Fitzpatrick v. Bernez

Filing 22

ORDER granting 19 Stipulation to Extend Discovery Deadlines. Discovery due by 3/15/2021. Motions due by 4/14/2021. Proposed Joint Pretrial Order due by 5/14/2021. Signed by Magistrate Judge Elayna J. Youchah on 10/14/2020. (Copies have been distributed pursuant to the NEF - DRS) Modified text on 10/15/2020 (SLD).

Case 2:19-cv-02174-JAD-EJY Document 22 Filed 10/14/20 Page 1 of 3

1
2
3
4
5
6
7

MATTHEW W. HOFFMANN, ESQ.
Nevada Bar No. 9061
TYLER M. CRAWFORD, ESQ.
Nevada Bar No. 10559
ATKINSON WATKINS & HOFFMANN, LLP
10789 W. Twain Ave., Suite 100
Las Vegas, NV 89135
Telephone: [phone]
Facsimile: 702-562-6066
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

RYAN VINCENT FITZPATRICK,
individually,
Plaintiff,

12
13

v.

14

KEVIN BERNEZ, individually; and DOES I
through X, inclusive; and ROE
CORPORATIONS I through V, inclusive;

15

18
19
20
21
22
23
24
25
26
27
28

STIPULATION TO EXTEND
DISCOVERY PLAN AND SCHEDULING
ORDER DEADLINES BY 90 DAYS 1ST
REQUEST
THIRD REQUEST

Defendants.

16
17

CASE NO.: 2:19-cv-02174-JAD-EJY

Pursuant to Local Rule IA 6-1 and II 26-4, Defendant Kevin Bernez and Plaintiff Ryan
Vincent Fitzpatrick, by and through their respective counsel of record, stipulate to a 90-day
extension of the following designated deadlines. This is the second request for an extension of
discovery, and it is entered in good faith without any intent to delay.
I.

DISCOVERY CONDUCTED TO DATE

1. Plaintiff has served his Initial Disclosure of Witnesses and Documents pursuant to NRCP
16.1;
2. Defendants served their Initial Disclosure of Witnesses and Documents pursuant to
NRCP 16.1;
3. Defendant propounded interrogatories and requests for production on Plaintiff, who
responded on March 31, 2020;

Case 2:19-cv-02174-JAD-EJY Document 22 Filed 10/14/20 Page 2 of 3

1

4. Plaintiff propounded interrogatories, request for admissions and requests for production

2

on Defendant, who responded on July 30, 2020;

3

5. Plaintiff’s deposition was taken on July 9, 2020.

4

II.

DISCOVERY TO BE CONDUCTED

5

1. Initial expert witness disclosures;

6

2. Rebuttal expert witness disclosures;

7

3. Deposition of Defendant;

8

4. Depositions of each party's respective experts; and

9

5. Any other discovery that may become necessary upon completion of the discovery

10

above.

11

III.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

THE REASONS THE ABOVE DISCOVERY CANNOT BE DONE
WITHING THE EXISTING DISCOVERY TIME LIMITS

This request is made for a good cause exists because both parties are in the process of
conducting discovery, some of which has been delayed by the COVID-19 pandemic and personal
matters for Defendant’s counsel. Defendant is still obtaining Plaintiff’s medical records from his
treating providers. Plaintiff needs to take Defendant’s deposition. In addition, defendant and one
witness reside in Los Angeles County, California. The COVID-19 pandemic with, additional
lockdowns in Los Angeles, has delayed required depositions until such time as they can be taken
without undue risk to the participants, including counsel who must travel from Las Vegas to Los
Angeles.
PROPOSED SCHEDULE
1.

Close of Discovery: The current deadline of December 15, 2020 shall be extended
to March 15, 2021.

2.

Amending the pleadings and/or adding parties: The current deadline of March 17,
2020, has passed and shall not be continued.

3.

Interim Status Report: The current deadline of October 15, 2020 shall be extended
to January 13, 2021.

4.

Initial Expert Disclosures: The current deadline of October 15, 2020 shall be
-2-

Case 2:19-cv-02174-JAD-EJY Document 22 Filed 10/14/20 Page 3 of 3

1

extended to January 13, 2021, which is sixty days before the proposed discovery

2

closure.

3

5.

Rebuttal Expert Disclosures: The current deadline of November 16, 2020, shall be

4

extended to February 15, 2021, which is thirty days before the proposed discovery

5

closure.

6

6.

April 14, 2021, which is thirty days after the proposed discovery closure.

7
8
9
10
11
12

Dispositive Motions: the current deadline of January 14, 2021 shall be extended to

7.

Pre-Trial Order: the joint pre-trial order is currently set to be filed by January 14,
May
2021 and shall be extended to April 14, 2021. This date will be continued in the
event any dispositive motions are filed and not yet decided by the Court.

All parties agree that the requested 90-day extension of all designated deadlines is necessary
to provide all parties times to complete discovery in this matter.

13
14
15
16

DATED: October 14, 2020

DATED: October 14, 2020

ATKINSON WATKINS & HOFFMANN,
LLP

CARMAN COONEY FORBUSH, PLLC

/s/ Tyler M. Crawford
MATTHEW W. HOFFMANN, ESQ.
Nevada Bar No. 9061
TYLER M CRAWFORD, ESQ.
Nevada Bar No. 10559
10789 W. Twain Ave., Suite 100
Las Vegas, NV 89135
Attorneys for Plaintiff

/s/ Sean D. Cooney
SEAN D. COONEY, ESQ.
Nevada Bar No. 12945
BENJAMIN J. CARMAN, ESQ.
Nevada Bar No. 12565
4045 Spencer Street, Ste. A47
Las Vegas, NV 89119
Attorneys for Defendant Bernez

17
18
19
20
21
22
23

IT IS SO ORDERED.

24
25
26
27

________________________________
U.S. MAGISTRATE JUDGE
Dated: October 14, 2020

28
-3-