Schorr v. Wolf Principal Holdings, LP et al

Filing 43

ORDER granting 42 Stipulation re Wolff Principal Holdings, LP dba Fremont & 9th Apartments De-Designation of Expert Witness and Augmentation of Expert Disclosure. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 3/4/2025. (Copies have been distributed pursuant to the NEF - MAM)

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DAVID S. LEE, ESQ.
Nevada Bar No.: 6033
ROBERT T. ROBBINS, ESQ.
Nevada Bar No.: 6109
LEE, LANDRUM & INGLE
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for WOLFF PRINCIPAL HOLDINGS, LP
dba FREMONT & 9TH APARTMENTS

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,

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LEE, LANDRUM & INGLE
7575 VEGAS DRIVE, SUITE 150
LAS VEGAS, NV 89128
[phone]

CASE NO.: 2:22-CV-01806-MMD-MDC

SETH SCHORR,

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v.

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WOLFF PRINCIPAL HOLDINGS, LP dba
FREMONT & 9th APARTMENTS;
SCHINDLER ELEVATOR
CORPORATION; DOES I through X; and
ROE BUSINESS ENTITIES I through X,
inclusive,

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STIPULATION AND ORDER RE
WOLFF PRINCIPAL HOLDINGS, LP
dba FREMONT & 9TH APARTMENTS
DE-DESIGNATION OF EXPERT
WITNESS AND AUGMENTATION OF
EXPERT DISCLOSURE

Defendants.

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STIPULATION AND ORDER RE WOLFF PRINCIPAL HOLDINGS, LP dba
FREMONT & 9TH APARTMENTS DE-DESIGNATION OF EXPERT WITNESS AND
AUGMENTATION OF EXPERT DISCLOSURE

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IT IS STIPULATED AND AGREED, by and between Plaintiff Seth Schorr, by and

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through his attorney of record, Nia Killebrew, Esq. of Richard Harris Law Firm; Defendant

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Wolff Principal Holdings, LP d/b/a Fremont & 9th Apartments (hereinafter “Wolff”), by and

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through its attorney of record, David S. Lee, Esq. of Lee, Landrum & Ingle, and Defendant

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Schindler Elevator Corporation, by and through its attorney of record, Jay J. Schuttert of Evans

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Fears Schuttert, that Wolff be permitted to De-Designate its expert Michael Fagan QEC, CFLC

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of ATIS Elevator Consultants, due to Mr. Fagan’s retirement in late 2024, and that Wolff be

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permitted to Augment its Expert Witness disclosure, served September 3, 2024, to replace Mr.

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Fagan, and designate Timothy Marshall, QEI, of ATIS Elevator Consultants, in his place.
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Wollf’s Expert Disclosure will be revised as follows:
4.

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Michael Fagan QEC, CFLC
Jill Sweeney
Frank Fletcher
Northwestern Region
ATIS Elevator Consultants
Elk Grove, CA 95624
[phone]

LEE, LANDRUM & INGLE
7575 VEGAS DRIVE, SUITE 150
LAS VEGAS, NV 89128
[phone]

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Mr. Fagan is a Senior Consultant & Northwestern Region Team leader for Commercial

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Consulting and Engineering services for elevator and escalator construction and modernization

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projects, and public money projects. He has expertise in interfacing with Federal, State and Local

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Governmental Agencies and Universities, Owners and Contractors, Architects, Managing Agents,

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HOAs, Carriers and Elevator Code Authorities for product availability, reliability, research, and

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Forensic Investigations. He also has expertise in equipment and Due Diligence Audits for

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Maintenance, Repairs, Owners Acceptance, and Construction defects. He will offer opinions in

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response to those of Plaintiff’s experts and testify in a manner consistent with his report in this

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matter, a copy of which is attached as Exhibit D. Mr. Fagan’s current curriculum vitae, fee

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schedule, and list of trial and deposition testimony for the previous four years are appended to his

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report.

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All of the above-named experts reserve the right to supplement and/or amend their
opinions as discovery continues and as additional information becomes available.
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Timothy Marshall, QEI, QEC
Senior Consultant
ATIS Elevator Consultants
510 Wilson Road,
Annapolis, MD 21401
[phone]

Mr. Marshall holds a degree from the University of Baltimore, is a Certified Elevator
Inspector and Certified Elevator Consultant. Mr. Marshall is a Senior Consultant and leader for
Commercial Consulting and Engineering services for elevator and escalator construction and
modernization projects, and public money projects. He has expertise in interfacing with Federal,
State and Local Governmental Agencies and Universities, Owners and Contractors, Architects,
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Managing Agents, HOAs, Carriers and Elevator Code Authorities for product availability,

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reliability, research, and Forensic Investigations. He also has expertise in equipment and Due

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Diligence Audits for Maintenance, Repairs, Owners Acceptance, and Construction defects. He

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will offer opinions in response to those of Plaintiff’s experts and testify in a manner consistent

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with Mr. Fagan’s original report and his own supplemental report, a copy of said supplement

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report is attached as Exhibit D. Mr. Marshall’s current curriculum vitae, fee schedule, and list of

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trial and deposition testimony for the previous four years are appended to his report.

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SUBMITTED BY THE FOLLOWING COUNSEL OF RECORD:

LEE, LANDRUM & INGLE
7575 VEGAS DRIVE, SUITE 150
LAS VEGAS, NV 89128
[phone]

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DATED this 3rd day of March 2025.

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LEE, LANDRUM & INGLE

RICHARD HARRIS LAW FIRM

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/s/ David S. Lee
David S. Lee, Esq. (SBN 6033)
Robert T. Robbins, Esq. (SBN 6109)
7575 Vegas Drive, Suite 150
Las Vegas, NV 89128
Attorneys for Defendant Wolff Principal
Holdings, LP dba Fremont & 9th Apartments

/s/ Nia C. Killebrew
Nia C. Killebrew, Esq. (SBN 4553)
801 South Fourth Street
Las Vegas, NV 89101
Attorneys for Plaintiff Seth Schorr

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EVANS FEARS SCHUTTERT MCNULTY
MICKUS
/s/Jay J. Schuttert
Jay J. Schuttert, Esq. (SBN 8656)
Skylar Arakawa-Pamphilon, Esq. (SBN 15864)
6720 Via Austi Parkway, Suite 300
Las Vegas, NV 89119
Attorneys for Defendant/Cross-Defendant
Schindler Elevator Corporation
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