Herrera v. Aramark Services, Inc.

Filing 29

ORDER Granting 28 Stipulation Subject to Modification by the Court. Discovery due by 2/2/2022. Motions due by 3/7/2022. The Joint Pretrial Order deadline is modified to 4/6/2022. If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order. Signed by Magistrate Judge Daniel J. Albregts on 9/9/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:19-cv-01594-GMN-DJA Document 28 Filed 09/02/21 Page 1 of 6
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DILLON G. COIL, ESQ.
Nevada Bar No. 11541
WILLIAM T. MARTIN, ESQ.
Nevada Bar No. 2534
GGRM LAW FIRM
2770 S. Maryland Parkway, Suite 100
Las Vegas, NV 89109
Phone: [phone] ~ Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA, SOUTHERN DIVISION

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RAUL HERRERA, individually;
Plaintiff,

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vs.

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(SIXTH REQUEST)

ARAMARK SERVICES, INC., a foreign
corporation; DOES I through V; and ROE
BUSINESS ENTITIES I through V,
inclusive,

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CASE NO.: 2:19-cv-01594-GMN-DJA

Defendants.

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Pursuant to LR 26-3 and the scheduling order (Doc. 15) in this matter, Plaintiff, RAUL

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HERRERA, by and through his attorneys of record, GGRM Law Firm, and Defendant
ARAMARK CORRECTIONAL SERVICES, LLC, incorrectly named in the complaint as
ARAMARK SERVICES, INC., (collectively “the Parties”) by and through its attorneys,
LEWIS BRISBOIS BISGAARD & SMITH LLP (collectively “the Parties”) hereby
respectfully submit their Stipulation and Order to Extend Time for Discovery (Sixth Request)
pursuant Rules 6(b) and 26(f) of the Federal Rules of Civil Procedure and LR IA 6-1 and LR
26-3.
This is the Parties’ Sixth Request for an Extension of Time and the same is not brought
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for purposes of delay, but rather for the purposes of allowing Plaintiff and Defendant to further

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pursue settlement negotiations and allow their experts more time to prepare their expert

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reports. Furthermore, Plaintiff had shoulder surgery on January 13, 2021 and is currently

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recuperating from that surgery.

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This stipulation is brought in compliance with LR 26-3 as it is filed more than 20 days

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before the expiration of Plaintiff’s Initial Expert Disclosure deadline. Due to certain

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complexities in this case, and in particular, the ongoing COVID-19 pandemic and resulting

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governmental and Court precautionary restrictions, the parties jointly request a 90-day

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extension of the deadline for plaintiff’s initial expert disclosure, defendant’s initial expert

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disclosures, rebuttal expert disclosures, and deadline to file motion(s) to add parties or amend

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pleadings as detailed herein.

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REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETE
WITHIN THE DEADLINES CONTAINED IN THE DISCOVERY SCHEDULING
ORDER

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The extension is sought for the following reasons:

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The parties have conducted discovery in a reasonable manner, however, although

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certain restrictions have been lifted, the COVID-19 environment has slowed down the normal

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time it takes to conduct discovery as people are working from home and related issues that

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negatively impact the situation. Furthermore, as previously discussed, Plaintiff had shoulder

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surgery on January 13, 2021 which he alleges was injured as a result of the subject incident

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and he is still recuperating. Additional time is needed by both parties to further develop their

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cases as well as attempt to resolve the case as they have recently had more substantive

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settlement negotiations.

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IT IS HEREBY STIPULATED AND AGREED to by the Parties that the discovery

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deadlines in this matter be continued for a period of 90 days to allow the parties additional

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time to have settlement discussions, for discovery to be completed, to retain and disclose

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experts. This additional time will also account for the ongoing COVID-19 preventative

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restrictions and any potential future preventative actions taken by federal, state and local

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governments should they be implemented.

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STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN COMPLETED.
1. The parties participated in the Fed.R.Civ.P 26(f) conference; Parties have made their
disclosures and supplements pursuant to Fed.R. Civ. P. 26.1(a)(1);
2. Defendant propounded written discovery to Plaintiff.
3. Plaintiff responded to Defendant’s written discovery.
4. Plaintiff propounded written discovery to Defendant.
5. Defendant responded to Defendant’s written discovery.
6. Defendant deposed Plaintiff on January 4, 2021.
7. Plaintiff deposed Bryan Inmon on January 22, 2021.
8. Plaintiff deposed Defendant’s FRCP 30(b)(6) witness on February 9, 2021.
9. Defendant deposed a detention center deputy that witnessed the subject incident on
February 11, 2021.
10. Defendant deposed Plaintiff’s workers compensation treating physician on February 24,
2021.
11. Site inspections were completed on May 4, 2021.
12. Plaintiff deposed Jamie Perez Verdin on August 23, 2021.
SPECIFIC DESCRIPTON OF DISCOVERY THAT REMAINS TO BE DONE
1. Designation of expert witnesses;
2. Designation of rebuttal expert witnesses;
3. Fact and witness depositions;
4. Plaintiff’s treating physicians’ depositions;
5. Expert witnesses’ depositions; and
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Such other discovery as is permitted.

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The Parties are diligently moving forward with discovery. The current deadline for

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Plaintiff’s Initial Disclosure of Experts is October 5, 2021. Accordingly, this request is being

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brought more than 21 days prior to that date. Here, good cause exists because the parties have

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been diligent in conducting discovery. However, additional time is needed for the parties to

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engage in settlement discussions, to complete discovery, to account for the current COVID-

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19 environment and ongoing protective measures and for Plaintiff to further recuperate from

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his January 13, 2021 surgery.

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PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY

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As a result of the above, it is requested that the discovery deadlines be continued 90

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days from their present deadlines as follows:

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PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY

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

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01/03/2022

Defendant’s Initial Expert Disclosure

11/03/2021

02/01/2022

Rebuttal Expert Disclosure

12/07/2021

03/07/2022

Discovery Cut-off

11/04/2021

02/02/2022

Dispositive Motions

12/06/2021

03/07/2022

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10/05/2021

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Plaintiff’s Initial Expert

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01/03/2022

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10/05/2021

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Amend Pleadings/Add Parties

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Joint Pretrial Order

03/07/2022

06/06/2022

///

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CONCLUSION

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Based on the foregoing the Parties respectfully request that this Honorable Court
approve this Sixth Stipulation to Extend the Time for Discovery.
DATED this 2nd day of September, 2021.

DATED this 2nd day of September, 2021.

GGRM LAW FIRM

LEWIS BRISBOIS BISGAARD &
SMITH LLP
/s/ Steven L. Foremaster
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JAMES E. MURPHY, ESQ.
Nevada Bar No. 8586
STEVEN L. FOREMASTER, ESQ.
Nevada Bar No. 10350
6385 S. Rainbow Blvd., Suite 600
Las Vegas, NV 89118
Attorneys for Defendant

/s/ William T. Martin
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DILLON G. COIL, ESQ.
Nevada Bar No. 11541
WILLIAM T. MARTIN, ESQ.
Nevada Bar No. 1494
2700 S. Maryland Pkwy, Ste. 100
Las Vegas, NV 89109
Attorneys for Plaintiff

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ORDER
ORDER Based upon the Stipulation of the Parties hereto, and with good cause
IT IS SO therefore, IT IS HEREBY ORDERED, that the Stipulation to Extend Discovery is
appearing ORDERED subject to the following modification. The Joint Pretrial Order
deadline is April 6, 2022. If dispositive motions are filed, the deadline for filing the
joint pretrial order will be suspended until 30 days after decision on the dispositive
hereby granted.
motions or further court order.
DATED: this _______ day of September, 2021.
DATED this 9th day of September, 2021.
_____________________________________________

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Respectfully submitted by

______________________________________
UNITED STATES DISTRICT JUDGE
Daniel J. Albregts
United States Magistrate Judge

GGRM LAW FIRM

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/s/ William T. Martin
___________________________________
DILLON G. COIL, ESQ.
Nevada Bar No. 11541
WILLIAM T. MARTIN, ESQ.
Nevada Bar No. 1494
2700 S. Maryland Pkwy, Ste. 100
Las Vegas, NV 89109

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Attorneys for Plaintiff

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Case 2:19-cv-01594-GMN-DJA Document 28-1 Filed 09/09/21 Page 71of 82
Case 2:19-cv-01594-GMN-DJA Document 29 Filed 09/02/21 Page of
Gianna Mosley
From:
Sent:
To:
Cc:
Subject:

Foremaster, Steven <[e-mail]>
Tuesday, August 31, 2021 11:03 AM
Gianna Mosley
Rebeca Guardado; Will Martin; Murphy, James; Foremaster, Steven
RE: Herrera vs. Aramark - SAO to Extend Deadlines

Hi Gianna,
We are ok with the dates in the draft SAO. You can use either Mr. Murphy’s or my e-signature to submit to the Court.
Foremaster

Steven L. Foremaster
Attorney
[e-mail]
T: 702.693.4304 F: 702.893.3789
6385 South Rainbow Blvd., Suite 600, Las Vegas, NV 89118 | LewisBrisbois.com
Representing clients from coast to coast. View our locations nationwide.
This e-mail may contain or attach privileged, confidential or protected information intended only for the use of the intended recipient. If you are not the
intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to notify the sender, then
delete this email and any attachment from your computer and any of your electronic devices where the message is stored.

From: Gianna Mosley <[e-mail]>
Sent: Monday, August 30, 2021 10:03 AM
To: Foremaster, Steven <[e-mail]>
Cc: Rebeca Guardado <[e-mail]>; Will Martin <[e-mail]>
Subject: [EXT] RE: Herrera vs. Aramark - SAO to Extend Deadlines
Caution:This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.*

Good morning Counsel,
I am kindly following up regarding the SAO.
Kind regards,
Gianna Mosley
Litigation Assistant
O: 702.384.1616 | F: 702.384.2990 | www.ggrmlawfirm.com
2770 S. Maryland Pkwy., Ste. 100 Las Vegas, NV 89109
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Case 2:19-cv-01594-GMN-DJA Document 28-1 Filed 09/09/21 Page 82of 82
Case 2:19-cv-01594-GMN-DJA Document 29 Filed 09/02/21 Page of

From: Gianna Mosley
Sent: Friday, August 27, 2021 11:46 AM
To: '[e-mail]' <[e-mail]>
Cc: Rebeca Guardado <[e-mail]>; Will Martin <[e-mail]>
Subject: FW: Herrera vs. Aramark - SAO to Extend Deadlines
Good morning Counsel,
Please review the attached SAO to Extend Deadlines. Please let us know of any revisions and if we may affix your esignature.
Kind regards,
Gianna Mosley
Litigation Assistant
O: 702.384.1616 | F: 702.384.2990 | www.ggrmlawfirm.com
2770 S. Maryland Pkwy., Ste. 100 Las Vegas, NV 89109

* * * This e-mail and any attachments may contain confidential and privileged information. If you are not the intended
recipient, please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any
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