Alcaraz v. Conagra Brands, Inc. et al

Filing 37

ORDER granting 36 Stipulation to Extend time. Discovery due by 11/1/2021. Motions due by 11/30/2021. Proposed Joint Pretrial Order due by 12/30/2021. Signed by Magistrate Judge Elayna J. Youchah on 6/3/2021. (Copies have been distributed pursuant to the NEF - DRS)

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1 2 3 4 5 6 7 8 9 PETER S. CHRISTIANSEN, ESQ. Nevada Bar No. 005254 R. TODD TERRY, ESQ. Nevada Bar No. 6519 WHITNEY J. BARRETT, ESQ. Nevada Bar No. 13662 CHRISTIANSEN TRIAL LAWYERS 710 S. 7th Street Las Vegas, Nevada 89101 Telephone: (702) 240-7979 Facsimile: (866) 412-6992 Attorneys for Plaintiff UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 KYLE A. ALCARAZ, an individual; Plaintiff, 13 14 17 CONAGRA BRANDS, INC.; CONAGRA FOODS, INC.; SAM’S WEST, INC. dba SAM’S CLUB; DOES 1 through 10; and ROE BUSINESS ENTITIES 1 through 10, inclusive; 18 2:20-cv-01414-JCM-EJY v. 15 CASE NO. Defendants. 16 STIPULATION AND ORDER TO EXTEND DISCOVERY AND OTHER DEADLINES (SECOND REQUEST) 19 Plaintiff, KYLE A. ALCARAZ, by and through his attorneys of record, PETER S. 20 CHRISTIANSEN, ESQ., R. TODD TERRY, ESQ., and WHITNEY J. BARRETT, ESQ. of 21 CHRISTIANSEN TRIAL LAWYERS, and Defendants CONAGRA BRANDS, INC.; 22 CONAGRA FOODS, INC., and SAM’S WEST, INC., by and through their attorneys, J. 23 CHRISTOPHER JORGENSEN, ESQ. of LEWIS ROCA ROTHGERBER CHRISTIE LLP, 24 hereby file their second joint application to extend the discovery cut off period and other deadlines 25 in this case, pursuant to LR II 26-4. The present discovery cutoff date is August 2, 2021. 26 27 28 I. DISCOVERY COMPLETED 1. Plaintiff produced his initial FRCP 26(a)(1) disclosure and two supplements 1 thereto; 2 2. Defendants produced their initial FRCP 26(a)(1) disclosure; and 3 3. The parties have propounded and responded to written discovery requests. 4 II. 5 DISCOVERY TO BE COMPLETED 1. Plaintiff will take the depositions of Defendants’ corporate designees and 6 employees; 7 2. Defendants will depose Plaintiff; 8 3. The parties will disclose expert witnesses and depose their respective experts; 9 4. The parties intend to serve, and respond to, additional written discovery; and 10 5. The parties intend to subpoena and conduct the depositions of third parties, fact 11 witnesses, Plaintiff’s treating providers, and the parties’ experts. 12 III. 13 GOOD CAUSE WHY THE DISCOVERY REMAINING WAS NOT COMPLETED WITHIN THE TIME LIMITS SET BY THE COURT 14 New counsel for Plaintiff recently substituted into this matter and has been working 15 diligently to adhere to the current discovery deadlines. An amended Complaint providing a basis 16 for punitive damages was filed on May 26, 2021. The parties recently finalized language 17 concerning the protective order, which will facilitate the production of additional information by 18 Defendants. Furthermore, the parties are attempting to determine the seller of the subject Pam 19 cannister involved in the subject of the incident, which is expected to be named as a defendant. 20 Good cause exists to extend all deadlines, including the expert deadline, due to the 21 technical, complex and fact dependent evidence the experts will need in order to author their 22 reports in this products liability matter. The parties intended for the remaining discovery set forth 23 above to be completed within the existing discovery period, however, counsel for all parties agree 24 the current discovery deadline is insufficient in time to complete the remaining discovery. 25 Accordingly, the parties have agreed to continue the discovery deadlines an additional ninety (90) 26 days. 27 /// 28 /// 2 1 IV. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY: 2 EXISTING DEADLINES PROPOSED DEADLINES Close of Discovery August 2, 2021 November 1, 2021 Final Date to Amend Pleadings/Add Parties May 4, 2021 Closed Initial Expert Disclosures Deadlines June 2, 2021 August 31, 2021 Rebuttal Expert Disclosure Deadline July 2, 2021 September 30, 2021 Final Date for Dispositive Motions August 31, 2021 November 30, 2021 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DATED this 2nd day of June, 2021 DATED this 2nd day of June, 2021 CHRISTIANSEN TRIAL LAWYERS LEWIS ROCA ROTHGERBER CHRISTIE LLP By /s/ R. Todd Terry PETER S. CHRISTIANSEN, ESQ. NV Bar No. 5254 R. TODD TERRY, ESQ. NV Bar No. 6519 WHITNEY J. BARRETT, ESQ. NV Bar No. 13662 710 South 7th Street, Suite B Las Vegas, NV 89101 Attorneys for Plaintiff By /s/ J. Christopher Jorgensen J. CHRISTOPHER JORGENSEN, ESQ. NV Bar No. 5382 3993 Howard Hughes Parkway, Suite 600 Las Vegas, NV 89169 Attorneys for Defendants 23 ORDER 24 25 26 27 IT IS HEREBY ORDERED: The discovery cut off is extended from August 2, 2021 to November 1, 2021 in which all discovery in this action shall be completed; 28 3 1 IT IS FURTHER ORDERED: 2 Plaintiff and Defendant shall disclose their experts to each other at least sixty (60) days 3 before the discovery cutoff date, which is by August 31, 2021, and Plaintiff and Defendant shall 4 disclose rebuttal experts at least thirty (30) days after the initial date for disclosure of experts, 5 which is by September 30, 2021; 6 All pretrial motions, including but not limited to, discovery motions, motions to dismiss 7 and motions for summary judgment shall be filed and served no later than thirty (30) days after 8 the close of discovery, which is November 30, 2021; 9 The Joint Pre-Trial Order in the above-captioned action shall be filed with this Court no 10 later than thirty (30) days after the date set for filing dispositive motions, which shall be 11 December 30, 2021; and 12 13 14 The last day for the parties to file their Motion and/or Stipulation to Extend Discovery shall be twenty (20) days prior to the discovery cut off, which is by October 12, 2021. IT IS SO ORDERED this 3rd day of June, 2021. 15 ___________________________________ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 Submitted by: CHRISTIANSEN TRIAL LAWYERS By /s/ R. Todd Terry R. TODD TERRY, ESQ. NV Bar No. 6519 WHITNEY J. BARRETT, ESQ. Nevada Bar No. 13662 710 South 7th Street Las Vegas, NV 89101 Attorneys for Plaintiff 26 27 28 4

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