Walters v. Marshall

Filing 16

ORDER Granting 15 Stipulation to Extend Discovery. Discovery due by 3/8/2023. Motions due by 4/6/2023. Proposed Joint Pretrial Order due by 5/8/2023. Signed by Magistrate Judge Cam Ferenbach on 9/19/2022. (Copies have been distributed pursuant to the NEF - LOE)

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Case 2:21-cv-02014-JCM-VCF Document 16 Filed 09/19/22 Page 1 of 6 1 2 3 4 5 6 BRUCE SCOTT DICKINSON, ESQ. Nevada Bar No. 002297 STEPHENSON & DICKINSON, P.C. 2820 West Charleston Boulevard, Suite B-17 Las Vegas, Nevada 89102 Telephone: (702) 474-7229 Facsimile: (702) 474-7237 email: admin@sdlawoffice.net Attorneys for Defendant 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 DANIEL WALTERS, 11 12 13 14 15 Plaintiff, Stipulation and Proposed Order to Extend Discovery vs. (Third Request) DREW ELLIOT MARSHALL, an Individual; DOES I through X; and ROE CORPORATIONS I through X, inclusive, Defendants. 16 17 CASE NO. 2:21-cv-02014-JCM-VCF Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of 18 record, hereby stipulate and request that this Court extend discovery in the above-captioned case 19 ninety (90) days from the current deadline of December 8, 2022, up to and including March 8, 2023. 20 In addition, the parties request that all other future deadlines contemplated by the Discovery Plan and 21 Scheduling Order be extended pursuant to Local Rule. In support of this Stipulation and Request, 22 the parties state as follows: 23 1. On August 10, 2021, Plaintiff filed his Complaint in the Eighth Judicial District 24 Court, Clark County, Nevada; Case No. A-21-839217-C. Mr. Marshall was served 25 with the Summons and Complaint on October 14, 2021. 26 2. District Court, District of Nevada. 27 28 On November 8, 2021, Defendant timely removed this action to the United States 3. On November 8, 2021, Defendant filed his Certificate of Interested Parties. 1 Case 2:21-cv-02014-JCM-VCF Document 16 Filed 09/19/22 Page 2 of 6 1 4. On November 12, 2021, Defendant filed his Answer to Complaint and Jury Demand. 2 5. On December 2, 2021, Plaintiff filed his Certificate of Interested Parties 3 6. On December 7, 2021, Defendant filed his Statement Regarding Removal. 4 7. On December 8, 2021, the parties filed a Joint Status Report Pursuant to the Court’s Minute Order Dated November 8, 2021 5 6 8. On December 14, 2021, the parties conducted the FRCP 26(f) conference. 7 9. On December 16, 2021, Plaintiff served his Initial Rule 26(f) Disclosures. 8 10. On December 30, 2021, Defendant served his Initial Rule 26(f) Disclosures. 9 11. On November 17, 2021, Defendant served his First Set of Interrogatories and Requests for Production of Documents. 10 11 12. and Requests for Production of Documents. 12 13 13. 14. On February 8, 2022, Defendant served his First FRCP 26(f) Supplemental Disclosure. 16 17 On January 27, 2022, Defendant served his Second Set of Requests for Production of Documents and Plaintiff’s responses are due February 28, 2022. 14 15 On December 20, 2021, Plaintiff answered Defendant’s First Set of Interrogatories 15. On February 11, 2022, Plaintiff served his First Set of Interrogatories and Requests for Production of Documents, which Defendant is serving his response May 4, 2022. 18 19 16. On February 11, 2022, Plaintiff served his First FRCP 26(f) Supplemental Disclosure. 20 17. On February 14, 2022, Defendant served his Second FRCP 26(f) Supplemental Disclosure. 21 22 18. Disclosure. 23 24 19. 20. On April 18, 2022, Defendant served his Fourth FRCP 26(f) Supplemental Disclosure. 27 28 On April 11, 2022, Defendant’s expert inspected Plaintiff’s vehicle and the data from that inspection was disclosed on April 18, 2022. 25 26 On February 23, 2022, Defendant served his Third FRCP 26(f) Supplemental 21. On April 28, 2022, Defendant served his Fifth FRCP 26(f) Supplemental Disclosure. 2 Case 2:21-cv-02014-JCM-VCF Document 16 Filed 09/19/22 Page 3 of 6 1 22. On May 4, 2022, Defendant’s Responses to Plaintiff’s First Set of Requests for Production of Documents and Answers to Interrogatories were served. 2 3 23. On August 10, 2022, Plaintiff took the deposition of Defendant Drew Marshall. 4 24. On August 11, 2022, Defendant served his Sixth FRCP 26(f) Supplemental Disclosure. 5 6 25. On August 12, 2022, Defendant took the deposition of Plaintiff Daniel Walters. 7 26. On August 16, 2022, Defendant served his Seventh FRCP 26(f) Supplemental Disclosure. 8 Discovery Remaining 9 10 1. The parties will continue participating in written discovery. 11 2. The parties may take the depositions of any and all other witnesses garnered through discovery. 12 3. 13 Defendant has subpoenaed records, but still have not received medical, billing and/or 14 diagnostic imaging records from Radiology Specialists, DiMuro Pain Management 15 and Valley Anesthesiology. Defendant’s medical experts need a complete set of 16 records before final reports are submitted. 4. 17 Defendant’s expert, William Redfairn, will conduct a second inspection of Mr. 18 Marshall’s vehicle for the purpose of having the bumper removed. This is for the 19 purpose of evaluating if any underlying damage was done to the frame of the vehicle. 20 Why Remaining Discovery Has Not Been Completed 1. 21 From June 9, 2022 to June 17, 2022, the undersigned counsel for Mr. Marshall was 22 quarantined with COVID. This resulted in delays in taking the depositions of Mr. 23 Walters and Mr. Marshall. 2. 24 Three of the Plaintiff’s medical providers have not responded to subpoenas for their 25 respective medical records. These providers are Radiology Specialists, DiMuro Pain 26 Management and Valley Anesthesiology. 27 ... 28 ... 3 Case 2:21-cv-02014-JCM-VCF Document 16 Filed 09/19/22 Page 4 of 6 1 2 3. Defense counsel is scheduled to begin a 4-week trial on October 10, 2022 in Martha Lopez v. Swift Transportation, et al. District Court Case No. A-18-779263-C. 4. 3 The parties have agreed to a private mediation, which is being scheduled. As of the 4 date of the filing of this stipulation, the mediation date has not been finalized. When the date is 5 finalized, the parties will advise the court. Part of the goal of the mediation is to work to resolve the 6 case and avoid unnecessary expenditure of costs for expert reports and related discovery. The parties have agreed to and suggest the following dates: 7 Scheduled Event 8 9 Initial Expert Disclosures Current Deadline Proposed Deadline October 7, 2022 January 5, 2023 February 6, 2023 10 Rebuttal Expert Disclosures November 7, 2022 11 Discovery Cut-Off December 8, 2022 12 Final Date for Dispositive 13 Motions 14 Joint 15 Order 16 Proposed Pre-Trial January 6, 2023 April 6, 2023 February 6, 2023, or 30 May 8, 2023, or 30 days after days after resolution of resolution of dispositive dispositive motions motions 17 18 ... 19 ... 20 ... 21 ... 22 ... 23 ... 24 ... 25 ... 26 ... 27 ... March 8, 2022 3 28 4 Case 2:21-cv-02014-JCM-VCF Document 16 Filed 09/19/22 Page 5 of 6 1 The parties respectfully request that this Court extend the discovery period by ninety (90) 2 days from the current deadline of December 8, 2022, up to and including March 8, 2023, and the 3 other dates as outlined in accordance with the table above. 4 DATED this 16th day of September, 2022. DATED this 16th day of September, 2022. 5 STEPHENSON & DICKINSON, P.C. MOSS BERG INJURY LAWYERS By:_________________________________ BRUCE SCOTT DICKINSON, ESQ. Nevada Bar No. 002297 2820 West Charleston Boulevard, Suite B-17 Las Vegas, Nevada 89102 Attorneys for Defendants By:__//Marcus A. Berg, Esq.//___ MARCUS A. BERG, ESQ. Nevada State Bar No. 009760 4101 Meadows Lane, Ste. #110 Las Vegas, Nevada 89107 Attorneys for Plaintiff 6 7 8 9 10 11 12 13 14 15 16 17 Order IT IS SO ORDERED. Dated this 19th day of September, 2022. _________________________________________ United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 5 Case 2:21-cv-02014-JCM-VCF Document 16 Filed 09/19/22 Page 6 of 6 From: To: Cc: Subject: Date: Attachments: Marcus Berg Krisanne Steele-Fetcho Tonya Baltazar; Bruce Dickinson Re: Walters v. Marshall Thursday, September 15, 2022 7:14:11 PM 9.15.22 SAO to Ext Discovery (3rd Req).doc You may add my esignature. Thank you, Marcus Berg, Esq. Moss Berg Injury Lawyers 4101 Meadows Ln, Ste 110 Las Vegas, NV 89107 P: (702) 222-4555 F: (702) 222-4556 www.mossberginjurylaw.com marcus@mossberglv.com On Sep 15, 2022, at 1:20 PM, Krisanne Steele-Fetcho <ksf@sdlawoffice.net> wrote: Thank you Tonya. Attached is the revised Stip & Order. Please review and advise if we have your permission to affix Mr. Berg’s e-signature and submit to the court. Krisanne Steele-Fetcho Paralegal STEPHENSON & DICKINSON, P.C. 2820 West Charleston Boulevard, Suite 17 Las Vegas, Nevada 89102 (702) 474-7229 (702) 474-7237 - facsimile NOTICE: This e-mail message and any attachment to this e-mail message is attorney PRIVILEGED and CONFIDENTIAL. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, and use or disseminate this e-mail or any attachments to it. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Stephenson & Dickinson.

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