Derasmo v. Costco Wholesale Corporation

Filing 17

ORDER Granting 16 Stipulation to Extend Discovery Deadlines. Discovery due by 10/10/2023. Motions due by 11/10/2023. Signed by Magistrate Judge Daniel J. Albregts on 5/18/2023. (Copies have been distributed pursuant to the NEF - AMMi)

Case 2:22-cv-02043-JAD-DJA Document 17 Filed 05/18/23 Page 1 of 6

EDGAR CARRANZA, ESQ.
1 Nevada Bar No. 5902
2 ASHLEY WALTERS, ESQ.
Nevada Bar No. 16338
3 MESSNER REEVES LLP
8945 West Russell Road, Suite 300
4 Las Vegas, Nevada 89148
[phone]
5 Telephone:
Facsimile:
[phone]
6 E-mail: [e-mail]
Attorneys for Defendant
7 COSTCO WHOLESALE CORPORATION
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NANCY DERASMO, an individual,

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Plaintiffs,

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vs.

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COSTCO WHOLESALE CORPORATION,
a Delaware Corporation; DOE INDIVIDUAL
RETAIL STORE OWNER, I through X,
inclusive; ROE ENTITY RETAIL STORE
OWNER, I through X, inclusive; DOE
INDIVIDUAL MAINTENANCE
CONTRACTORS, I through X, inclusive;
DOES INDIVIDUALS I through X,
inclusive; and ROE CORPORATIONS I
through X, inclusive.

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CASE NO.: 2:22:cv-02043-JAD-DJA 

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Defendants.

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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES
(Second Request)

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IT IS HEAREBY STIPULATED by and between Plaintiff, NANCY DERASMO (hereinafter

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referred to as “Ms. Derasmo” or “Plaintiff”), and Defendant, COSTCO WHOLESALE

Case 2:22-cv-02043-JAD-DJA Document 17 Filed 05/18/23 Page 2 of 6

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CORPORATION (hereinafter referred to as “Costco” or “Defendant”), by and through their

2 respective counsel, to extend the current discovery deadlines by sixty (60) days pursuant to LR IA 63 1 and LRII 26-3 as follows:
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I.

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DISCOVERY COMPLETED
1.

Plaintiff served her initial disclosures pursuant to FRCP 26 on December 28, 2022.

2.

Costco served its initial disclosures pursuant to FRCP 26 on January 24, 2023.

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3.

Plaintiff served a First Set of Interrogatories to Costco on February 9, 2023.

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4.

Plaintiff served a First Set of Requests for Production to Costco on February 9, 2023.

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5.

Costco served its First Set of Interrogatories to Plaintiff on March 3, 2023.

6.

Costco served its First Set of Requests for Production to Plaintiff on March 3, 2023.

7.

Costco served its responses to Plaintiff’s First Set of Interrogatories on March 21,

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2023.

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2023.
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10.

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Plaintiff requested deposition dates for Costco’s Rule 30(b)(6) representative with a
list of topics on May 8, 2023.

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Costco served Subpoenas of records from Plaintiff’s various health care providers on
April 24, 2023.

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Costco served its responses to Plaintiff’s Requests for Production on March 21,

Plaintiff served her responses to Costco’s First Set of Requests for Production on
May 12, 2023.

12.

Plaintiff served her responses to Costco’s First Set of Interrogatories on May 15,
2023.

Case 2:22-cv-02043-JAD-DJA Document 17 Filed 05/18/23 Page 3 of 6

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II.

DISCOVERY TO BE COMPLETED
1.

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Responses to Costco’s Subpoena of records from Plaintiff’s various health care
providers.

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2.

Deposition of Plaintiff.

3.

Deposition of Costco personnel.

4.

Deposition of additional fact witnesses, and/or employees of Defendant.

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5.

Depositions of Plaintiff’s health care providers.

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6.

Costco’s Expert disclosures.

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7.

Plaintiff’s expert disclosures.

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Depositions of Plaintiff’s experts.

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Deposition of Costco’s experts.

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All other discovery that may become necessary as litigation continues.

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III.

REASONS THAT DISCOVERY HAS NOT BEEN COMPLETED
Pursuant to LRII 26-3, this Court is permitted to extend discovery deadlines where the parties

have shown good cause for the same and where the parties’ request is made at least twenty-one (21)
days before the discovery cut-off date. See LR IA 6-1.
Initially, the Parties engaged in discussions and reaching an agreement as to the confidentiality

21 and protective order which was crafted and filed with this Court. The Order provides protection to
22 the parties with respect to any confidential and/or proprietary documents and information which may
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be requested and produced in this case so as to expedite the production of the same. This took some
time to finalize and have submitted to this Court.
The parties have acted in good faith in attempting to comply with discovery deadlines. The

27 parties are attempting to schedule depositions of Plaintiff and Costco’s 30(b)(6) representative. The
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Case 2:22-cv-02043-JAD-DJA Document 17 Filed 05/18/23 Page 4 of 6

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parties are in the midst of gathering all relevant information and request additional time to be able to

2 complete the remaining discovery.
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Additionally, settlement discussion have begun between the parties. The discussions are

4 ongoing and, in order to conserve the Court’s time and resources, the parties are requesting additional
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time to come to an agreement outside of court.

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Accordingly, the parties respectfully request that the discovery deadlines be extended for a

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8 period of sixty (60) days as noted below. Counsel are in no way attempting to unnecessarily delay
9 discovery in this matter, further, the parties believe that this extension will not affect the trial date.
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IV.

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CURRENT SCHEDULE FOR COMPLETING DISCOVERY
Close of Discovery:

August 11, 2023

Amendment of Pleading and Adding Parties:

Closed

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Initial Expert Disclosures:

June 14, 2023

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Rebuttal Expert Disclosures:

July 14, 2023

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Final Date to File Dispositive Motions:

September 11, 2023

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V.

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PROPOSED SCHEDULE OF DISCOVERY
Close of Discovery:

October 10, 2023

Amendment of Pleading and Adding Parties:

Closed

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Initial Expert Disclosures:

August 14, 2023

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Rebuttal Expert Disclosures:

September 11, 2023

Final Date to File Dispositive Motions:

November 10, 2023

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....
....

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Case 2:22-cv-02043-JAD-DJA Document 17 Filed 05/18/23 Page 5 of 6

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VI.

CURRENT TRIAL DATE
There is not a current trial date scheduled on this matter. The parties will agree to a date

3 that is convenient for the Court.
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DATED this 16th day of May 2023.

DATED this 16th day of May 2023.

MESSNER REEVES LLP

G. DALLAS HORTON & ASSOCIATES

/s/ Edgar Carranza ________________
EDGAR CARRANZA, ESQ. (NBN 5902)
ASHLEY WALTERS (NBN 16338)
8945 West Russell Road, Suite 300
Las Vegas, Nevada 89148
Attorneys for Defendant
COSTCO WHOLESALE CORPORATION

_/s/ David Thomas___________________
DAVID THOMAS, ESQ. (NBN 3172)
4435 S. Eastern Ave.
Las Vegas, Nevada 89119
Attorney for Plaintiff
NANCY DERASMO

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ORDER

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IT IS SO ORDERED

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18th
Dated this ______ day of May, 2023.

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___________________________________
UNITED STATE MAGISTRATE JUDGE

Case 2:22-cv-02043-JAD-DJA Document 17 Filed 05/18/23 Page 6 of 6
Patti Sherretts
From:
Sent:
To:
Cc:
Subject:

David Thomas <[e-mail]>
Tuesday, May 16, 2023 11:16 AM
Patti Sherretts
Edgar Carranza; Ashley E. Walters; Vikki Weyandt
RE: Costco adv. Derasmo

[ EXTERNAL EMAIL ]

Looks great.  You can use my signature.  Thanks for drafting it.   
From: Patti Sherretts <[e-mail]>  
Sent: Tuesday, May 16, 2023 11:12 AM 
To: David Thomas <[e-mail]> 
Cc: Edgar Carranza <[e-mail]>; Ashley E. Walters <[e-mail]>; Vikki Weyandt 
<[e-mail]> 
Subject: Costco adv. Derasmo 
Mr. Thomas: 
Please find attached the proposed Stipulation and Order to Continue Deadlines (2nd Request). Please review and advise if
we have your authority to affix your electronic signature. 
Thank you. 
PATTI SHERRETTS 
Legal Assistant

O: 702.363.5100 E: [e-mail] 
8945 W. Russell Road, Suite 300, Las Vegas, NV 89148 

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