Ramos et al v. Giltner Transportation, Inc. et al

Filing 31

ORDER granting 26 Stipulation to Extend Discovery Deadline. Discovery due by 11/29/2022. Motions due by 12/27/2022. Proposed Joint Pretrial Order due by 1/26/2023. Signed by Magistrate Judge Brenda Weksler on 5/9/2022. (Copies have been distributed pursuant to the NEF - LOE)

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Case 2:21-cv-01446-RFB-BNW Document 26 Filed 05/05/22 Page 1 of 5 31 05/09/22 1 2 3 4 5 6 7 8 9 MICHAEL C. HETEY, ESQ. Nevada Bar No. 5668 HAROLD J. ROSENTHAL, ESQ. Nevada Bar No. 10208 THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER 1100 East Bridger Avenue Las Vegas, NV 89101-5315 Tel.: (702) 366-0622 Fax: (702) 366-0327 mch@thorndal.com hjr@thorndal.com Attorneys for Defendants GILTNER TRANSPORTATION, INC.; GILTNER LOGISTICS SERVICES INC.; and GILTNER, INC. 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 VICTORIANO RAMOS; THERESA RAMOS, 13 Plaintiffs, 14 vs. 15 GILTNER TRANSPORTATION, INC.; GILTNER LOGISTICS SERVICES INC.; GILTNER, INC.; PROGRESSIVE LOGISTICS, INC.; GARY ROBERT NAIR; DOES 1-200; and ROES 201-300, 16 17 CASE NO. 2:21-cv-01446-RFB-BNW 18 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (THIRD REQUEST) Defendants. 19 20 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (THIRD REQUEST) 21 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs 22 23 VICTORIANO RAMOS and THERESA RAMOS and Defendants GILTNER 24 TRANSPORTATION, INC.; GILTNER LOGISTICS SERVICES INC.; and GILTNER, INC., 25 by and through their respective undersigned counsel of record, pursuant to Local Rule 26-1, 26 that discovery and related deadlines be extended 120 days. This is the Parties’ Third Request 27 for a continuance of discovery deadlines. 28 /// -1Case No. 2:21-cv-01446-RFB-BNW – Ramos v Giltner Transportation, et al. Stipulation and Order to Extend Discovery Deadlines (Third Request) Case 2:21-cv-01446-RFB-BNW Document 26 Filed 05/05/22 Page 2 of 5 31 05/09/22 1 I. SUMMARY OF THE CASE This case arises out of a collision between a tractor-trailer and Toyota 4Runner on May 2 3 14, 2019 on US-93 at or near Mile Marker 63. At the time of the accident, Plaintiffs 4 VICTORIANO RAMOS and THERESA RAMOS were residents of the State of California, 5 County of Los Angeles. Defendants GILTNER TRANSPORTATION, INC. and GILTNER 6 LOGISTICS, INC. are Idaho Corporations. Defendant GILTNER, INC. was an Idaho 7 Corporation which has been inactive since January 2, 2001. Plaintiffs named GARY NAIR as 8 a Defendant; however, he has since been dismissed as he is deceased as of July 13, 2020. On May 7, 2021, Plaintiffs VICTORIANO RAMOS and THERESA RAMOS filed a 9 10 Complaint in the Eighth Judicial District Court for Clark County Nevada alleging causes of 11 action for Negligence – Personal Injuries; and Negligent Hiring, Retention, Training and 12 Supervision. Defendants GILTNER LOGISTICS, INC. and GILTNER, INC. were served by 13 Certified Mail Return Receipt Requested and received the Summons and Complaint on July 6, 14 2021 and Defendant GILTNER TRANSPORTATION, INC. was personally served on July 21, 15 2021. On August 4, 2021, Defendants filed a Petition for Removal to Federal Court [ECF No. 16 1] and the matter was thereafter removed to Federal Court and assigned to the Honorable Judge 17 Richard F. Boulware, II. Also, on August 4, 2021, Defendants filed their Answer to Complaint 18 [ECF No. 7]. On August 20, 2021, Plaintiffs filed the Discovery Plan and Scheduling Order 19 [ECF No. 9]. On September 22, 2021, Defendants filed a Stipulation and Order for Dismissal 20 Without Prejudice of Defendant Gary Robert Nair Only [ECF No. 14] and the Court granted 21 same on September 23, 2021 [ECF No. 15]. 22 II. DISCOVERY COMPLETED TO DATE 23 The Parties have served Initial Disclosures and documents. 24 The Parties have propounded Discovery Requests. 25 Plaintiffs responded to Discovery Requests. 26 Defendants responded to Discovery Requests. 27 /// 28 /// -2Case No. 2:21-cv-01446-RFB-BNW – Ramos v Giltner Transportation, et al. Stipulation and Order to Extend Discovery Deadlines (Third Request) Case 2:21-cv-01446-RFB-BNW Document 26 Filed 05/05/22 Page 3 of 5 31 05/09/22 1 III. DISCOVERY THAT REMAINS TO BE COMPLETED 2 Custodian of Records Subpoenas Duces Tecum to each of the Plaintiffs’ various 3 providers; 4 Supplement FRCP 26(a)(1) Disclosures; 5 Retain and Designate Experts and Rebuttal Experts; 6 Depositions of the Parties; 7 Depositions of Fact Witnesses; 8 Depositions of Plaintiffs’ Treating Physicians; 9 Depositions of Plaintiffs’ and Defendants’ Expert Witnesses; 10 Independent Medical Examinations of the Plaintiffs; and 11 Additional discovery yet to be determined may be necessary. 12 13 IV. REASONS WHY THE PARTIES ARE REQUESTING EXTENSION Plaintiffs reside in Los Angeles, California. Plaintiff VICTORIANO RAMOS is 14 alleging a significant Traumatic Brain Injury as a result of the underlying accident and the 15 Parties need to gather his medical records and films as part of the discovery process in this case. 16 Due to Plaintiff VICTORIANO RAMOS’ injuries his attorneys have had significant delays in 17 getting their clients to sign the necessary medical authorizations to allow Defendants to request 18 his medical records including the films. These records and films are necessary for both parties 19 due to the Traumatic Brain Injury claims being asserted by Plaintiff VICTORIANO RAMOS. 20 Plaintiffs’ Counsel are providing those Authorizations on May 5, 2022. 21 Contemporaneously, with this stipulation the Parties are presenting a separate stipulation 22 to allow Dr. Thomas Kinsora, the Neuropsychologist retained by Defendants, to conduct a Rule 23 35 Examination of Plaintiff VICTORIANO RAMOS including an interview and testing. 24 Pending the approval of the Court this examination is tentatively scheduled for June 19, 2022. 25 Dr. Kinsora will travel to California to conduct this examination in order to make Plaintiff 26 VICTORIANO RAMOS as comfortable as possible. Following this examination, the parties 27 have scheduled a mediation with Michael Morehead, Esq. at Judicate West on July 27, 2022, 28 also in California to make a good faith effort to resolve this matter. It was difficult to find a -3Case No. 2:21-cv-01446-RFB-BNW – Ramos v Giltner Transportation, et al. Stipulation and Order to Extend Discovery Deadlines (Third Request) Case 2:21-cv-01446-RFB-BNW Document 26 Filed 05/05/22 Page 4 of 5 31 05/09/22 1 mediation date due to the large amount of cases seeking a mediator at this time due to COVID 2 backlog and many cases finally being set for trials this summer and fall. The Parties believe good cause exists to allow for a 120-day extension of the current 3 4 deadlines to allow for the proposed Rule 35 Examination, the gathering of the necessary medical 5 records and films and for the parties to participate in the mediation on July 27, 2022 in Los 6 Angeles, California in an attempt to resolve this matter. The Parties seek this extension in good 7 faith and not for the purpose of delay. 8 V. PROPOSED REVISED DISCOVERY SCHEDULE CURRENT DEADLINE 9 PROPOSED DEADLINE 10 Amend Pleadings Closed Closed 11 Expert Disclosures May 31, 2022 September 28, 2022 12 Rebuttal Expert Disclosures July 5, 2022 November 2, 2022 13 Discovery Cut-Off August 1, 2022 November 29, 2022 14 Dispositive Motions August 29, 2022 December 27, 2022 15 Pretrial Order September 28, 2022 January 26, 2023 16 17 IT IS SO STIPULATED. 18 DATED this 5th day of May 2022. DATED this 5th day of May 2022. 19 DORDICK LAW CORPORATION LAW OFFICE OF PETER GOLDSTEIN 20 /s/ Gary Dordick, Esq. /s/ Peter Goldstein, Esq. 21 Elizbeth A. Hernandez, Esq. (Pro Hac Vice) California Bar No. 204322 Gary A. Dordick, Esq. (Pro Hac Vice) California Bar No. 128008 509 South Beverly Drive Beverly Hills, CA 90212 Attorneys for Plaintiffs VICTORIANO RAMOS and THERESA RAMOS Peter Goldstein, Esq. Nevada Bar No. 6992 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 Attorney for Plaintiffs VICTORIANO RAMOS and THERESA RAMOS 22 23 24 25 26 27 28 -4Case No. 2:21-cv-01446-RFB-BNW – Ramos v Giltner Transportation, et al. Stipulation and Order to Extend Discovery Deadlines (Third Request) Case 2:21-cv-01446-RFB-BNW Document 26 Filed 05/05/22 Page 5 of 5 31 05/09/22 1 2 3 4 5 6 7 8 9 DATED this 5th day of May 2022. THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER /s/ Michael C. Hetey, Esq. Michael C. Hetey, Esq. Nevada Bar No. 5668 Harold J. Rosenthal, Esq. Nevada Bar No. 10208 1100 E. Bridger Avenue Las Vegas, NV 89125-2070 Attorneys for Defendants GILTNER TRANSPORTATION, INC.; GILTNER LOGISTICS SERVICES INC.; and GILTNER, INC. 10 11 12 13 IT IS SO ORDERED. ORDER IT IS SO ORDERED DATED: 9:52 am, May 09, 2022 14 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 Respectfully Submitted By: BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE /s/ Michael C. Hetey, Esq. MICHAEL C. HETEY, ESQ. Nevada Bar No. 5668 HAROLD J. ROSENTHAL, ESQ. Nevada Bar No. 10208 THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER 1100 East Bridger Avenue Las Vegas, NV 89101-5315 Attorneys for Defendants GILTNER TRANSPORTATION, INC.; GILTNER LOGISTICS SERVICES INC. and GILTNER, INC 26 27 28 -5Case No. 2:21-cv-01446-RFB-BNW – Ramos v Giltner Transportation, et al. Stipulation and Order to Extend Discovery Deadlines (Third Request)

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