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)

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Case 2:20-cv-00949-JAD-EJY Document 26 Filed 11/17/20 Page 1 of 4 1 2 3 4 5 6 7 8 9 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: (702) 333-1111 Email: Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 11 12 13 14 EDNA SANDRA BOCK-KASMINOFF, an individual, Case No.: 2:20-cv-00949-JAD-EJY Plaintiff, v. 19 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, 20 Defendants. 15 16 17 18 21 22 23 24 25 26 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 27 28 Page 1 of 4 Case 2:20-cv-00949-JAD-EJY Document 26 Filed 11/17/20 Page 2 of 4 1 2 3 discovery deadlines and continuance of trial is sought by all parties to this litigation be extended as follows: A. STATEMENT SPECIFING THE DISCOVERY COMPLETED: 4 The following discovery has been completed by the parties: 5 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 6 7 26(a)(1)(A); 8 3. Defendants have propounded written discovery on Plaintiffs; 10 4. Plaintiffs have responded to Defendants’ written discovery; 11 5. Plaintiffs have propounded written discovery on Defendants; 12 6. Defendants have responded to Plaintiffs’ written discovery; and 13 7. Independent Medical Examination of Plaintiff. 9 14 B. A SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE 15 COMPLETED: 16 1. Designation of experts by both parties; 18 2. Depositions of experts; 19 3. Deposition of Plaintiff; 20 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 17 21 22 23 be completed. 24 25 26 7. Any other discovery which may be determined as relevant and necessary by the parties; and 27 28 Page 2 of 4 Case 2:20-cv-00949-JAD-EJY Document 26 Filed 11/17/20 Page 3 of 4 1 C. THE REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCOVERY ORDER: 2 3 The parties request a 90-day extension of all deadlines for the following reasons: 4 First, Plaintiff’s counsel tested positive for COVID-19 on November 9, 2020. As such, she 5 remains unavailable to prepare expert disclosures pleadings and disclose expert opinions. 6 7 8 9 10 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. 11 This recent diagnosis was the most recent for Plaintiff’s trial team although it should be noted 12 the team has been struggling with COVID-19 diagnosis, treatment, isolation, and recovery since mid- 13 October 2020, but did not anticipate it overtaking the entire trial team for this matter. 14 15 16 17 18 19 20 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: 21 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 26 Dispositive Motions: 02/12/2021 05/13/2021 27 Pretrial Order and FRCP 26(a)(3) Disclosures: 03/16/2021 06/14/2021 22 23 24 25 28 Page 3 of 4 Case 2:20-cv-00949-JAD-EJY Document 26 Filed 11/17/20 Page 4 of 4 1 2 Per the foregoing, the Parties and each’s respective counsel agree that a site inspection will occur 3 pursuant to FRCP 34 pending changes to COVID-19 restrictions by January 31, 2021 and so long as duly 4 noticed by counsel. The parties agree not to hire or retain any affirmative experts in this matter from 5 November 17, 2020 to February 15, 2021 aside from Plaintiff’s liability expert who resides in California 6 7 8 9 10 11 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 12 13 14 15 16 17 18 19 20 21 ORDER 22 23 IT IS SO ORDERED: ____________________________________ UNITED STATED MAGISTRATE JUDGE 24 25 Dated: November 17, 2020 26 27 28 Page 4 of 4

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