Freeman et al v. C R Bard Incorporated et al

Filing 43

ORDER granting 42 Stipulation to Extend Discovery for Limited Purposes. Discovery due by 3/8/2021. Motions due by 9/20/2021. To the extent the excepted depositions are necessary for either party's summary judgment briefing, the excepted depositions must be taken prior to the deadline for dispositive motions. Signed by Magistrate Judge Brenda Weksler on 2/16/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:19-cv-01572-RFB-BNW Document 42 Filed 02/12/21 Page 1 of 5
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Greenberg Traurig, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, NV 89135
[phone]
[phone] (fax)

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ERIC W. SWANIS, ESQ.
Nevada Bar No. 006840
GLENN F. MEIER, ESQ.
Nevada Bar No. 006059
GREENBERG TRAURIG, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
CHRISTOPHER J. NEUMANN, ESQ.*
MATTHEW L. CROCKETT, ESQ.*
GREGORY R. TAN, ESQ.*
CANDACE UDUEBOR, ESQ.*
*Admitted Pro Hac Vice
GREENBERG TRAURIG, LLP
1144 15th Street, Suite 3300
Denver, Colorado 80202
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
LORI G. COHEN, ESQ.
Admitted Pro Hac Vice
GREENBERG TRAURIG, LLP
Terminus 200
333 Piedmont Road NE, Suite 2500
Atlanta, Georgia 30305
Telephone: [phone]
Email: [e-mail]
Counsel for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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REECE FREEMAN; BRITTANY FREEMAN,

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CASE NO. 2:19-cv-01572-RFB-BNW
STIPULATION AND [PROPOSED]
ORDER EXTENDING DISCOVERY
DEADLINES FOR LIMITED PURPOSES

Plaintiff,
v.
C. R. BARD, INC.; BARD PERIPHERAL
VASCULAR, INCORPORATED,

(FIRST REQUEST)

Defendants.

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COME NOW Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (“Bard” or

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“Defendants”) and Plaintiffs REECE FREEMAN and BRITTANY FREEMAN (“Plaintiffs”), by

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and through their undersigned counsel of record, pursuant to LR IA 6-1, and hereby stipulate that

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the discovery deadlines be extended for the limited purpose of allowing the depositions of Plaintiffs’

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disclosed family and friend witnesses as well as Defendants’ applicable territory and/or district

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managers as outlined below. This is the first request for extension of discovery deadlines for this

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limited purpose.
The parties have engaged in settlement discussions, have conducted written discovery, and

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are now in the process of deposing fact witnesses. Plaintiffs have been deposed. Mr. Freeman’s

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treating physicians have also been deposed or will be deposed within the deadline set by the

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Greenberg Traurig, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, NV 89135
[phone]
[phone] (fax)

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Stipulated Discovery Plan and Scheduling Order, Dkt. 41. However, in an effort to conserve the

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resources of the Parties and to facilitate settlement discussions, the Parties have agreed to reserve

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the right to take the depositions of Plaintiffs’ disclosed family and friend witnesses, as well as

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Defendants’ applicable territory and district managers, until no later than thirty (30) days before trial

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is scheduled to begin.

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Pursuant to Federal Rules of Civil Procedure 6(b) and 26, and the Court’s inherent authority

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and discretion to manage its own docket, this Court has the authority to grant the requested extension.

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Fed. R. Civ. P. 6(b) (“When an act may or must be done within a specified time the court may, for

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good cause, extend the time....”); Fed. R. Civ. P. 26(a) (“A party or any person from whom discovery

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is sought may move for a protective order in the court where the action is pending . . . The court

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may, for good cause, issue an order to protect a party or person from annoyance, embarrassment,

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oppression, or undue burden or expense.”). Furthermore, Federal Rules of Civil Procedure 26(c)

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and 26(d) vest the Court with authority to limit the scope of discovery or control its sequence.

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Crawford-El v. Britton, 523 U.S. 574, 598 (1998) (“Rule 26 vests the trial judge with broad

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discretion to tailor discovery narrowly and to dictate the sequence of discovery.”).

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This Court therefore has broad discretion to extend deadlines or stay proceedings as incidental

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to its power to control its own docket – particularly where, as here, such action would promote

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judicial economy and efficiency. Bacon v. Reyes, 2013 U.S. Dist. LEXIS 143300, at *4 (D. Nev.
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Oct. 3, 2013) (citing, Munoz-Santana v. U.S. I.N.S., 742 F.2d 561, 562 (9th Cir. 1984)) (“Whether

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to grant a stay is within the discretion of the court”); Lockyer v. Mirant Corp., 398 F.3d 1098, 1109

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(9th Cir. 2005) (“A district court has discretionary power to stay proceedings in its own court.”);

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Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) (“[T]he power to stay proceedings is incidental to

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the power inherent in every court to control the disposition of the causes on its docket with economy

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of time and effort for itself, for counsel, and for litigants.”).

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For the foregoing reasons, the parties stipulate and respectfully request that this Court modify

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the Stipulated Discovery Plan and Scheduling Order, Dkt. 41, as follows (requested modifications

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are bolded):

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PROPOSED DATE

Greenberg Traurig, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, NV 89135
[phone]
[phone] (fax)

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March 8, 2021

DEADLINE

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April 5, 2021

Case-specific fact discovery closes with the exception of depositions
of Plaintiffs’ disclosed family and friend witnesses and
Defendants’ applicable territory and district managers (which
shall be taken no later than 30 days before trial is scheduled to
begin).
The Plaintiffs shall produce case-specific expert reports.

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May 3, 2021

The Defendants shall produce case-specific expert reports.

May 31, 2021

The Plaintiffs shall produce any case-specific rebuttal expert reports.

June 28, 2021

The Defendants shall produce any case-specific rebuttal expert reports.

July 26, 2021

Deadline to depose the Plaintiffs’ case-specific experts.

August 23, 2021

Deadline to depose the Defendants’ case-specific experts.

September 20, 2021

Deadline to file Daubert motions and other dispositive motions.

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IT IS SO STIPULATED.

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Dated this 12th day of February 2021.

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WETHERALL GROUP, LTD.

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/s/ Peter C. Wetherall
PETER C. WETHERALL, ESQ.
Nevada Bar No. 4414
9345 W. Sunset Road, Suite 100
Las Vegas, Nevada 89148
Email: [e-mail]

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Counsel for Plaintiffs

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By:

GREENBERG TRAURIG, LLP

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Greenberg Traurig, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, NV 89135
[phone]
[phone] (fax)

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By: /s/ Eric W. Swanis
ERIC W. SWANIS, ESQ.
Nevada Bar No. 006840
GLENN F. MEIER, ESQ.
Nevada Bar No. 006059
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Email: [e-mail]
[e-mail]
CHRISTOPHER J. NEUMANN, ESQ.*
MATTHEW L. CROCKETT, ESQ.*
GREGORY R. TAN, ESQ.*
CANDACE UDUEBOR, ESQ.*
*Admitted Pro Hac Vice
GREENBERG TRAURIG, LLP
1144 15th Street, Suite 3300
Denver, Colorado 80202
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
LORI G. COHEN, ESQ.
Admitted Pro Hac Vice
GREENBERG TRAURIG, LLP
Terminus 200
333 Piedmont Road NE, Suite 2500
Atlanta, Georgia 30305
Email: [e-mail]
Counsel for Defendants

ORDER
IT IS SO To the extent
IT IS ORDERED that the parties' stipulation is GRANTED. ORDERED. the excepted
depositions are necessary for either party's summary judgment briefing, the excepted
depositions must be taken prior to the deadline for dispositive motions.
IT IS SO ORDERED
BRENDA WEKSLER
United States Magistrate Judge
DATED: 5:35 pm, February 16, 2021
Dated this ____ day of ____ 2021.

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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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