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)

Case 2:18-cv-01074-RFB-EJY Document 40 Filed 05/09/22 Page 1 of 5

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STEVEN T. JAFFE, ESQ.
Nevada Bar No. 7035
[e-mail]
KEVIN S. SMITH, ESQ.
Nevada Bar No. 7134
[e-mail]
JONATHAN A. RICH, ESQ.
Nevada Bar No. 15312
[e-mail]

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HALL JAFFE & CLAYTON, LLP
7425 Peak Drive
Las Vegas, Nevada 89128
[phone]
Fax [phone]

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Attorney for Defendant
Lowe’s Home Centers, LLC

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UNITED STAES DISTRICT COURT
DISTRICT OF NEVADA

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MAURICE MOREHEAD, AND SHERYL
MOREHEAD,

Case No.: 2:18-cv-01074-RFB-EJY

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STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE JOINT
PRETRIAL MEMORANDUM

Plaintiffs,
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vs.
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LOWE’S HOME CENTERS, LLC, DOES I
THROUGH 20; AND ROE BUSINESS
ENTITIES 1-20, INCLUSIVE,

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Defendants.
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Pursuant to Fed R. Civ. P. 6, Fed. R. Civ. P. 26, LR IA 6-1, LR IA 6-2, LR 7-1, and

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LR 26-4, the parties stipulate and agree that there is good cause to extend the deadline to file a

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proposed joint pretrial memorandum as set forth below.

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1.

Pursuant to LR 26-4(a), the parties stipulate that the following discovery was
completed:

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The parties served initial and supplemental disclosures pursuant to Rule 26(a)(1).

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Lowe’s Home Centers, LLC (“Lowes”) responded to written discovery served by
Plaintiffs.

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•

Plaintiff Maurice Morehead responded to written discovery served by Lowes.
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Lowes served about 66 subpoenas to obtain records from Mr. Morehead’s prior and
current medical providers and his prior employers.

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Maurice Morehead underwent a Rule 35 examination with a neuropsychologist and a
neurosurgeon.

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The parties designated initial and rebuttal experts.

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Plaintiffs completed the depositions of Charlotte Leslie, Stacie Ford, Michael White,
Alnisha Grimes/Bloyer

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•

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Douds, Dr. Craig T. Tingey, Dr. Daniel Kokmeyer, Dr. Stuart Kaplan, Dr. Eric

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Biesbroeck, M.D., Dr. Jeffrey Gross

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Lowes completed the depositions of Maurice Morehead, Sheryl Morehead, Dr. Gregory

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Pursuant to LR 26-4(b), the parties stipulate that they need to complete the following

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discovery:

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None

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3.

Pursuant to LR 26-4(c), the parties stipulate an extension is needed for the following

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reasons:

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This is a personal injury action in which Plaintiff Maurice Morehead is claiming over

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$400,000 in past medical specials and over $1.1 million in future medical expenses (present

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value). Mr. Morehead claims injuries to his hand, knee, cervical spine, lumbar spine, head,

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and brain. He has undergone surgeries on the hand, knee, and lumbar spine and claims

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permanent cognitive deficits. Discovery is closed in the present matter.

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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

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resolve the present matter before trial. The parties scheduled the mediation to take place

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March 28, 2022, which will be presided over by Hon. Trevor Aitken (Ret.).

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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.
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Case 2:18-cv-01074-RFB-EJY Document 40 Filed 05/09/22 Page 3 of 5

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This constitutes good cause to extend the deadline to complete the joint pre-trial order.

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The parties hope to achieve resolution at the scheduled mediation, which would preclude the

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need to submit the Joint Pretrial Memorandum and the Court to subsequently issue a trial

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scheduling order. Similarly, should the parties be successful at mediation, this would also

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preclude the need for either party preclude to prepare motions in limine. In the event that the

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parties are unsuccessful at mediation on March 28, 2022, the additional time would allow the

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parties to reconfirm their respective trial availability for the remainder of the year, and then

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resubmit the proposed Joint Pretrial Memorandum.
The parties can also demonstrate excusable neglect for the timing of this submission.

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While aware of the need to extend discovery to complete the joint pre-trial order, the parties

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delayed submitting this stipulation until counsel was available to confirm with one another

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that their respective schedules would likely only allow for mutually available dates to begin

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trial during the fourth quarter of 2022.
This extension is made in good faith and will not unreasonably delay the resolution of

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this action. The extension is also necessary to allow the parties to complete the requisite joint

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pre-trial order that precedes the start of trial.
When proposing these new deadlines, the parties have taken into consideration their

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availability, and the time necessary to produce a joint pre-trial order. This is also a civil action

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with a jury demand and the parties presently expect a trial will last three weeks due to the

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number of witnesses and the current triable issues. The parties do not believe that the

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requested extension will impact bringing this matter to trial in a timely manner.

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Case 2:18-cv-01074-RFB-EJY Document 40 Filed 05/09/22 Page 4 of 5

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4.

Pursuant to LR 26-4(d), the parties stipulate to the following proposed schedule for
completing all remaining discovery:

May 23, 2022.

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1.

Extend the date to file the Joint Pre-Trial Order from 2/21/2022 to 4/11/2022.

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2.

Fed. R. Civ. P. 26(a)(3) Disclosures and objections must be included in the Joint

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Pre-Trial Order.

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Dated: March 8, 2022.

Dated: March 8, 2022.

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HALL JAFFE & CLAYTON, LLP

STUCKI INJURY LAW

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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

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ORDER

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IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT JUDGE

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DATED:
DATED this 9th day of May, 2022.

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