Jarrell v. Walmart Inc et al

Filing 44

ORDER granting 43 Stipulation to Continue Jury Trial. Calendar Call is reset for 4/13/2021 at 08:45 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Jury Trial is reset for 4/19/2021 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Motions in Limine are now due by 2/19/2021. Signed by Judge Andrew P. Gordon on 10/14/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:18-cv-01219-APG-VCF Document 44 Filed 10/14/20 Page 1 of 3 1 2 3 4 5 6 7 FARHAN R. NAQVI Nevada Bar No. 8589 PAUL G. ALBRIGHT Nevada Bar No. 14159 NAQVI INJURY LAW 9500 W. Flamingo Road, Suite 104 Las Vegas, Nevada 89147 Telephone: (702) 553-1000 Facsimile: (702) 553-1002 naqvi@naqvilaw.com paul@naqvilaw.com Attorneys for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 LILIA JARRELL, individually, 12 Plaintiff, 13 14 15 16 17 Case No.: 2:18-cv-01219-APG-VCF STIPULATION AND ORDER TO CONTINUE TRIAL (FIRST REQUEST) vs. WAL-MART STORES, INC.; WALMART INC. d/b/a WALMART #2593; DOES 1 through 100 and ROE CORPORATIONS 1 through 100, inclusive, Defendants. 18 19 20 Plaintiff LILIA JARRELL (“Plaintiff”), by and through her attorneys of record, FARHAN R. NAQVI and PAUL G. ALBRIGHT of the law firm NAQVI INJURY LAW, and 21 22 Defendants WAL-MART STORES, INC.; WALMART INC. d/b/a WALMART #2593 23 (hereinafter collectively referred to as “Defendant Walmart”), by and through their attorneys of 24 record, ROBERT K. PHILLIPS and TIMOTHY D. KUHLS of the law firm PHILLIPS, 25 26 27 SPALLAS & ANGSTADT, LLC, submit this STIPULATION AND ORDER TO CONTINUE TRIAL (FIRST REQUEST) pursuant to LR 26-3 for the Court’s consideration. 28 Page 1 of 3 Case 2:18-cv-01219-APG-VCF Document 44 Filed 10/14/20 Page 2 of 3 1 The parties represent that good cause exists for continuing the current trial date. The 2 parties have diligently prosecuted and defended this case, only requesting one brief 60 day 3 extension in discovery after Defendant Walmart received new defense counsel. However, the 4 parties recently participated in a mandatory settlement conference on October 2, 2020, and while 5 6 the case did not resolve, progress was made towards potential resolution. Based on the issues 7 discussed during the October 2, 2020 settlement conference, the parties anticipate forthcoming 8 motion practice on limited issues that could significantly advance settlement discussions. 9 However, the parties will need these issues to be heard and decided before meaningful 10 settlement discussions can resume. With trial currently scheduled for November 16, 2020, there 11 12 is not sufficient time for this Court to decide the forthcoming motions while still providing the 13 parties with enough time to resume meaningful settlement discussions before trial, particularly 14 when the parties will be preoccupied with preparing for this trial, which involves an immense 15 amount of documents, experts, medical providers, and lay witnesses. 16 The interests of efficiency and judicial economy merit a brief continuance of the trial in 17 18 this matter. With the COVID-19 pandemic limiting the time and resources of this Court, 19 counsel and the parties, providing the parties with the opportunity to continue pursuing 20 settlement discussions could avoid the need for this matter to consume the Court’s valuable time 21 and resources, both before trial and with the trial itself, which is anticipated to take 10-14 full 22 23 judicial days to complete. Similarly, by narrowing the issues to be determined in the immediate, 24 the parties will not continue to incur unnecessary costs associated with litigation that could 25 negatively impact the parties’ ability to resolve this matter prior to trial. Moreover, granting this 26 Stipulation will open the door for another unresolvable case in the crowded trial stack to proceed 27 to trial in a more timely manner. Lastly, in the event the parties are unable to resolve this matter, 28 Page 2 of 3 Case 2:18-cv-01219-APG-VCF Document 44 Filed 10/14/20 Page 3 of 3 1 2 3 4 they will require some time to determine the availability and travel capabilities of various witnesses and experts that reside out of state. The current trial date is November 16, 2020 with the Calendar Call on November 10, 2020 at 8:45 a.m. Accounting for the foregoing and the holiday season, the parties respectfully 5 6 request that the trial in this matter be continued to April 1, 2020, or as soon thereafter as this 7 matter may be heard, so as to allow the parties an adequate opportunity to further pursue 8 resolution, as detailed above. The parties likewise request a continuance of all other deadlines 9 associated with trial in accordance with the new trial date, including the deadline for filing 10 motions in limine. This Stipulation to Continue Trial is made in good faith and not for purposes 11 12 of delay. 13 DATED this 14th of October, 2020. DATED this 14th of October, 2020. 14 NAQVI INJURY LAW /s/ Paul G. Albright_____________ FARHAN R. NAQVI Nevada Bar No. 8589 PAUL G. ALBRIGHT Nevada Bar No. 14159 9500 W Flamingo Road, Suite 104 Las Vegas, Nevada 89147 Attorneys for Plaintiff PHILLIPS, SPALLAS & ANGSTADT, LLC /s/ Timothy D. Kuhls___________ ROBERT K. PHILLIPS Nevada Bar No. 11441 TIMOTHY D. KUHLS Nevada Bar No. 13362 504 South Ninth Street Las Vegas, Nevada 89101 Attorneys for Defendants 15 16 17 18 19 20 21 22 IT IS SO ORDERED: The jury trial currently set for November 16, 2020 is vacated and continued to April 19, 2021 23 at 9:00 a.m. in LV Courtroom 6C. Calendar call currently set for November 10, 2020 is 24 vacated and continued to April 13, 2021 at 8:45 a.m. in LV Courtroom 6C. Motions in limine 25 deadline is continued to February 19, 2021. 26 DATED: October 14, 2020 27 28 ______________________________________ ANDREW P. GORDON UNITED STATES DISTRICT JUDGE Page 3 of 3

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