Reyes v. Cardenas Markets, LLC et al

Filing 37

ORDER granting 36 Stipulation to Continue Discovery Deadlines. NO FURTHER EXTENSIONS WILL BE GRANTED. Discovery due by 7/19/2024. Motions due by 8/16/2024. Proposed Joint Pretrial Order due by 9/13/2024. Signed by Magistrate Judge Nancy J. Koppe on 6/3/2024. (Copies have been distributed pursuant to the NEF - MAM)

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MICHAEL P. LOWRY, ESQ.
Nevada Bar No. 10666
E-mail: [e-mail]
JONATHAN C. PATTILLO, ESQ.
Nevada Bar No. 13929
E-mail: [e-mail]
6689 Las Vegas Boulevard South, Suite 200
Las Vegas, NV 89119
Tel: [phone]/Fax: [phone]
Attorneys for Cardenas Markets, LLC; Elias Properties of
Las Vegas, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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Homero Reyes,

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Case No.: 2:23-cv-1346
Plaintiff,
Stipulation and Order To Continue
Close of Discovery Deadline

vs.
Doe Employee, individually; Cardenas Markets,
LLC, a Foreign Limited-Liability Company; Elias
Properties of Las Vegas, LLC, a Foreign LimitedLiability Company; Doe Individuals I-X and Roe
Legal Entities I-X, inclusive,

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(2nd Request)

Defendants.

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Pursuant to Federal Rule of Civil Procedure 29(b) and Local Rules IA 6-1, 7-1 and 26-3, the

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parties hereby submit the following Stipulation and Order to Continue Discovery Deadlines (Third

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Request) to extend close of discovery, as set forth the order granting the parties’ discovery plan

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(ECF No. 33) for 30 days.

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I.

Discovery Completed To Date

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a. Plaintiff’s Written Disclosures of Witnesses and Documents;

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b. Defendant’s Written Disclosures of Witnesses and Documents;

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c. Written Discovery (Request for Production of Documents and Written
Interrogatories) to Plaintiff;

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d. Written Discovery (Request for Production of Documents and Written

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Interrogatories) to Defendants.

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e. Rule 35 Examination on January 12, 2024.

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f. Site Inspection of Defendants’ Premises on February 14, 2024.

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g. Deposition of Claudia Leiva on April 12, 2024.

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h. Deposition of Sonia Ortiz on May 8, 2024.

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II.

Discovery Remaining

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a. Deposition of Plaintiff.

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b. Deposition of 30(b)(6) Witness.

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c. Deposition of witness Pedro Caballero.

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d. Deposition of Dr. Dan Lee.

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e. Deposition of Dr. Saman Hazany.

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f. Deposition of Dr. David Fish.

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g. Deposition of John Peterson

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h. Deposition of Gretchen Bakkenson

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III.

Reasons for Requested Extension

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The parties would like an additional 30 days in order to finish the listed depositions in this

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case. This case involves a slip and fall in the dining area of a Cardenas Market. In his interrogatory

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responses, Plaintiff stated that he was experiencing daily lower back pain. On February 8, 2023,

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Plaintiff’s counsel provided Cardenas’ insurer with medical records in a demand letter. Those

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records revealed a November 3, 2022 appointment with Nevada Orthopedic and Spine Center

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stating that Plaintiff was “miserable,” that conservative care did not help much and that he was a

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candidate for an anterior fusion at L5-S1.

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The Court entered a discovery order on September 21, 20231 (originally, on September 8,

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2023, the parties requested a special scheduling order because they wanted more time to see if

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Plaintiff gets his recommended surgery.)2 The parties have been conducting discovery in earnest,

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ECF No. 12
ECF No. 8.

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first exchanging written discovery, conducting a Rule 35 examination of Plaintiff, conducting a site

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inspection of the Cardenas store and taking fact witness depositions. Plaintiff has still considering

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getting the fusion surgery though. This has led to a delay in taking expert depositions, because the

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parties wanted to see if there would be finality on this issue before the experts were asked to testify

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on the record about their opinions.

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Cardenas will be taking Plaintiff’s deposition on June 6, 2024 regarding these issues. There

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is still one fact witness deposition remaining, as well as expert depositions. The parties have

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attempted to schedule all of these depositions prior to the close of discovery. Plaintiff has set the

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deposition of Dr. David Lee for June 10, 2024 and Dr. Saman Hazany for June 20, 2024. However,

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Cardenas’ pain management expert could not be available on a date that coincides with counsel’s

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availability until July 16, 2024. The parties are also still working on finding dates for Plaintiff’s

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safety expert John Peterson, Cardenas’ 30(b)(6) witness, percipient witness Pedro Caballero and

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Cardenas’ life care plan rebuttal expert. Defense counsel has limited availability in June due to

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depositions that cannot be moved because the case is culminating in a private mediation occurring

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July 8 (JAMS No. 5260000226). The parties have made shown a good faith effort to finish these

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depositions before the June 21 deadline, but availability of witnesses and counsel does not make

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finishing all of them before the deadline feasible. Thus the parties are requesting a reasonable 30-

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day extension to finish the depositions in this case.

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IV.

Current Dates and Requested Extensions

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Event
Last Date to Add Parties or
Amend Complaint
Last Date to Disclose Initial
Expert Witnesses
Last Date to Disclose
Rebuttal Expert Witnesses
Close of Discovery
Dipositive Motions
Pre-Trial Order

Current Date
March 27, 2024

Proposed Date
CLOSED

April 26, 204

CLOSED

May 24, 2024

CLOSED

June 21, 2024
July 19, 2024
August 19, 2024

July 19, 2024
August 16, 2024
September 13, 2024

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HOUSE OF LAW

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By_/s/ Adam Ellis, Esq. _______
BRADLEY S. MAINOR
Nevada Bar No. 7434
ADAM ELLIS, ESQ.
Nevada Bar No. 14514
TAYLOR K. CALMELAT, ESQ.
Nevada Bar No. 16681
MAINOR ELLIS, LLC
8367 W. Flamingo Road, Suite 200
Las Vegas, NV 89147
Attorneys for Plaintiff

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WILSON ELSER MOSKOWITZ
EDELMAN & DICKER
By /s/ Jonathan Pattillo, Esq. _________
Michael P. Lowry, Esq.
Nevada Bar No. 10666
Jonathan C. Pattillo, Esq.
Nevada Bar No. 13929
6689 Las Vegas Blvd. South Ste. 200
Las Vegas, NV 89119
Attorneys for Defendants

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HOUSE OF LAW
By_/s/ Daniela Hadges, Esq. _______
Daniela Madrid Hadges, Esq.
Nevada Bar No. 13530
HOUSE OF LAW
11920 Southern Highlands
Pkwy Ste. 200
Las Vegas, NV 89141
Attorneys for Plaintiff

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DATED June 3, 2024
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IT IS SO ORDERED
NO FURTHER EXTENSIONS
WILL BE GRANTED.

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______________________________
UNITED STATES MAGISTRATE JUDGE
NANCY J. KOPPE

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