Lynch et al v. Hernandez et al

Filing 109

ORDER granting 108 Stipulation To Extend Discovery Deadlines. Discovery due by 8/22/2024. Motions due by 9/19/2024. Proposed Joint Pretrial Order due by 10/18/2024. Signed by Magistrate Judge Daniel J. Albregts on 7/8/2024. (Copies have been distributed pursuant to the NEF - MAM)

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1 2 3 4 5 6 7 8 JOHN B. SHOOK, ESQ. Nevada Bar No. 5499 SHOOK & STONE, CHTD. 710 South Fourth Street Las Vegas, NV 89101 Office: (702) 385-2220 JON L. NORINSBERG, ESQ. NORINSBERG LAW 110 East 59th Street, Ste. 3200 New York, New York 10022 Office: (212) 587-8423 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 12 13 TOMMY LYNCH as ADMINISTRATOR for the ESTATE of TAMMY LYNCH, and TOMMY LYNCH and APRIL BLACK, individually as heirs of Tammy Lynch, Plaintiffs, 14 15 16 17 18 19 20 vs. SAMIT ADRIAN HERNANDEZ, individual, LIZBETH BARRAGAN, individual, LAUGHLIN WATERCRAFT RENTALS, LLC; KABUL, INC., d/b/a FASTRIP PWC RENTALS; DARRYL PETER ALEXANDER JR., individual, and DOES 1-X; and ROE CORPORATIONS, 21 Defendants. _______________________________________ 22 AND ALL CONSOLIDATED MATTERS 23 24 25 26 Case No: 2:21-cv-01981-ART-DJA IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs The Estate of Tammy Lynch, Tommy Lynch and April Black (“Plaintiffs”) and Defendant Laughlin Watercraft Rentals, LLC. by and through their 27 28 STIPULATION TO EXTEND DISCOVERY DEADLINES PURSUANT TO LR 26-3 (Ninth Request) 1 1 respective counsel, that the discovery deadlines of this matter be continued for a period of thirty 2 (30) days to allow the parties to complete additional discovery. 3 A. COMPLETED. 4 5 6 7 8 9 10 STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN The parties participated in the Fed. R. Civ. P. 26(f) conference on February 14, 2022 and have served their initial Rule 26 Disclosures. The following is discovery that has been completed: 1. Plaintiffs’ First Set of Request for Production of Documents to Defendants Laughlin Watercraft; 2. Plaintiffs’ First Set of Request for Production of Documents to Defendant Laughlin Watercraft; 11 3. Plaintiffs’ First Set of Request for Production of Documents to Defendant Kabul, Inc.; 12 4. Plaintiffs’ First Set of Interrogatories to Defendant Kabul, Inc.; 13 5. Defendant Laughlin Watercraft Rentals, LLC’s responses to Plaintiffs’ First Set of 14 15 16 17 18 Request for Production of Documents; 6. Defendant Laughlin Watercraft Rentals, LLC’s responses to Plaintiffs’ First Set of Interrogatories; 7. Defendant Kabul, Inc.’s responses to Plaintiffs’ First Set of Request for Production of Documents; 19 8. Defendant Kabul, Inc.’s responses to Plaintiffs’ First Set of Interrogatories; 20 9. Defendant Laughlin Watercraft Rentals, LLC’s First Set of Interrogatories to Plaintiff 21 22 23 24 25 26 27 28 April Black; 10. Defendant Laughlin Watercraft Rentals, LLC’s First Set of Interrogatories to Plaintiff Tommie Lynch; 11. Defendant Laughlin Watercraft Rentals, LLC’s First Set of Request for Production to Plaintiff April Black; 12. Defendant Laughlin Watercraft Rentals, LLC’s First Set of Request for Production to Plaintiff Tommie Lynch; 2 1 2 13. to Initial Disclosure Pursuant to Fed. R. Civ. P. 26 Disclosure; 3 4 14. 15. 16. Defendant Kabul, Inc. dba Fastrip PWC Rental’s 1st Set of Interrogatories to Defendant Laughlin Watercraft Rentals, LLC; 9 10 Defendant Kabul, Inc. dba Fastrip PWC Rental’s 1st Set of Interrogatories to Plaintiff April Black; 7 8 Defendant Kabul, Inc. dba Fastrip PWC Rental’s 1st Set of Interrogatories to Plaintiff Tommie Lynch; 5 6 Defendant/Cross-Defendant Kabul, Inc. dba Fastrip PWC Rental’s 2nd Supplement 17. Defendant Laughlin Watercraft Rentals, LLC’s First Supplement to Initial Disclosure Pursuant to Fed. R. Civ. P. 26 Disclosure; and 11 18. Deposition of Defendant Samir Hernandez taken on October 26, 2022. 12 19. Respondents First Set of Request for Production of Documents to Laughlin Rentals; 13 20. Deposition of Tommie Lynch on February 23, 2023; 14 21. Deposition of April Black on February 23, 2023 15 22. Deposition of the Corporate Representative of Defendant Laughlin Watercraft 16 Rentals, LLC 17 23. Plaintiffs’ Initial Expert Disclosures; 18 24. Defendants’ Initial Expert Disclosures; 19 25. Plaintiffs’ Rebuttal Expert Disclosures; and 20 26. Defendants’ Rebuttal Expert Disclosures. 21 27. Deposition of Allision LaValley on March 12, 2024 22 28. Deposition of Alison Osinski on March 26, 2024. 23 29. Deposition of Stan Smith, Ph.D. on April 17, 2024 24 30. Deposition of Lizbeth Barragan on April 29, 2024 25 31. Deposition of Randall Sharpe on June 21, 2024 26 /// 27 /// 28 3 1 B. SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE 2 COMPLETED. 3 Currently at this time the following discovery has not taken place and/or is anticipated: 4 1. Deposition of Mick Brady currently scheduled for July 5 2. Deposition of witness Delia Ambiza; 6 3. Deposition of witness Jocelyn Duarte-Torres; 7 4. Deposition of witness Gloria Torrales ; 8 5. Continued Deposition of Alison Osinski scheduled for July 3, 2024; 9 6. Deposition of Nate Paulino- Laughlin Rentals Employee tentatively scheduled for 10 August 14, 2024; 11 7. Deposition of “Ricardo” (last name unknown) -percipient witness 12 8. Other depositions, subpoenas and/or discovery that might be necessary. 13 C. REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED 14 WITHIN THE DEADLINES CONTAINED IN THE AMENDED DISCOVERY 15 SCHEDULING ORDER 16 Local Rule 26-3 provides that a stipulation to extend discovery deadlines must be supported 17 by a showing of good cause. The parties represent that good cause exists for the Court to grant this 18 stipulation. 19 Since the granting of the last stipulation, the parties have been diligently working together 20 to finalize the above depositions, however, with various scheduling conflicts, parties have not been 21 able to secure dates, in addition to locating and serving the lay witnesses for deposition, specifically 22 Mick Brady a former employee of Laughlin Rentals. Plaintiffs have made attempts to serve Mr. 23 Brady at his last known address and are currently conducting skip tracing for his current location. 24 25 All of the depositions listed in Section B above are imperative to the preparation of the case and the facts surrounding the incident. 26 27 28 4 For this reason, the parties are requesting an extension of all discovery deadlines for thirty 1 (30) days. 2 D. 3 PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY. It is requested that all remaining discovery deadlines in this case be continued as follows: 4 Discovery Current Deadline Proposed Deadline 5 Discovery Cut-Off July 22, 2024 August 22, 2024 6 Dispositive Motions August 19, 2024 September 19, 2024 7 Pre-Trial Order September 19, 2024 October 18, 2024 8 9 10 11 12 13 14 15 16 17 DATED this 3rd day of July, 2024 DATED this 3rd day of July, 2024 /s/ John B. Shook, Esq. ________________________________ JOHN B. SHOOK, ESQ. Nevada Bar No. 5499 MARK A. ROUSE, ESQ. Nevada Bar No. 12273 SHOOK & STONE, CHTD. Las Vegas, Nevada 89101 /s/ Jonathan C. Patillo, Esq. _________________________________ JONATHANC. PATILLO, ESQ. Nevada Bar No. 13929 WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP. 6689 Las Vegas Boulevard South, #200 Las Vegas, Nevada 89119 Attorney for Defendant LAUGHLIN WATER RENTALS, LLC JON L. NORINSBERG, ESQ. NORINSBERG LAW 110 East 59th Street, Ste. 3200 New York, New York 10022 Attorneys for Plaintiffs 18 19 ORDER 20 21 22 IT IS SO ORDERED. DATED: 7/8/2024 ______________________________________ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 5

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