Pop v. U.S. Department of Homeland Security et al

Filing 30

ORDER granting 29 Stipulation to Extend Discovery Deadlines. Discovery due by 1/9/2025. Motions due by 2/12/2025. Proposed Joint Pretrial Order due by 3/11/2025. Signed by Magistrate Judge Brenda Weksler on 11/25/2024. (Copies have been distributed pursuant to the NEF - MAM)

1 JASON M. FRIERSON
United States Attorney
2 District of Nevada
Nevada Bar No. 7709
3
R. THOMAS COLONNA
4 Assistant United States Attorney
501 Las Vegas Blvd. So., Suite 1100
5 Las Vegas, Nevada 89101
[phone]
6 Email: [e-mail]
7 Attorneys for the United States
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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10 ANDREEA POP, Individually,
Plaintiff,

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Case No. 2:23-cv-01301-RFB-BNW
Stipulation and Order to Extend
Discovery Deadlines

v.

13 UNITED STATES; U.S. DEPARTMENT
OF HOMELAND SECURITY;
14 TRANSPORTATION SECURITY
ADMINISTRATION; DOES I
15 through X; and ROE CORPORATIONS I
through X, inclusive,
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Defendants.
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(Second Request)

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Pursuant to LR IA 6-1 and LR 26-3, the parties request a thirty (30) day extension of

20 discovery deadlines, which is supported by grounds and circumstances set forth below. This
21 stipulation is filed at least 21 days before the earliest deadline to be extended (close of
22 discovery). The current deadline for close of discovery is December 10, 2024. The parties
23 have conducted discovery diligently and in good faith. However, unforeseen circumstances
24 that are out of the parties’ control necessitate the request for this extension. This is the
25 second request for an extension of the discovery deadlines.
DISCOVERY COMPLETED

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The parties have completed the following discovery:

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1.

Defendant made its initial disclosures on March 7, 2024.

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2.

Plaintiff made her initial disclosures on March 7, 2024.

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3.

Plaintiff served her first set of requests for production, and first set of

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interrogatories on Defendant on March 19, 2024.

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production, and first set of interrogatories on April 18, 2024.

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Defendant served its responses to Plaintiff’s first set of requests for

5.

Plaintiff served her first set of requests for admission, second set of requests

for production, and second set of interrogatories on Defendant on April 19, 2024.

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6.

Defendant served its responses to Plaintiff’s first set of requests for

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admission, second set of requests for production, and second set of interrogatories on May

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20, 2024.

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7.

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Defendant to obtain Plaintiff’s pertinent medical records.
8.

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12.

Defendant served its first set of requests for admission, first set of

interrogatories and first set of requests for production on Plaintiff on May 30, 2024.
13.

Defendant took Plaintiff’s deposition on June 4, 2024.

14.

Plaintiff served her third supplement to initial disclosures of witnesses and

documents on June 5, 2024.

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Plaintiff served her second supplement to initial disclosures of witnesses and

documents on May 23, 2024.

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Defendant served its second supplement to initial disclosures of witnesses and

documents on May 23, 2024.

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Defendant served it first supplement to initial disclosures of witnesses and

documents on May 20, 2024.

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Plaintiff served her first supplement to initial disclosures of witnesses and

documents on May 6, 2024.

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Defendant requested and Plaintiff provided HIPAA authorizations to allow

15.

Plaintiff took the depositions of TSA agents Bevan and Harris on June 18,

16.

Plaintiff served her third set of interrogatories on Defendant on June 20, 2024.

2024.

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17.

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documents on July 3, 2024.
18.

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19.

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20.

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Plaintiff served its initial expert disclosures on September 10, 2024, and

supplemented them on November 13, 2024.
24.

Plaintiff served her fifth supplement to initial disclosures of witnesses and

documents on September 10, 2024.
25.

Defendant served its fourth supplement to initial disclosures of witnesses and

documents on September 20, 2024.

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Defendant took the deposition of TSA’s Program Analyst, Eric Kruger on

September 19, 2024.

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Plaintiff took the depositions of TSA agents Nguyen and Maglalang on

August 8, 2024.

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Defendant served its third supplement to initial disclosures of witnesses and

documents on August 2, 2024.

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Defendant served its responses to Plaintiff’s third set of interrogatories on July

8, 2024.

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Plaintiff served her responses to Defendant’s first sets of interrogatories,

requests for admission and requests for production, on July 3, 2024.

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Plaintiff served her fourth supplement to initial disclosures of witnesses and

26.

Defendant served its fifth supplement to initial disclosures of witnesses and

documents on October 2, 2024.
27.

Plaintiff served her fourth set of interrogatories on Defendant on October 3,

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28.

Defendant served its initial expert disclosures on October 11, 2024.

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29.

Defendant served its responses to Plaintiff’s fourth set of interrogatories on

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2024.

October 29, 2024.
30.

Defendant served its sixth supplement to initial disclosures of witnesses and

documents on October 29, 2024.
31.

Plaintiff scheduled the deposition of the Person(s) Most Knowledgeable at

TSA on November 20, 2024.
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32.

Defendant scheduled the deposition of Scott Kley, the custodian of records

for Clark County Department of Aviation, on November 29, 2024.

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DISCOVERY REMAINING
Defendant has been working diligently to obtain Plaintiff’s medical records from her

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medical providers. However, Plaintiff’s medical providers are based out of state and

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Defendant has received responses of no records from some of them, or is still waiting to

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receive records from others, including RWJBH University Hospital-Somerset, RWJBH

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Orthopedic & Spine Institute, New Jersey Healthcare Specialists, PC, Rutgers Health-RWJ

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Pathology Medical, Delcrest Medical Supplies, LLC, RWJ University Hospital- Wound

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Care Center, County Podiatry Associates, PA, RWJ Outpatient Center

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(Somerset/Hamilton) - Columbus PT. Additionally, Defendant will need to request records

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from Ahmad Haj-Ibrahim, MD at Florence Medical, PC. The requested additional time

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will allow Defendant the opportunity to obtain the outstanding medical records from Ms.

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Pop’s providers.

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The parties reserve the right to engage in any other discovery permitted by

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applicable rules and within the revised discovery deadlines if the court approves this

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stipulation.

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WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

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Since the entry of the Scheduling Order (ECF No. 28), the parties have been

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working diligently to advance discovery. Defendant has received some of Plaintiff’s

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medical records from her treating providers which are based out of state, and is working on

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obtaining the outstanding records.

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The extension will allow the parties to address discovery issues and schedule and
complete any remaining depositions.

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The parties’ counsel conferred and agreed that a thirty (30) day extension would be

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proper. The parties agree that neither party will be prejudiced by the proposed extension,

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and that they may be prejudiced should the current schedule remain in place. The parties

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agree the extension is sought in good faith.
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1

EXTENSION OF THE DISCOVERY PLAN AND SCHEDULING ORDER

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The following table sets forth the current deadlines and the proposed thirty (30) day

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extension of discovery deadlines that are the subject of this stipulated request:

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CURRENT
DEADLINE

PROPOSED
DEADLINE

Discovery Cutoff

December 10, 2024

January 9, 2025

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Dispositive Motions

January 13, 2025

February 12, 2025

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Proposed Joint Pretrial Order

February 10, 2025

March 11, 20251

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SCHEDULED EVENT

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This request for an extension of time is not sought for any improper purpose

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including delay. This is the second request for an extension of discovery deadlines in this
matter.
Respectfully submitted this 21st day of November 2024.

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J. COGBURN LAW

JASON M. FRIERSON
United States Attorney

/s/Joseph J. Troiano _________
Joseph J. Troiano, Esq.
Nevada Bar No. 12505
2580 St. Rose Parkway, Suite 330
Henderson, NV 89074
Attorney for Plaintiff

/s/R. Thomas Colonna
R. THOMAS COLONNA
Assistant United States Attorney
501 Las Vegas Blvd. So., Suite1100
Las Vegas, Nevada 89101

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED: 11/25/2024

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However, if dispositive motions were to be filed, the deadline for the Proposed Joint Pretrial Order would be
deferred until 30 days after the Court rules on the dispositive motions.

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