Buchna v. Walmart Inc et al

Filing 179

ORDER Granting 178 Stipulation to Continue (First Request) Continue Hearing Regarding Pretrial Order. Motion Hearing re 175 , 176 continued to 4/22/2025 at 09:30 AM in LV Courtroom 6C before Chief Judge Andrew P. Gordon. Signed by Chief Judge Andrew P. Gordon on 3/5/2025. (Copies have been distributed pursuant to the NEF - ALZ)

Case 2:21-cv-00061-APG-DJA

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DISTRICT OF NEVADA

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MICHELLE C. ZEITER, individually, and
as Special Administrator for ESTATE OF
MICHAEL BUCHNA; JENNIFER C.
BEAM, individually, and as Special
Administrator for ESTATE OF MICHAEL
S. BUCHNA,

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MCDONNELL & ASSOCIATES, P.C.
By: PATRICK J. MCDONNELL, ESQUIRE
Attorney I.D. No.: PA 62310, NJ 026781991
(admitted pro hac vice)
Email: [e-mail]
Metropolitan Business Center
860 Frist Avenue, Suite 5B
King of Prussia, Pennsylvania 19406
Telephone: [phone]

UNITED STATES DISTRICT COURT

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1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]

HALL & EVANS, LLC
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
TANYA M. FRASER, ESQ.
Nevada Bar No. 13872
1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]
[e-mail]
Attorneys for Defendants

Filed 03/05/25

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HALL & EVANS, LLC

Document 179

CASE NO: 2:21-cv-00061-APG-DJA

Plaintiffs,

STIPULATION TO CONTINUE HEARING
REGARDING PRETRIAL ORDER

v.
WALMART INC., a foreign corporation
d/b/a WALMART SUPERCENTER #3351;
and WAL-MART STORES, INC., a foreign
corporation; and DOES I through X;
inclusive; and ROE CORPORATIONS I
through V, inclusive,

(First Request)

Defendants.

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STIPULATION TO CONTINUE HEARING REGARDING PRETRIAL ORDER

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(First Request)

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IT IS HEREBY STIPULATED by and between Plaintiffs MICHELLE C. ZEITER,

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Individually and as Special Administrator for ESTATE OF MICHAEL BUCHNA, and JENNIFER

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C. BEAM, Individually and as Special Administrator for ESTATE OF MICHAEL S. BUCHNA

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(collectively “Plaintiffs”), by and through their attorneys of record, SIMON LAW and BROCK H.

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OHLSON PLLC, and Defendants WALMART, INC. and WAL-MART STORES, INC. (collectively
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KRB/20147-79

1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]

HALL & EVANS, LLC

Case 2:21-cv-00061-APG-DJA

Document 179

Filed 03/05/25

Page 2 of 3

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“Defendants”), by and through their attorneys of record, HALL & EVANS, LLC (foregoing parties

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are collectively referred to hereinbelow as “Parties”), hereby submit their Stipulation and Order to

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Continue Hearing Regarding Pretrial Order from its current setting of March 12, 2025, to March 26,

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2025, pursuant to LR IA 6-1. This is the first stipulation for a continuation of the hearing regarding

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the Pretrial Order.

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REASONS FOR REQUESTING A CONTINUANCE OF THE MARCH 12, 2025 HEARING

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The Parties aver that good cause exists to continue the March 12, 2025 hearing regarding the

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Pretrial Order to Wednesday, March 26, 2025. Consistent with LR 16-3 and the Court’s May 23,

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2023 Order, the Parties met and conferred regarding the scope of witnesses and exhibits for trial on

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January 17, 2025, on January 24, 2025, on February 12, 2025, and through several written

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correspondences. Although the Parties were able to resolve several disputes, various issues remain

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with respect to the scope of the Parties’ witnesses and exhibits, necessitating the Parties to each

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submit their individual Pretrial Orders and resulting in the Court noticing a Hearing on the matter on

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March 12, 2025. See ECF Doc 177 (Feb. 27, 2025). However, lead counsel on this matter, Patrick

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McDonnell, planned a prepaid family vacation and will be out of the country from March 10-14,

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2025. Accordingly, the Parties agree that a brief continuation of the Hearing is warranted to allow

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counsel to participate in his prepaid family vacation.

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The Parties further aver that this request is not made for purposes of undue delay of resolving

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issues surrounding the Pretrial Order or trial in this matter but is submitted in the interests of ensuring

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this matter is resolved on its merits. Neither Party is prejudiced through this continuation, as all Parties

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agree that short continuation to March 26, 2025, is warranted, as set forth herein.

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KRB/20147-79

Case 2:21-cv-00061-APG-DJA

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Thus, the parties have agreed to continue the March 12, 2025 Hearing as set forth below:

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- Hearing Regarding Pretrial Order:

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• Existing date: Wednesday, March 12, 2025

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• Proposed date: Wednesday, March 26, 2025

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Submitted by:

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DATED this 4th day of March 2025.

Dated this 4th day of March 2025.

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SIMON LAW

HALL & EVANS, LLC

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/s/ Ben Miller__________________
Daniel Simon, Esq.
Benjamin Miller, Esq.
810 South Casino Center Boulevard
Las Vegas, NV 89101
[e-mail]
[e-mail]
Attorneys for Plaintiffs

/s/ Kurt Bonds _
______
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
TANYA M. FRASER, ESQ.
Nevada Bar No. 13872
1160 North Town Center Drive
Suite 330
Las Vegas, NV 89144
Attorneys for Defendants

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1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]

Filed 03/05/25

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HALL & EVANS, LLC

Document 179

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ORDER

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IT IS SO ORDERED: the hearing on the parties' proposed pretrial orders ECF No. 175
and 176, currently scheduled for March 12, 2025, is vacated and continued to April 22,
2025, at 9:30 a.m. in LV Courtroom 6C before Chief Judge Andrew P. Gordon.

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Dated: March 5, 2025

________________________
ANDREW P. GORDON
CHIEF UNITED STATES DISTRICT JUDGE

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KRB/20147-79