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

Filing 28

ORDER granting 27 Stipulation to Extend Discovery; Discovery due by 6/14/2021. Motions due by 7/12/2021. Proposed Joint Pretrial Order due by 8/13/2021. Signed by Magistrate Judge Elayna J. Youchah on 2/16/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:20-cv-00949-JAD-EJY Document 28 Filed 02/16/21 Page 1 of 4

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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

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DISTRICT OF NEVADA
EDNA SANDRA BOCK-KASMINOFF, an
individual,

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

Plaintiff,
v.
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 (Second Request)

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Pursuant to LR 26-3, IT IS HEREBY STIPULATED AND AGREED, by and between

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Plaintiff, EDNA SANDRA BOCK-KASMINOFF, by and through her attorneys, KIMBALL JONES,

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ESQ. and SIRIA L. GUTIERREZ, ESQ., of BIGHORN LAW, and Defendant, WALMART, INC., by

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and through their attorneys, ROBERT K. PHILLIPS ESQ. and TIMOTHY D. KUHLS, ESQ., that the

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

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follows:
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Case 2:20-cv-00949-JAD-EJY Document 28 Filed 02/16/21 Page 2 of 4

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A.

STATEMENT SPECIFING THE DISCOVERY COMPLETED:
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);

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2.

Theparties 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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Plaintiff has responded to Defendants’ written discovery;

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Plaintiff has propounded written discovery on Defendants;

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6.

Defendant has responded to Plaintiffs’ written discovery;

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7.

Independent Medical Examination of Plaintiff;

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8.

Site inspection of Walmart Neighborhood Market #5259 (1/27/21); and

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9.

Plaintiff’s deposition (2/9/21).

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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 Jae Leonhardt 3/2/21;

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4.

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

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3/3/21;
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Potential written discovery may be propounded as follow-up to the depositions yet to

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be completed.

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6.

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 28 Filed 02/16/21 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 60-day extension of all deadlines for the following reasons:

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On January 21, 2021, after conferring with Walmart’s Counsel on the date, Plaintiff noticed

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Walmart’s FRCP 30(b)(6) deposition for February 2, 2021. On February 1, 2020, Walmart’s Counsel

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reached out to Plaintiff’s Counsel to advice that Store Manager, the appointed designee for the

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deposition the following day, was not available. The Store Manager is unavailable due to scheduling
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and ongoing inventory efforts at the store until March. Plaintiff’s expert requires the FRCP 30(b)(6)

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deposition in order to finalize his report. Additionally, a key witness for both sides has been

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subpoenaed for deposition after expert disclosures. Judicial economy and Rule 1 that the best course

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for the parties to continue forward is to continue the current deadlines.

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The parties were unable to continue the deadlines in the 21-days before the expiration of the
deadline because Plaintiff did not become aware of the need to continue the deadlines until after the

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21-day deadline had lapsed. Moreover, the parties have been diligently conducting discovery to meet
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the deadline and in anticipation of the deadline.
D.

A PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING
DISCOVERY:

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Old Deadline

New Deadline

Close of Discovery:

04/15/2021

06/14/2021

Disclosure of Experts:

02/15/2021

04/16/2021

Rebuttal of Experts:

03/18/2021

05/17/2021

Dispositive Motions:

05/13/2021

07/12/2021

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

06/14/2021

08/13/2021

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Case 2:20-cv-00949-JAD-EJY Document 28 Filed 02/16/21 Page 4 of 4

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This request is not being made for purposes of unduly delaying discovery or the trial of this matter.

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ORDER
IT IS SO ORDERED:
___________________________________
UNITED STATED MAGISTRATE JUDGE

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Dated: February 16, 2021

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Dated: 2/12/2021

Dated: _2/12/21

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 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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