and then 8 resubmit the proposed Joint Pretrial Memorandum. The parties can also demonstrate excusable neglect for the timing of this submission. 9 10 While aware of the need to extend discovery to complete the joint pre-trial order, the parties 11 delayed submitting this stipulation until counsel was available to confirm with one another 12 that their respective schedules would likely only allow for mutually available dates to begin 13 trial during the fourth quarter of 2022. This extension is made in good faith and will not unreasonably delay the resolution of 14 15 this action. The extension is also necessary to allow the parties to complete the requisite joint 16 pre-trial order that precedes the start of trial. When proposing these new deadlines, the parties have taken into consideration their 17 18 availability, and the time necessary to produce a joint pre-trial order. This is also a civil action 19 with a jury demand and the parties presently expect a trial will last three weeks due to the 20 number of witnesses and the current triable issues. The parties do not believe that the 21 requested extension will impact bringing this matter to trial in a timely manner. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 3 Case 2:18-cv-01074-RFB-EJY Document 40 Filed 05/09/22 Page 4 of 5 1 2 4. Pursuant to LR 26-4(d), the parties stipulate to the following proposed schedule for completing all remaining discovery: May 23, 2022. 3 1. Extend the date to file the Joint Pre-Trial Order from 2/21/2022 to 4/11/2022. 4 2. Fed. R. Civ. P. 26(a)(3) Disclosures and objections must be included in the Joint 5 Pre-Trial Order. 6 7 Dated: March 8, 2022. Dated: March 8, 2022. 8 HALL JAFFE & CLAYTON, LLP STUCKI INJURY LAW 9 By: /s/ Jonathan A. Rich Steven T. Jaffe, Esq. Nevada Bar No. 7035 Kevin S. Smith, Esq. Nevada Bar No. 7134 Jonathan A. Rich, Esq. Nevada Bar No. 15312 7425 Peak Drive Las Vegas, Nevada 89128 Attorney for Lowe’s Home Centers, LLC By: /s/ Kyle A. Stucki Kyle A. Stucki, Esq. Nevada Bar No. 12646 1980 Festival Plaza Dr., Ste. 300 Las Vegas, Nevada 89135 Attorneys for Maurice Morehead & Sheryl Morehead 10 11 12 13 14 15 ORDER 16 17 IT IS SO ORDERED. 18 19 UNITED STATES DISTRICT COURT JUDGE 20 21 22 DATED: DATED this 9th day of May, 2022. 23 24 25 26 27 28 4 Case 2:18-cv-01074-RFB-EJY Document 40 Filed 05/09/22 Page 5 of 5

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