Lavoie v. Hyundai Motor America et al

Filing 80

ORDER Granting 79 Stipulation for Extension of Time. Discovery due by 8/5/2025. Motions due by 9/4/2025. Proposed Joint Pretrial Order due by 10/3/2025. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 11/25/2024. (Copies have been distributed pursuant to the NEF - AMMi)

1
2
3
4
5
6
7
8

PETER S. CHRISTIANSEN, ESQ.
Nevada Bar No. 5254
[e-mail]
R. TODD TERRY, ESQ.
Nevada Bar No. 6519
[e-mail]
WHITNEY J. BARRETT, ESQ.
Nevada Bar No. 13662
[e-mail]
CHRISTIANSEN TRIAL LAWYERS
710 South 7th Street, Suite B
Las Vegas, Nevada 89101
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12
13

LAUREN L. LAVOIE, individually; LAUREN
L. LAVOIE, as Guardian and Natural Parent of
L.S., a Minor,

14

Plaintiffs,

15

vs.

16

HYUNDAI MOTOR AMERICA, a Foreign
Corporation; HYUNDAI MOTOR COMPANY,
a Foreign Corporation; DOES I-X; ROES
CORPORATIONS I-Xl, inclusive,

17
18

CASE NO.: 2-22-cv-00628-GMN-MDC

STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
DEADLINES
[FIRST REQUEST]

Defendants.

19
20

COMES NOW, Plaintiff LAUREN L. LAVOIE, individually, and as Guardian and

21

Natural Parent of L.S., a Minor, by and through her attorneys of record, the law firm

22

CHRISTIANSEN TRIAL LAWYERS, and Defendants HYUNDAI MOTOR COMPANY and

23

HYUNDAI MOTOR AMERICA, by and through their counsel of record, the law firm

24

BOWMAN AND BROOKE, LLP and the law firm of MARIO D. VALENCIA, ATTORNEY

25

AT LAW, LLC, and hereby stipulate to extend discovery deadlines set forth in the Stipulated

26

Discovery Plan and Scheduling Order (ECF No. 65). The parties’ stipulation is supported by the

27

following:

28

1

I. Discovery Completed to Date.

2

The parties have completed the following discovery:

3

•

The parties have conducted a FRCP 26(f) conference on July 19, 2024;

4

•

Plaintiff and Defendant Hyundai Motor America have served their respective FRCP

5
6

26(a) disclosures;
•

7
8

Defendants Hyundai Motor America and Hyundai Motor Company have served
written discovery to Plaintiff. Plaintiff has responded to the same;

•

Plaintiff propounded written discovery on Defendants Hyundai Motor America and

9

Hyundai Motor Company. The deadline for Defendants to serve responses has not yet

10

passed;

11

•

Plaintiff supplemented her FRCP 26(a) disclosures;

12

•

Defendant Hyundai Motor America supplemented its FRCP 26(a) disclosures;

13

•

Plaintiff provided provider specific authorizations pursuant to this Court’s order on
November 20, 2024; and

14
15

•

The following depositions have been completed:

16

1. Sharon Lavoie;

17

2. Leslie Aspillaga;

18

3. Kenneth Harding; and

19

4. Officer James LaRose

20

II. Discovery That Remains to be Completed.

21

•

FRCP 26(a) disclosures from Defendant Hyundai Motor Company including

22

confidential technical documents upon entry of a protective order, which is being

23

prepared;

24

•

Defendant’s responses to Plaintiffs’ written discovery requests which are not yet due;

25

•

Continued supplements to Defendant Hyundai Motor America’s FRCP 26(a)
disclosures;

26
27

•

Disclosure of expert witnesses and rebuttal witnesses by all parties;

28

•

Deposition of Defendant Hyundai Motor America FRCP 30(b)(6);

2

1

•

Deposition of Defendant Hyundai Motor Company FRCP 30(b)(6);

2

•

Deposition of Plaintiff Lauren Lavoie;

3

•

Deposition of witness Christopher Stone;

4

•

Depositions of lay witnesses;

5

•

Depositions of expert witnesses;

6

•

Receipt of medical records from Plaintiff Lauren Lavoie’s previous medical providers;

7
8
9

and,
•

Depositions of treating medical providers.

III. Reasons for Extension.

10

Good cause supports the requested extension. Counsel has been working diligently to

11

adhere to the current discovery deadlines but each side has additional fact discovery they wish to

12

complete before expert discovery, and jointly seek an extension of all discovery deadlines by one-

13

hundred and twenty (120) days. Defendant Hyundai Motor Company is headquartered outside of

14

the United States and, to date, has not disclosed any confidential documents pertaining to this

15

case. Plaintiffs contend that they cannot proceed with FRCP 30(b)(6) depositions of Defendants

16

Hyundai Motor Company and Hyundai Motor America and expert disclosures without the

17

documents they requested in written discovery. By agreement of the parties at the initiation of

18

this lawsuit, Defendants shall have a total of ninety (90) days to respond to written discovery

19

because much of the information to be disclosed by Defendants will come from Korea. Plaintiffs

20

further contend they require Defendants’ written discovery responses and confidential document

21

production before taking depositions of material defense witnesses and retention of expert

22

witnesses.

23

Defendants have not been able to locate witness Christopher Stone whom Plaintiffs have

24

identified as a fact witness and who reportedly serviced the vehicle the day before the crash.

25

Defendants wish to depose Mr. Stone before its expert disclosures because the vehicle was

26

spoliated before Defendants could inspect it, and Mr. Stone has first-hand knowledge of the

27

vehicle and the condition of the vehicle at the time of the crash. Defendants attempted to serve

28

Mr. Stone at his last known address three times and Plaintiff Lauren Lavoie does not have his

3

1

current address. He is thought to reside at a half-way home, and Defendants are continuing to

2

attempt to serve him at this time. Ms. Lavoie’s deposition has also been delayed due to a discovery

3

dispute regarding the discoverability of Plaintiff Lauren Lavoie’s prior medical records.

4

Magistrate Couvillier ordered Plaintiffs to provide HIPAA releases to Defendants which

5

Defendants received on November 20, 2024; however, Defendants are still awaiting Plaintiffs’

6

prior medical records, which are required prior to deposing Ms. Lavoie. Defendants wish to

7

depose Ms. Lavoie before submitting its expert disclosures.

8

The parties now jointly seek to extend the deadline for the close of discovery by one-

9

hundred and twenty (120) days, from April 7, 2025 to August 5, 2025, and to adjust all case

10

deadlines accordingly. This request is made in good faith and not for delay.

11

IV. Proposed Schedule for Completing all Remaining Discovery:

12

The parties propose the following extensions of deadlines:

13

Discovery Deadline

Current Deadline

Proposed Deadline

Close of Discovery
Amending Pleadings and Adding Parties
Plaintiffs’ Initial Expert Disclosures
Defendants’ Expert Disclosures
Defendants’ Rebuttal Expert Disclosures
Interim Status Report
Plaintiffs’ Rebuttal Expert Disclosures
Dispositive Motions
Joint Pre-Trial Order
(if no dispositive motions)

April 7, 2025
November 25, 2024
November 25, 2024
January 9, 2025
January 9, 2025
February 6, 2025
February 24, 2025
May 7, 2025
June 6, 2025

August 5, 2025
March 25, 2025
March 25, 2025
May 9, 2025
May 9, 2025
June 6, 2025
June 24, 2025
September 4, 2025
October 3, 2025

14
15
16
17
18
19
20
21
22
23
24
25

///

26
27

///

28

4