Lamb v. Target Corporation

Filing 19

ORDER granting 18 Stipulation to Extend Discovery Deadlines. Discovery due by 4/5/2021. Motions due by 5/4/2021. Proposed Joint Pretrial Order due by 6/3/2021. Signed by Magistrate Judge Cam Ferenbach on 10/16/2020. (Copies have been distributed pursuant to the NEF - DRS)

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LOREN S. YOUNG, ESQ.
Nevada Bar No. 7567
CAROLINE ROSKE REILLY, ESQ.
Nevada Bar No. 13236
LINCOLN, GUSTAFSON & CERCOS, LLP
ATTORNEYS AT LAW
3960 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant, TARGET CORPORATION

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PATRIC LAMB,

Plaintiff,

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CASE NO.: 2:20-cv-00514-GMN-VCF

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

v.

(First Request)

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TARGET CORPORATION, a Foreign
Corporation; DOES 1-20, and ROE BUSINESS
ENTITIES 1-20,
Defendants.

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Plaintiff, PATRIC LAMB, by and through his attorney of record, RICHARD HARRIS,

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ESQ., CHARLES S. JACKSON, ESQ. of the RICHARD HARRIS LAW FIRM; and Defendant,

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TARGET CORPORATION, by and through its attorneys of record, LOREN S. YOUNG,

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ESQ., and CAROLINE R. REILLY, ESQ. of the law firm LINCOLN, GUSTAFSON &

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CERCOS, LLP, hereby stipulate and request that the Court extend the discovery and dispositive

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motion deadlines by approximately one hundred and twenty (120) days. This extension is not sought

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for the purpose of delay or for any other untoward purpose. This stipulation is based on the fact that

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additional time is necessary to conduct discovery; the majority of which relates to the COVID-19

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directives. This is the parties’ first request1 to extend any discovery and dispositive motion deadlines

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in this matter.

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Pursuant to Local Rule 26-4, the parties state as follows:

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I.

DISCOVERY COMPLETED TO DATE

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a. The parties conducted the Fed. R. Civ. P. 26(f) conference.

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b. The parties have exchanged initial disclosures of documents and lists of witnesses

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and supplements thereto.

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c. Defendant has propounded requests for production of documents and interrogatories

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on Plaintiff. Plaintiff has responded to these requests.

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d. Plaintiff has propounded requests for production of documents, requests for

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admission, and interrogatories on Defendant. Defendant has responded to these

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requests.

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e. Plaintiff has served his First Supplemental Disclosure of Witnesses and Documents

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pursuant to FRCP 26.

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f. Plaintiff has served his Second Supplemental Disclosure of Witnesses and

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Documents pursuant to FRCP 26.

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g. Plaintiff has served his Third Supplemental Disclosure of Witnesses and Documents

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pursuant to FRCP 26.

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h. Target has served its First Supplement to its Disclosures Pursuant to FRCP 26(a)(1).

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i. Target has served its Second Supplement to its Disclosures Pursuant to FRCP

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26(a)(1).

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j. Target has served its Third Supplement to its Disclosures Pursuant to FRCP

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26(a)(1).

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k. Target disclosed Dr. Timothy Sutherland as an expert witness. Dr. Sutherland could

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not provide complete opinions because of the lack of pre-accident records and lack

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of SSD records. The lockdowns and closings related to the COVID-19 pandemic

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Target inadvertently filed a stipulation regarding discovery (ECF No. 12) as a stipulation for extension of time.

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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (1 st Request)

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have created a situation where obtaining records is difficult, if not near impossible,

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especially government records.

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l. Target has subpoenaed documents from the US Social Security Administration.

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m. Target set the deposition of Plaintiff for October 28, 2020.

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II.

DISCOVERY TO BE COMPLETED

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a.

Deposition of Plaintiff and medical examination pursuant to FRCP 35.

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b.

Deposition of Rule 30(b)(6) designee(s) of TARGET.

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c.

Depositions of Plaintiff’s treating physicians.

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d.

Disclosure of expert witnesses and rebuttal.

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e. Depositions of fact witnesses.

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f. Depositions of expert witnesses.

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g. Additional written discovery.

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h. Supplemental responses to written discovery.

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i. Other discovery as necessary.

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The above list is made without prejudice to the parties’ ability to conduct additional discovery
consistent with the Federal Rules of Civil Procedure.
III.

REASONS WHY THE DEADLINES WERE NOT AND CANNOT BE COMPLETED
WITHIN THE CURRENT SCHEDULE
As evidenced by the foregoing, the necessary discovery has commenced. Pursuant to Local

Rule 26-4, the parties submit they have excusable neglect to extend the initial expert disclosure deadline
as the parties have experienced severe delays due to the COVID-19 pandemic. The lockdowns and
closings related to the COVID-19 pandemic have created a situation where obtaining records is
difficult, if not near impossible, especially governmental records. Until such time that both parties have
received Plaintiff’s complete medical and disability records, the parties’ experts cannot conduct a
complete medical records review and/or a Rule 35 medical examination and prepare expert reports.
Consequently, additional time is necessary in order to complete the parties’ expert disclosures and
remaining discovery. Furthermore, given the current restriction on travel and/or personal contact
necessitated by the COVID-19 pandemic, it is anticipated that most of the remaining discovery will not
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (1 st Request)

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reasonably be able to occur for several months. Specifically, the variation of stay at home orders from

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state to state has frustrated travel in conducting certain fact witness depositions, party depositions, and

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Rule 35 examinations.

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The parties have also met and conferred regarding Plaintiff’s social security disability records

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and Plaintiff has agreed to provide Target with the SSA Consent for Release of Information Form. The

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parties agree that this request is not made for the purpose of delay, but to ensure a just adjudication of

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the case on the merits, and that neither party will be prejudiced by the requested extension.

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IV.

PROPOSED SCHEDULE
WHEREFORE, the parties respectfully request that this Court extend discovery deadlines as

follows:
EVENT
Discovery Deadline
Initial Expert Disclosure
Rebuttal Expert Disclosure
Dispositive Motions
Pretrial Order

CURRENT DEADLINE
12/04/2020
10/05/2020
11/04/2020
01/04/2021
02/03/2021

PROPOSED DEADLINE
04/05/2021
02/02/2021
03/04/2021
05/04/2021
06/03/2021

DATED this 13th day of October, 2020.

DATED this 13th day of October, 2020.

RICHARD HARRIS LAW FIRM

LINCOLN, GUSTAFSON & CERCOS, LLP

/s/ Charles S. Jackson
__________________________
CHARLES S. JACKSON, ESQ.
Nevada Bar No. 13158
801 S. Fourth Street
Las Vegas, Nevada 89101
Attorneys for Plaintiff

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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.

/s/ Caroline R. Reilly
____________________________
LOREN S. YOUNG, ESQ.
Nevada Bar No. 7567
CAROLINE ROSKE REILLY, ESQ.
Nevada Bar No. 13236
3960 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169
Attorneys for Defendant

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IT IS SO ORDERED

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v:\k-o\lamb_target\atty notes\drafts\pldgs\20201013_SAO Extend (1 st)_crr.docx

________________________________
United States Magistrate Judge
Dated:__________________________
Dated the 16th day of October, 2020.

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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (1 st Request)