Bock-Kasminoff v. Walmart, Inc., et al

Filing 26

ORDER granting 25 Stipulation to Extend Discovery deadlines (First Request). Discovery due by 4/15/2021. Motions due by 5/13/2021. Proposed Joint Pretrial Order due by 6/14/2021. Signed by Magistrate Judge Elayna J. Youchah on 11/17/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:20-cv-00949-JAD-EJY Document 26 Filed 11/17/20 Page 1 of 4

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SAO
KIMBALL JONES, ESQ.
Nevada Bar No.: 12982
SIRIA L. GUTIERREZ, ESQ.
Nevada Bar No.: 11981
BIGHORN LAW
2225 E. Flamingo Road
Building 2, Suite 300
Las Vegas, NV 89119
Phone: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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EDNA SANDRA BOCK-KASMINOFF, an
individual,

Case No.: 2:20-cv-00949-JAD-EJY

Plaintiff,
v.

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WALMART, INC., a Foreign Corporation DBA
WALMART SUPERCENTER #5259; DOE
STORE MANAGERS I through X; DOE
STORE ASSOCIATES I through X; DOE
MAINTENANCE ASSOCIATES I through X;
DOE JANITORIAL ASSOCIATES I through
X; DOES I - X; ROE MAINTENANCE
COMPANIES XI through XX; inclusive, jointly
and severally,

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Defendants.

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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (First Request)
Pursuant to LR 26-3, IT IS HEREBY STIPULATED AND AGREED, by and between
Plaintiff, EDNA SANDRA BOCK-KASMINOFF, by and through her attorneys, KIMBALL JONES,
ESQ. and SIRIA L. GUTIERREZ, ESQ., of BIGHORN LAW, and Defendant, WALMART, INC., by
and through their attorneys, ROBERT K. PHILLIPS ESQ. and TIMOTHY D. KUHLS, ESQ., that the

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Case 2:20-cv-00949-JAD-EJY Document 26 Filed 11/17/20 Page 2 of 4

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discovery deadlines and continuance of trial is sought by all parties to this litigation be extended as
follows:
A.

STATEMENT SPECIFING THE DISCOVERY COMPLETED:

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The following discovery has been completed by the parties:

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1.

The parties have produced initial disclosures pursuant to FRCP Rule 26(a)(1)(A);

2.

The parties have provided supplemental disclosures pursuant to FRCP Rule

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26(a)(1)(A);

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3.

Defendants have propounded written discovery on Plaintiffs;

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4.

Plaintiffs have responded to Defendants’ written discovery;

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5.

Plaintiffs have propounded written discovery on Defendants;

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6.

Defendants have responded to Plaintiffs’ written discovery; and

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7.

Independent Medical Examination of Plaintiff.

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B.

A SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE

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COMPLETED:

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1.

Designation of experts by both parties;

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2.

Depositions of experts;

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3.

Deposition of Plaintiff;

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4.

Depositions of Defendant’s N.R.C.P. 30(b)(6) Witness(es);

5.

Site inspection of Defendants’ premises [TBD – January 2021];

6.

Potential written discovery may be propounded as follow-up to the depositions yet to

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be completed.

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7.

Any other discovery which may be determined as relevant and necessary by the parties;
and

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Case 2:20-cv-00949-JAD-EJY Document 26 Filed 11/17/20 Page 3 of 4

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C.

THE REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED
WITHIN THE TIME LIMITS SET BY THE DISCOVERY ORDER:

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The parties request a 90-day extension of all deadlines for the following reasons:

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First, Plaintiff’s counsel tested positive for COVID-19 on November 9, 2020. As such, she

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remains unavailable to prepare expert disclosures pleadings and disclose expert opinions.

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Accordingly, Plaintiff’s counsel’s recent diagnosis is also why the parties could not file this request
before 21-days before the deadline expired. Defendant’s counsel was put on notice of the diagnosis
on November 13, 2020 and understands with the current uptick in reported cases, that the health and
safety of Plaintiff’s counsel comes first.

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This recent diagnosis was the most recent for Plaintiff’s trial team although it should be noted

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the team has been struggling with COVID-19 diagnosis, treatment, isolation, and recovery since mid-

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October 2020, but did not anticipate it overtaking the entire trial team for this matter.

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Additionally, Defendant Walmart is entering a black-out period from now until the end of the
holiday season. As a result, Plaintiff anticipates not being able to conduct a site inspection due to both
the black-out period and additional safety precautions with COVID-19 regarding the amount of
people from the public that will be allowed on location until January 2021 at the earliest.
D.

A PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING
DISCOVERY:

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Old Deadline

New Deadline

Close of Discovery:

01/15/2021

04/15/2021

Disclosure of Experts:

11/16/2020

02/15/2021

Rebuttal of Experts:

12/18/2020

03/18/2021

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Dispositive Motions:

02/12/2021

05/13/2021

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Pretrial Order and FRCP
26(a)(3) Disclosures:

03/16/2021

06/14/2021

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Case 2:20-cv-00949-JAD-EJY Document 26 Filed 11/17/20 Page 4 of 4

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Per the foregoing, the Parties and each’s respective counsel agree that a site inspection will occur

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pursuant to FRCP 34 pending changes to COVID-19 restrictions by January 31, 2021 and so long as duly

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noticed by counsel. The parties agree not to hire or retain any affirmative experts in this matter from

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November 17, 2020 to February 15, 2021 aside from Plaintiff’s liability expert who resides in California

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and has been unable to perform a site inspection due to COVID concerns. This request is not being made
for purposes of unduly delaying discovery or the trial of this matter. This request is made in good faith
and with excusable neglect as to the unanticipated events that have transpired at Plaintiff’s counsel’s firm.
Dated: 11/16/2020

Dated: _11/16/2020

BIGHORN LAW

PHILLIPS SPALLAS & ANGSTADT LLC

/s/ Siria L. Gutiérrez
KIMBALL JONES, ESQ.
Nevada Bar No.: 12982
SIRIA L. GUTIERREZ, ESQ.
Nevada Bar No.: 11981
2225 E. Flamingo Road
Building 2, Suite 300
Las Vegas, Nevada 89119
Attorneys for Plaintiff

/s/ Timothy D. Kuhls_____
ROBERT K. PHILLIPS, ESQ.
Nevada Bar No. 11441
TIMOTHY D. KUHLS, ESQ.
Nevada Bar No. 13362
504 South Ninth Street
Las Vegas, NV 89101
Attorneys for Defendants

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ORDER

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IT IS SO ORDERED:
____________________________________
UNITED STATED MAGISTRATE JUDGE

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Dated: November 17, 2020

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