Heredia v. United States of Americla ex rel United States Postal Service

Filing 19

ORDER granting 18 Stipulation to Extend Discovery Plan and Scheduling Order. Discovery due by 3/30/2024. Motions due by 5/1/2024. Proposed Joint Pretrial Order due by 5/31/2024. Signed by Magistrate Judge Daniel J. Albregts on 11/14/2023. (Copies have been distributed pursuant to the NEF - CT)

1 JASON M. FRIERSON
United States Attorney
2 District of Nevada
Nevada Bar No. 7709
3 STEPHEN R. HANSON II
Assistant United States Attorney
4 501 Las Vegas Blvd. So., Suite 1100
Las Vegas, Nevada 89101
5 [phone]
[e-mail]
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Attorneys for the United States
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Hernando Alberto Heredia,

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Plaintiff,
v.

United States of America ex rel. United
13 States Postal Service,
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Case No. 2:22-cv-01846-RFB-DJA
Stipulation to Extend Discovery Plan
and Scheduling Order
(Second Request)

Defendants.

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The parties stipulate to extend the remaining deadlines in the Stipulated Discovery

17 Plan and Scheduling Order by 60 days. This is the second request to extend the Stipulated
18 Discovery Plan and Scheduling Order. This extension is requested because the United
19 States recently received all subpoenaed records and needs additional time to provide
20 supplemental disclosures and expert reports to Plaintiff.
21 I.

Discovery Completed

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The parties have exchanged written discovery in the form of interrogatories and

23 requests for production of documents. The parties have taken depositions of the Plaintiff
24 and the government driver. The United States has subpoenaed 16 medical providers. The
25 United States has received records and imaging from all providers. The United States has
26 made a supplemental disclosure of subpoenaed records it received. Plaintiff has served an
27 expert disclosure.
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1 II.

Discovery Remaining

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The United States need to exchange expert reports. The United States needs to

3 provide an additional supplemental disclosure of the documents it has received through
4 subpoenas.
5 III.

Why Discovery Has Not Been Completed

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One of the providers that had not produced documents was discovered later in

7 discovery, and United States was following up with the provider for those records and
8 ultimately received them. In addition, the United States needed to follow up with some of
9 the providers for medical imaging that its expert requested, and the United States recently
10 received all of the imaging that it requested. With the impending holidays and potential
11 work-related travel for the United States’ counsel the week that expert disclosures are due,
12 the United States needs additional time to consult with its expert about the imaging and
13 produce a supplemental disclosure and expert reports.
14 IV.

Proposed Deadlines

15 Close of Discovery: March 30, 2024 (from January 30, 2024)
16 Initial Expert Disclosures: January 30, 2024 (from December 1, 2023)
17 Rebuttal Expert Disclosures: March 2, 2024 (from January 2, 2024)
18 Dispositive Motions: May 1, 2024 (from March 2, 2024)
19 Joint Pre-Trial Order: May 31, 2024 (from April 1, 2024)
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Respectfully submitted this 9th day of November 2023.

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JASON M. FRIERSON
United States Attorney

HICKS & BRASIER, PLLC

/s/ Stephen R. Hanson II
STEPHEN R. HANSON II
Assistant United States Attorney

/s/ Betsy C. Jefferis-Aguilar______
BETSY C. JEFFERIS-AGUILAR
Attorney for Plaintiff

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IT IS SO ORDERED:

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______________________________
UNITED STATES MAGISTRATE JUDGE
11/14/2023
DATED:____________________

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