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)

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1 2 3 4 5 6 7 8 PETER S. CHRISTIANSEN, ESQ. Nevada Bar No. 5254 pete@christiansenlaw.com R. TODD TERRY, ESQ. Nevada Bar No. 6519 tterry@christiansenlaw.com WHITNEY J. BARRETT, ESQ. Nevada Bar No. 13662 wbarrett@christiansenlaw.com CHRISTIANSEN TRIAL LAWYERS 710 South 7th Street, Suite B Las Vegas, Nevada 89101 Telephone: (702) 240-7979 Facsimile: (866) 412-6992 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

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