Landin v. Cardenas Markets, LLC

Filing 10

ORDER Granting 9 Stipulation - Discovery due by 5/6/2022. Motions due by 6/6/2022. Proposed Joint Pretrial Order due by 7/6/2022. Signed by Magistrate Judge Brenda Weksler on 1/6/2022. (Copies have been distributed pursuant to the NEF - DRS) Modified on 1/6/2022 (DRS).

Case 2:21-cv-01815-RFB-BNW Document 10 Filed 01/05/22 Page 1 of 5
Case 2:21-cv-01815-RFB-BNW Document 9 Filed 01/06/22 Page 1 of 5

1 ANTHONY T. GARASI, ESQ.
Nevada State Bar No. 11134
2 MADELINE M. ARCELLANA, ESQ.
Nevada State Bar No. 13816
3 TY M. MAYNARICH, ESQ.
Nevada State Bar No. 14584
4 BREMER WHYTE BROWN & O’MEARA LLP
1160 N. TOWN CENTER DRIVE
5 SUITE 250
LAS VEGAS, NV 89144
6 TELEPHONE: [phone]
FACSIMILE: [phone]
7 [e-mail]
[e-mail]
8 [e-mail]
9 Attorneys for Defendant,
Cardenas Markets LLC
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DISTRICT COURT

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CLARK COUNTY, NEVADA

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14 AURELIO INFANTE LANDIN, individually,

Case No. 2:21-cv-01815-RFB-BNW

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(FIRST REQUEST)

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)
)
Plaintiff,
)
)
vs.
)
)
CARDENAS MARKETS LLC, a foreign
)
limited-liability Company; DOES 1 through 10; )
and ROE ENTITIES 11 through 20, inclusive
)
jointly and severally,
)
)
Defendants.
)
)

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff AURELIO

22 INFANTE LANDIN (“Plaintiff”) and Defendant CARDENAS MARKETS LLC (“Defendant”),
23 (collectively, the “Parties”) by and through their undersigned counsels of record, as to the extension
24 of all pending deadlines for sixty (60) days in this matter to allow for necessary discovery. The
25 Parties met and conferred in good faith pursuant to LR IA 1-3(f) and agreed to the following
26 continuance of deadlines in this matter in lieu of Defense Counsel filing a Motion to Extend
27 Discovery Deadlines.
28 ///

1438.197 4895-4670-5160.1

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I.

DISCOVERY COMPLETED TO DATE

The Parties have participated in the following discovery to date:

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1. The Parties met and conferred and timely filed a Joint Status Report Regarding

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Removed Action including the date certain indicated for their FRCP 26 Conference;

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2. The Parties timely appeared for their FRCP 26 Conference and timely exchanged
disclosure statements thereafter;

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3. Plaintiff’s FRCP 26.1 Initial Disclosure of Witnesses and Exhibits;

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4. Defendant Cardenas Markets LLC’s Initial FRCP 26(A)(1)(A) Disclosures;

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5. Defendant Cardenas Markets LLC propounded written discovery;

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6. The Parties met and conferred in good faith pursuant to LR IA 1-3(f) regarding the

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proposed Stipulation and Order Regarding FRCP 35 Medical Examination of Plaintiff

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Aurelio Infante Landin tentatively scheduled to proceed on February 4, 2022 with Dr.

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Wang subject to execution of the Stipulation and Order regarding same. (See,

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[proposed] Stipulation and Order Regarding FRCP 35 Medical Examination of

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Plaintiff Aurelio Infante Landin, attached hereto as Exhibit A).

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II.

DISCOVERY REMAINING TO BE COMPLETED

The Parties plan to complete the following discovery:

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1. FRCP 35 Medical Examination of Plaintiff Aurelio Infante Landin tentatively

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scheduled to proceed on February 4, 2022 with Dr. Wang subject to execution of the

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Stipulation and Order regarding same;

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2. Plaintiff to propound written discovery on Defendant Cardenas Markets LLC;

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3. Depositions of Plaintiff and Defendant’s 30(b)(6) representative;

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4. Depositions of percipient witnesses;

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5. Depositions of the Parties’ treating physicians and/or retained experts;

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6. Supplemental FRCP 26 disclosures;

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7. Additional written discovery and/or subpoena duces tecum of records from necessary

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providers;
8. Initial expert disclosures;
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1438.197 4895-4670-5160.1

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9. Rebuttal expert disclosures;

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10. Any additional discovery that is necessary as the Parties proceed through discovery.
III.

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REASONS WHY DISCOVERY NOT COMPLETED WITHIN TIME SET BY
DISCOVERY PLAN

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The Parties have acted in good faith, attempting to comply with discovery deadlines in light

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6 of the ongoing Covid-19 pandemic, perpetually shifting government protocols, and dissemination of
7 information regarding social distancing and local mandates related thereto. Defense Counsel submits
8 that due to Covid-19 protocols varying among medical providers he has had difficulty securing a
9 medical examiner, in addition to a Spanish-English interpreter, in advance of the holiday season.
10 Lastly, Defense Counsel submits that due to an unexpected health circumstance that he was unable
11 to timely file the Stipulation and/or Motion to Extend Discovery deadlines twenty-one (21) days prior
12 to the expiration of the Initial Expert Disclosure deadline.
Accordingly, the Parties respectfully request that the discovery deadlines in this matter be

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14 extended by an additional sixty (60) days in this matter.
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IV.

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Based on the foregoing, the proposed schedule for completing discovery is as follows:

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PROPOSED SCHEDULE FOR COMPLETING DISCOVERY

Discovery Deadline
Initial Expert Disclosures
Rebuttal Expert Disclosures
Discovery Cut-Off Date
Dispositive Motion Deadline
Joint Pre-Trial Order

Current Deadline
January 5, 2022
February 4, 2022
March 7, 2022
April 6, 2022
May 6, 2022

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1438.197 4895-4670-5160.1

Proposed Deadline
March 4, 2022
April 4, 2022
May 6, 2022
June 6, 2022
July 6, 2022

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V.

TRIAL DATE

Presently, this matter has not been submitted for trial and no trial date has been scheduled.

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DATED 5th day of January 2022.

DATED 5th day of January 2022.

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ERIC BLANK INJURY ATTORNEYS

BREMER WHYTE BROWN &
O’MEARA LLP

/s/ David M. Moore
ERIC R. BLANK, ESQ.
Nevada Bar No. 06910
DAVID M. MOORE, ESQ.
Nevada Bar No. 08580
Attorneys for Plaintiff

/s/ Ty M. Maynarich
ANTHONY T. GARASI, ESQ.,
Nevada Bar No. 11134
MADELINE M. ARCELLANA, ESQ.
Nevada Bar No. 13816
TY M. MAYNARICH, ESQ.,
Nevada Bar No. 14584
Attorneys for Defendant

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IT IS SO ORDERED:
DATE: January 6, 2022.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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Respectfully submitted:
BREMER WHYTE BROWN & O’MEARA LLP

24 /s/ Ty M. Maynarich
ANTHONY T. GARASI, ESQ.,
25 Nevada Bar No. 11134
MADELINE M. ARCELLANA, ESQ.
26 Nevada Bar No. 13816
TY M. MAYNARICH, ESQ.,
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Nevada Bar No. 14584
28 Attorneys for Defendant
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1438.197 4895-4670-5160.1

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