Sitivong v. United States of America et al

Filing 43

ORDER Granting 42 Stipulation to extend discovery deadlines. Discovery due by 3/31/2023. Motions due by 5/1/2023. Proposed Joint Pretrial Order due by 5/31/2023. Signed by Magistrate Judge Brenda Weksler on 11/16/2022. (Copies have been distributed pursuant to the NEF - LOE)

Case 2:22-cv-00169-APG-BNW Document 43
42 Filed 11/16/22
11/15/22 Page 1 of 3

1 JASON M. FRIERSON
United States Attorney
2 District of Nevada
Nevada Bar Number 7709
3
SKYLER H. PEARSON
4 Assistant United States Attorney
501 Las Vegas Blvd. So., Suite 1100
5 Las Vegas, Nevada 89101
[phone]
6 [e-mail]
7 Attorneys for the United States
8
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

9
10
11

Manichanh Sitivong,

12

Plaintiff,

13
14
15

v.

Case No. 2:22-cv-00169-APG-BNW
Stipulation and Order to Amend
Discovery Plan and Extend Deadlines
(Second Request)

United States of America; DOES I through
X, inclusive; ROE BUSINESS ENTITIES, I
through X, inclusive,

16

Defendants.

17
18

Pursuant to Local Rules IA 6-1 and 26-4, Plaintiff, Manichanh Sitivong, and

19 Defendant, United States of America, through counsel, submit the following Stipulation to
20 Extend Deadlines 60 days. This is the second request for an extension of case deadlines.
21 This stipulation is being submitted 15 days prior to the next discovery deadline.
22 A.

Discovery Completed:

23

1.

The parties have exchanged Rule 26(a) disclosures and supplemented their

24 disclosures.
25

2.

Defendant continues to send out subpoenas and receive medical records from

26 Plaintiff’s medical providers.
27

3.

Plaintiff’ was deposed on August 25, 2022.

28

4.

Special Agent Jae Carlton Beasley was deposed on October 18, 2022.

Case 2:22-cv-00169-APG-BNW Document 43
42 Filed 11/16/22
11/15/22 Page 2 of 3

1

5.

Plaintiff served written discovery on October 17, 2022.

2

6.

The investigating officer’s deposition is scheduled for November 18, 2022.

3

B.

Discovery Remaining:

4
5

1.

The parties may serve additional written discovery, third-party subpoenas, and

plan to conduct depositions of Plaintiff’s treating medical providers and others.

6

2.

The parties will continue to supplement their initial disclosures.

7

3.

In addition, the parties will designate and depose retained and non-retained

8

medical experts, if applicable.

9

4.

Depositions of witnesses and treating physicians.

10

5.

Continued production of additional medical records and billing.

11

C.

Need for Extension of Discovery Plan:

12

The current 60-day extension is being sought for the following reasons. First, the

13

United States has experienced delays in obtaining and reviewing medical records and hiring

14

experts. Further, the United States Attorney’s Office recently had another experienced

15

AUSA leave the office. This required that AUSA’s assigned cases to be reassigned to the few

16

remaining AUSAs that handle civil cases. Those case reassignments required the remaining

17

AUSAs, including AUSA Pearson, to get up to speed with new cases and meet additional

18

and unforeseen case deadlines in other cases. Finally, scheduling the deposition of the

19

investigating officer had to be set and rescheduled due to his availability. Therefore, an

20

extension will provide the parties the necessary time to complete discovery in this case.

21

Respective counsel for the parties have a good working relationship and have

22

discussed this request and are in agreement that an additional 60-days is appropriate. This

23

additional time will also allow the parties sufficient time to continue to conduct discovery.

24

D.

25
26

Proposed New Discovery Schedule:
1. Discovery Cutoff Date: Discovery cutoff is currently scheduled for January 30,

2023, and will be extended to March 31, 2023.

27
28
2

Case 2:22-cv-00169-APG-BNW Document 43
42 Filed 11/16/22
11/15/22 Page 3 of 3

1

2. Expert Disclosures: Initial expert disclosures currently due on November 30, 2022,

2

will be extended to January 30, 2023; and rebuttal expert disclosures currently due January

3

2, 2023, will be extended to March 3, 2023.

4
5

3. Dispositive Motions: Dispositive motions currently due March 1, 2023, will be
extended to May 1, 2023, which is the first weekday 30 days after discovery cutoff.

6

4. Pre-Trial Order: A Joint Pretrial Order shall be filed by May 31, 2023, which is

7

30 days after the deadline for filing dispositive motions. However, if any dispositive motions

8

are filed, the Joint Pretrial Order shall be due 30 days after decision on such motion(s).

9

Disclosures under Fed. R. Civ. P. 26(a)(3) and any objections thereto shall be included in the

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Joint Pretrial Order.
Respectfully submitted this 15th day of November 2022.
DENNIS M. PRINCE
Nevada Bar No. 5092
ANDREW R. BROWN
Nevada Bar No. 15785
PRINCE LAW GROUP
10801 W. Charleston Blvd.,
Suite 560
Las Vegas, Nevada 89135
-AndCHAD M. GOLIGHTLY
LAW OFFICE OF CHAD M.
GOLIGHTLY, LTD.
8560 S. Eastern Ave., Suite 240
Las Vegas, NV 89123

JASON M. FRIERSON
United States Attorney
/s/ Skyler Pearson
SKYLER H. PEARSON
Assistant United States Attorney
Attorneys for the United States

/s/Andrew R. Brown
ANDREW R. BROWN
Attorneys for Plaintiff
IT IS SO ORDERED:

25

___________________________________________
UNITED STATES MAGISTRATE JUDGE

26

DATED: November 16, 2022

27
28
3