Chism v. Costco Wholesale Corporation
Filing
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ORDER granting 22 Stipulation for Extension of time; Discovery due by 8/20/2021. Motions due by 9/21/2021. Proposed Joint Pretrial Order due by 10/25/2021. Signed by Magistrate Judge Brenda Weksler on 4/27/2021. (Copies have been distributed pursuant to the NEF - DRS)
Case 2:20-cv-00967-JAD-BNW Document 22 Filed 04/23/21 Page 1 of 9
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Edgar Carranza, Esq.
Nevada State Bar No. 5902
Jacquelyn Franco, Esq.
Nevada State No. 13484
BACKUS, CARRANZA & BURDEN
3050 S. Durango Drive
Las Vegas, NV 89117
(702) 872-5555
(702) 872-5545 facsimile
ecarranza@backuslaw.com
Attorneys for Defendant
COSTCO WHOLESALE CORPORATION
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UNITED STATES DISTRICT COURT
3050 SOUTH DURANGO
LAS VEGAS, NEVADA 89117
TELE: (702) 872-5555 FAX: (702) 872-5545
BACKUS, CARRANZA & BURDEN
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DISTRICT OF NEVADA
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MICHELLE CHISM,
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Plaintiffs,
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vs.
COSTCO WHOLESALE CORPORATION,
DOES I – V; ROE CORPORATINS I - X;
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Defendants.
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) Case No. 2:20-CV-967-JAD-BNW
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STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN
AND SCHEDULING ORDER
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(Fourth Request)
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Plaintiff, MICHELLE CHISM, by and through counsel, Peter Angulo, Esq. of the Angulo
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Law Group, LLC, and Defendant, COSTCO WHOLESALE CORPORATION, by and through
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counsel, Edgar Carranza, Esq. of the law firm BACKUS, CARRANZA & BURDEN, hereby submit the
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instant stipulation and order to extend the Discovery Plan and Scheduling Order pursuant to Local
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Rule II 26-4 as follows:
Case 2:20-cv-00967-JAD-BNW Document 22 Filed 04/23/21 Page 2 of 9
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I.
GOOD CAUSE SUPPORTING THE EXTENSION.
The parties come to this Court seeking a fourth extension of the Discovery Plan and
Scheduling Order governing this case. And while the parties appreciate that this Court has
previously indicated that “it is not inclined to grant any additional discovery extensions absent
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extraordinary circumstances establishing good cause” the parties unanimously agree that such
circumstances exist in this case so as to warrant the requested extension.
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As this Court is well aware, this lawsuit involves allegations that Plaintiff, MICHELLE
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CHISM (hereinafter referred to as “Plaintiff” or “Ms. Chism”) fell due to an unspecified condition
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she encountered while walking down an aisle. The fall resulted in very serious injuries to Plaintiff
3050 SOUTH DURANGO
LAS VEGAS, NEVADA 89117
TELE: (702) 872-5555 FAX: (702) 872-5545
BACKUS, CARRANZA & BURDEN
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including traumatic brain injury with cognitive deficits, fractures to her left orbital bone, nasal
fracture, bilateral subarachnoid hemorrhages, tentorial subdural hemorrhage for which she was
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transported to University Medical Center where she was admitted and remained for 28 days.
On May 11, 2020, Plaintiff filed her Complaint against Costco in the Eighth Judicial
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District Court for Clark County, Nevada. On May 28, 2020, Defendant, COSTCO WHOLESALE
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CORPORATION (hereinafter referred to as “Costco”) filed its Answer denying Plaintiff’s
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allegations and denying all liability for the fall and removed the matter to this Court based on
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diversity jurisdiction.
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The parties participated in the Fed. R. Civ. P. 26(f) conference on July 2, 2020 and the
stipulated Discovery Plan and Scheduling Order was entered by this Court on August 12, 2020.
The parties also submitted, and on September 21, 2020 this Court entered, the Stipulated
Confidentiality Agreement and Protective Order providing protections for information and
material deemed confidential by Costco to help facilitate the exchange of this material during
discovery. This agreed upon protective order took several weeks to negotiate and agree to.
Since then, the parties have ben engaged in discovery. Initially, they exchanged their
respective Fed. R. Civ. P. 26 disclosures. Next, the parties each served a first set of written
discovery requests to each other which have been responded to. Discovery disputes emerged from
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Case 2:20-cv-00967-JAD-BNW Document 22 Filed 04/23/21 Page 3 of 9
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3050 SOUTH DURANGO
LAS VEGAS, NEVADA 89117
TELE: (702) 872-5555 FAX: (702) 872-5545
BACKUS, CARRANZA & BURDEN
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the initial wave of written responses, which the parties addressed via a sincere efforts conference
and which was successful in resolving the same without the intervention of this Court. As a result,
supplemental responses have been served.
A second set of written discovery has been served by Costco to Plaintiff for which
responses are due next month. The second set of discovery is intended to follow up on and secure
additional information based on the responses to the initial set of written discovery and the
testimony from the parties secured via their respective depositions.
The deposition of Costco Rule 30(b)(6) designee on 19 different topics was taken by
Plaintiff. In addition, Plaintiff took the depositions of Costco Administrative Manager, Michael
Le, Costco Night Floor Manager, Mark Mans and Costco Front End Supervisor, Taylor Price.
Costco has completed the comprehensive deposition of Plaintiff and has noticed the
deposition of Plaintiff’s boyfriend, Eddiee Diaz, who was with Plaintiff at the Costco warehouse
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on the day of the fall. Costco is also in the process of noticing the depositions of Plaintiff’s sister,
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Jaime Burns and her three daughters.
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The shut down and subsequent limitations brought on by the COVID 19 pandemic initial
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led to some delays in the parties’ respective ability to participate in the deposition process. Since
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those initial delays, the parties have diligently begun deposing the parties and witnesses involved.
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Moreover, this is a significant personal injury matter that will require significant effort by
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both parties. Plaintiff has already identified over $254,000.00 in past medical expenses, unknown
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future medical expenses, unknown past wage loss claim and unknown future wage loss claim, to
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name some of the damage components identified thus far. Significant effort will be required to
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address each of the damage components, and the liability portion of this case.
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Finally, the fruits of the discovery completed thus far has resulted in the parties beginning
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to discuss a potential resolution to this case. Additional time granted by this Court will further
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facilitate the discussions.
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As the parties are only several months into the discovery process and have meaningfully
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committed themselves to move discovery forward as expediently as possible, good cause exists to
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extend the current Discovery Plan and Scheduling Order to allow the parties to continue to move
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Case 2:20-cv-00967-JAD-BNW Document 22 Filed 04/23/21 Page 4 of 9
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this case forward. Added to the above good cause is the fact that this case is less than 12 months
from its initial filing and no unwarranted delay has been experienced, especially considering the
overlay of the COVID-19 pandemic on top of this case.
II.
DISCOVERY COMPLETED TO DATE.
In accordance with LR II 26-4(a), the Parties provide the following statement of discovery
completed to date:
A.
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1.
3050 SOUTH DURANGO
LAS VEGAS, NEVADA 89117
TELE: (702) 872-5555 FAX: (702) 872-5545
Plaintiff’s First Set of Requests for Admission to Costco served 08-12-20.
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Plaintiff’s First Set of Requests for Production to Costco served 08-12-20.
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Plaintiff’s First Set of Interrogatories to Costco served 08-12-20.
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Plaintiff’s FRCP 26 initial disclosures served 08-03-20.
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BACKUS, CARRANZA & BURDEN
Plaintiff’s Discovery.
Plaintiff’s Answers to Costco’s First Set of Interrogatories served on 12-07-
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Plaintiff’s Responses to Costco’s Request for Production served on 12-0720.
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Plaintiff’s Supplemental Answers to Costco’s First Set of Interrogatories
served on 04-09-21.
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Plaintiff’s Supplemental Responses to Costco’s First Set of Requests for
Production served on 04-09-21.
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Deposition of Costco Administrative Manager, Michael Le taken on 03-2421.
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Deposition of Costco’s Rule 30(b)(6) designee taken on 03-25-21.
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Deposition of Costco Night Floor Manager, Mark Mans taken on 03-26-21.
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Deposition of Costco Front End Supervisor, Taylor Price taken on 03-26-
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B.
Defendant’s Discovery.
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Costco’s FRCP 26 initial disclosures served 10-14-20.
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2.
Costco’s First Set of Interrogatories to Plaintiff served 10-19-20.
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Case 2:20-cv-00967-JAD-BNW Document 22 Filed 04/23/21 Page 5 of 9
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Costco’s Answers to Plaintiff’s First Set of Interrogatories served 10-19-20.
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Costco’s First Set of Requests for Production to Plaintiff served 10-19-20.
Costco’s Responses to Plaintiff’s First Set of Requests for Production
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served 10-19-20.
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served 10-19-20.
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Costco’s Supplemental Answers to Plaintiff’s First Set of Interrogatories
served on 01-08-21.
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3050 SOUTH DURANGO
LAS VEGAS, NEVADA 89117
TELE: (702) 872-5555 FAX: (702) 872-5545
Costco’s Supplemental Responses to Plaintiff’s First Set of Request for
Production served on 01-08-21.
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BACKUS, CARRANZA & BURDEN
Costco’s Responses to Plaintiff’s First Set of Requests for Admissions
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Costco secured independent copies of Plaintiff’s medical records via the
depositions of custodian of records for each medical provider from January
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through March 2021.
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Costco’s First Supplement to FRCP 26 disclosures served on 03-25-21.
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Costco’s Second Supplement to FRCP 26 disclosures served o 04-21-21.
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Deposition of Plaintiff taken on 04-21-21.
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Costco’s Second Set of Interrogatories to Plaintiff served on 04-23-21.
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Costco Second Set of Requests for Production to Plaintiff served 04-23-21.
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Costco is securing independent copies of Plaintiff’s employment records,
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tax records, 911 Emergency records and counseling records via custodian of
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records depositions for the entities involved noticed on 04-22-21.
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III.
DISCOVERY REMAINING TO BE COMPLETED.
In accordance with LR II 26-4(b), the Parties provide the following statement of discovery
remaining to be completed:
A.
Plaintiff’s remaining discovery.
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Plaintiff must designate initial experts and produce the required report and
materials.
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Plaintiff must designate rebuttal experts and produce the required report and
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Case 2:20-cv-00967-JAD-BNW Document 22 Filed 04/23/21 Page 6 of 9
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materials.
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B.
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Deposition of Costco’s employee of Roxanne Thomas.
Deposition(s) of Costco’s expert must be taken.
Defendant’s remaining discovery:
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Depositions of percipient witnesses must be taken including Eddiee Diaz.
Depositions of Plaintiff’s family members including Trinity Chism, Payton
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Chism, Kadie Chism and Jaime Burns.
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3.
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physicians and staff at UMC who attended to Plaintiff during her 28 day
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admittance.
3050 SOUTH DURANGO
LAS VEGAS, NEVADA 89117
TELE: (702) 872-5555 FAX: (702) 872-5545
BACKUS, CARRANZA & BURDEN
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4.
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Costco must designate initial experts and produce the required report and
materials.
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Costco must designate rebuttal experts and produce the required report and
materials.
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Depositions of Plaintiff’s treating providers must be taken including the
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IV.
Deposition(s) of Plaintiff’s expert must be taken.
WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED.
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As referenced above, initially, the limitations related to the COVID 19 pandemic led to
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some delays and conflicts with counsel’s availability/schedule. Nonetheless, good faith efforts
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were made by both parties to meet the obligations required of both of them.
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The parties also initially devoted several weeks to negotiating and ultimately agreeing to
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the Stipulated Confidentiality Agreement and Protective Order, which was entered on September
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21, 2020. Be agreeing to the same, the parties hope to facilitate the exchange of confidential
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and/or proprietary material during discovery which could avoid delays as this case moves forward.
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Once the parties embarked on discovery, they have been able to move this matter forward
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with the appropriate diligence. As detailed above, significant discovery has been completed
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including the completion of multiple waves of written discovery, securing independent copies of
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Plaintiff’s medical records, completing the party deposition (Plaintiff and Costco’s Rule 30(b)(6)
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designee), completing percipient witness depositions (Michael Le, Marks Mans and Taylor Price).
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Case 2:20-cv-00967-JAD-BNW Document 22 Filed 04/23/21 Page 7 of 9
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Despite the diligent efforts, significant discovery remains to be completed.
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3050 SOUTH DURANGO
LAS VEGAS, NEVADA 89117
TELE: (702) 872-5555 FAX: (702) 872-5545
BACKUS, CARRANZA & BURDEN
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PROPOSED SCHEDULE FOR COMPLETING DISCOVERY.
This request for an extension of time is not sought for any improper purpose or other
purpose of delay.
The parties respectfully submit that this constitutes good cause for the
extension. The following is a list of the current discovery deadlines and the parties’ proposed
extended deadlines.
Scheduled Event
Current Deadline
Proposed Deadline
Discovery Cut Off
June 21, 2021
August 20, 2021
Amend Pleadings/Add Parties
Closed
Closed
Initial Expert Disclosures
April 23, 2021
June 22, 2021
Rebuttal Expert Disclosures
May 21, 2021
July 20, 2021
Dispositive Motions
July 23, 2021
September 21, 2021
Joint Pre-Trial Order
August 26, 2021
October 25, 2021
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Case 2:20-cv-00967-JAD-BNW Document 22 Filed 04/23/21 Page 8 of 9
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This is the fourth request for extension of time in this matter and no trial date will be
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impacted by the extension as no such trial date has been set. The parties submit that the reasons
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set forth above constitute good cause for the requested extension.
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DATED this 23rd day of April, 2021.
DATED this 23rd day of April, 2021.
BACKUS, CARRANZA & BURDEN
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Angulo Law Group
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3050 SOUTH DURANGO
LAS VEGAS, NEVADA 89117
TELE: (702) 872-5555 FAX: (702) 872-5545
BACKUS, CARRANZA & BURDEN
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By:
By:
/s/ Edgar Carranza____________
Edgar Carranza, Esq.
Nevada Bar No. 5902
3050 South Durango Drive
Las Vegas, Nevada 89117
Attorney for Defendants
COSTCO WHOLESALE
CORPORATION
/s/ Peter M. Angulo_________
Peter M. Angulo, Esq.
Nevada Bar No. 3672
5545 S. Mountain Vista Street, Suite F
Las Vegas, Nevada 891206
Attorneys for Plaintiff
MICHELLE CHISM
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IT IS SO ORDERED…
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DATED this 26th day of April, 2021.
____
____________________________________
UNITED STATES MAGISTRATE JUDGE
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Case 2:20-cv-00967-JAD-BNW Document 22 Filed 04/23/21 Page 9 of 9
Patti Sherretts
From:
Sent:
To:
Subject:
manthis@angulolawgroup.com
Friday, April 23, 2021 11:19 AM
Patti Sherretts
RE: Chism
It is good. Please use Peter’s e‐signature.
Margaret Anthis, Legal Secretary
Angulo Law Group, LLC
5545 S. Mountain Vista Street, Suite F
Las Vegas, Nevada 89120
(702) 384‐8000
manthis@angulolawgroup.com
This email transmission and any attachments are for the sole use of the intended recipient(s) and may contain
confidential and privileged information that is the sole property of the sender. Any unauthorized review, use, disclosure
or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy and delete all
copies of this email and any attachments.
From: Patti Sherretts
Sent: Friday, April 23, 2021 11:18 AM
To: manthis@angulolawgroup.com
Subject: Chism
See attached.
Thanks.
Patti Sherretts
Legal Assistant to:
Edgar Carranza, Esq.,
Leland Eugene Backus, Esq.,
Backus, Carranza & Burden
3050 South Durango
Las Vegas, Nevada 89117
(702) 872-5555
(702) 872-5545 Facsimile
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