Morales v. Puk et al

Filing 11

SCHEDULING ORDER Granting in Part 8 Discovery Plan and Scheduling Order; Discovery due by 6/13/2022. Motions due by 7/12/2022. Proposed Joint Pretrial Order due by 8/11/2022. The Court grants the stipulation except the deadline to seek an extension or modification of discovery deadlines shall be March 11, 2022. Signed by Magistrate Judge Brenda Weksler on 1/6/2022. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:21-cv-01575-APG-BNW Document 11 Filed 01/05/22 Page 1 of 5
Case 2:21-cv-01575-APG-BNW Document 8 Filed 01/06/22 Page 1 of 4

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Jared Richards, Esq.
Nevada Bar No. 11254
Dustin E. Birch, Esq.
Nevada Bar No. 10517
CLEAR COUNSEL LAW GROUP
1671 W. Horizon Ridge Pkwy, Suite 200
Henderson, Nevada 89102
Telephone No.: [phone]
Facsimile No.: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Ernesto Morales

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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50 S. STEPHAN IE ST., SU ITE 101
HENDERSON , NEVADA 890 12
[phone]

CLEAR COUNSEL LAW GROUP

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ERNESTO MORALES, an individual,

Case No.: 2:21-cv-01575-APG-BNW

Plaintiff,

v.

CHRISTINE NOELLE PUK, an individual;
DOES I through XX; and ROE
CORPORATIONS I through X, inclusive,

[PROPOSED] JOINT DISCOVERY
PLAN AND SCHEDULING ORDER

Defendants.
ACUITY, A Mutual Insurance Company,

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Intervenor.

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Pursuant to Local Rule 26-1(e), the parties submit their proposed Discovery Plan and

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Scheduling Order. Deadlines that fall on a Saturday, Sunday, or legal holiday have been scheduled

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for the next judicial day.

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1.

Meeting: Pursuant to FRCP Rule 26(f), a meeting was held on January 4, 2022,

and was attended telephonically by Dustin E. Birch, Esq. of Clear Counsel Law Group for
Plaintiff Ernesto Morales, Marissa Temple, Esq. of Rogers, Mastrangelo, Carvalho & Mitchell on

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behalf of Defendant Christina Noelle Puk, and Troy A. Clark, Esq. of Resnick & Louis, P.C. on

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behalf of Intervenor ACUITY, A Mutual Insurance Company.

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2.

make their pre-discovery disclosures, including but not limited to any Computation(s) of Damages
required pursuant to FRCP 26(a)(i)(A)(iii), on or before January 18, 2022.
3.

1671 W. HORIZON RIDGE PKWY, SUITE 200
HENDERSON , NEVADA 890 12
[phone]

CLEAR COUNSEL LAW GROUP

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Procedure.
4.

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Discovery Cut-off Date(s): Discovery will cutoff less than 360 days from

the date of filing of the answer. An Answer was filed by Defendant Puk on June 17, 2021. The
parties request that discovery close on June 13, 2022.
B.

Amending the Pleadings and Adding Parties:

The parties shall have until March 11, 2022, to file any motions to amend the pleadings to
add parties. This is 90 days before the discovery cut-off date.

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Discovery Plan: The parties propose the following discovery plan:
A.

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Areas of Discovery: The parties agree that the areas of discovery should include,

but not be limited to: all claims and defenses allowed pursuant to the Federal Rules of Civil

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Pre-Discovery Disclosures: Pursuant to FRCP Rule 26(a)(1), the parties will

C.

FRCP 26(a)(2) Disclosure of Experts:

Proposed Expert Disclosure Schedule: Disclosure of experts shall proceed according to
FRCP Rule 26(a)(2) and LR 26-1(e)(3) as follows: the disclosure of experts and their reports shall
occur on or before April 13, 2022. The disclosure of rebuttal experts and their reports shall occur
on or before May 13, 2022. The initial expert disclosure deadline is 60 days before the discovery

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cut-off date and the rebuttal expert disclosure deadline is 30 days after the initial expert disclosure

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deadline.

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Dispositive Motions:

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The parties shall have until July 12, 2022, to file dispositive motions. This is 30 days

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after the discovery cut-off date, as required by LR 26-1(e)(4).

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D.

Pre-Trial Order:

The parties will prepare a Consolidated Pre-Trial Order on or before August 11, 2022,
which is not more than 30 days after the date set for filing dispositive motions in the case, as
required by LR 26-1(e)(5). This deadline will be suspended if dispositive motions are timely filed
until 30 days after the decision of the dispositive motions or until further order of the Court. The

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disclosure required by FRCP Rule 26(a)(3), and objections thereto, shall be included in the pre-

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trial order.

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1671 W. HORIZON RIDGE PKWY, SUITE 200
HENDERSON , NEVADA 890 12
[phone]

CLEAR COUNSEL LAW GROUP

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E.

Court Conferences: If the Court has questions regarding the dates

proposed by the parties, the parties request a conference with the Court before entry of the
Scheduling Order. If the Court does not have questions, the parties do not request a conference
with the Court.
F.

Extensions or Modifications of the Discovery Plan and Scheduling

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Order: LR 26-4 governs modifications or extensions of this Discovery Plan and Scheduling

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Order. Any stipulation or motion to extend a deadline set forth in the discovery plan and

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scheduling order must be made not later than 21 days before the subject deadline. Any stipulation

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or motion to extend the discovery cut-off period must be made no later than September 16, 2022,
21 days before the discovery cut-off date.
G.

Format of Discovery: Pursuant to the electronic discovery amendments

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to the Federal Rules of Civil Procedure effective December 1, 2020, the parties addressed the e-

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discovery issues pertaining to the format of discovery at the Rule 26(f) conference. The parties

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do not anticipate discovery of native files or metadata at this time, but each party reserves the

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right to make a showing for the need of such electronic data as discovery progresses.

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H.

Alternative Dispute Resolution: The parties certify that they have met

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and conferred about the possibility of using alternative dispute-resolution processes including

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mediation, arbitration, and if applicable, early neutral evaluation.
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I.

considered consent to trial by a magistrate judge under 28 U.S.C. section 636(c) and Fed. R. Civ.
P. 73 and the use of the Short Trial Program (General Order 2013-01), however, the parties have
decided against such use and require a traditional jury trial.
J.

parties have not reached any stipulations in this regard at this time.
5th
DATED this ____ day of January, 2022.
CLEAR COUNSEL LAW GROUP
/s/ Dustin E. Birch
Jared R. Richards, Esq.
Nevada Bar No. 11254
Dustin E. Birch, Esq.
Nevada Bar No. 10517
1671 W. Horizon Ridge Pkwy, Suite 200
Henderson, NV 89012
[e-mail]
[e-mail]
Attorneys for Plaintiff Ermesto Morales

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1671 W. HORIZON RIDGE PKWY, SUITE 200
HENDERSON , NEVADA 890 12
[phone]

Electronic Evidence: The parties certify that they discussed whether they

intend to present evidence in electronic format to jurors for the purposes of jury deliberations. The

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CLEAR COUNSEL LAW GROUP

Alternative Forms of Case Disposition: The parties certify that they

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5th
DATED this ____ day of January, 2022.
ROGERS, MASTRANGELO, CARVALHO
& MITCHELL
/s/ Marissa R. Temple
Marissa R. Temple, Esq.
Nevada Bar No. 9028
700 South Third Street
Las Vegas, NV 89101
[e-mail]
Attorneys for Defendant Christina Noelle Puk

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5th
DATED this ____ day of January, 2022.

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RESNICK & LOUIS, P.C.

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/s/ Troy A. Clark
____________________________________
Troy A. Clark, Esq.
Nevada Bar No. 11361
8925 West Russell Road, Suite 220
Las Vegas, NV 89148
[e-mail]
Attorneys for Intervenor ACUITY, A Mutual
Insurance Company

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ORDER
IT IS ORDERED that ECF No. 8 is GRANTED in
part and DENIED in part. The Court grants the
stipulation except the deadline to seek an extension
or modification of discovery deadlines shall be
March 11, 2022.
IT IS SO ORDERED
DATED: 4:12 pm, January 06, 2022

BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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