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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1 2 3 4 5 6 7 8 MICHAEL P. LOWRY, ESQ. Nevada Bar No. 10666 E-mail: JONATHAN C. PATTILLO, ESQ. Nevada Bar No. 13929 E-mail: 6689 Las Vegas Boulevard South, Suite 200 Las Vegas, NV 89119 Tel: 702.727.1400/Fax: 702.727.1401 Attorneys for Cardenas Markets, LLC; Elias Properties of Las Vegas, LLC UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 Homero Reyes, 12 13 14 15 16 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, 17 (2nd Request) Defendants. 18 19 Pursuant to Federal Rule of Civil Procedure 29(b) and Local Rules IA 6-1, 7-1 and 26-3, the 20 parties hereby submit the following Stipulation and Order to Continue Discovery Deadlines (Third 21 Request) to extend close of discovery, as set forth the order granting the parties’ discovery plan 22 (ECF No. 33) for 30 days. 23 I. Discovery Completed To Date 24 a. Plaintiff’s Written Disclosures of Witnesses and Documents; 25 b. Defendant’s Written Disclosures of Witnesses and Documents; 26 c. Written Discovery (Request for Production of Documents and Written Interrogatories) to Plaintiff; 27 28 297419274v.1 1 d. Written Discovery (Request for Production of Documents and Written 2 Interrogatories) to Defendants. 3 e. Rule 35 Examination on January 12, 2024. 4 f. Site Inspection of Defendants’ Premises on February 14, 2024. 5 g. Deposition of Claudia Leiva on April 12, 2024. 6 h. Deposition of Sonia Ortiz on May 8, 2024. 7 II. Discovery Remaining 8 a. Deposition of Plaintiff. 9 b. Deposition of 30(b)(6) Witness. 10 c. Deposition of witness Pedro Caballero. 11 d. Deposition of Dr. Dan Lee. 12 e. Deposition of Dr. Saman Hazany. 13 f. Deposition of Dr. David Fish. 14 g. Deposition of John Peterson 15 h. Deposition of Gretchen Bakkenson 16 III. Reasons for Requested Extension 17 The parties would like an additional 30 days in order to finish the listed depositions in this 18 case. This case involves a slip and fall in the dining area of a Cardenas Market. In his interrogatory 19 responses, Plaintiff stated that he was experiencing daily lower back pain. On February 8, 2023, 20 Plaintiff’s counsel provided Cardenas’ insurer with medical records in a demand letter. Those 21 records revealed a November 3, 2022 appointment with Nevada Orthopedic and Spine Center 22 stating that Plaintiff was “miserable,” that conservative care did not help much and that he was a 23 candidate for an anterior fusion at L5-S1. 24 The Court entered a discovery order on September 21, 20231 (originally, on September 8, 25 2023, the parties requested a special scheduling order because they wanted more time to see if 26 Plaintiff gets his recommended surgery.)2 The parties have been conducting discovery in earnest, 27 28 1 2 ECF No. 12 ECF No. 8. -2297419274v.1 1 first exchanging written discovery, conducting a Rule 35 examination of Plaintiff, conducting a site 2 inspection of the Cardenas store and taking fact witness depositions. Plaintiff has still considering 3 getting the fusion surgery though. This has led to a delay in taking expert depositions, because the 4 parties wanted to see if there would be finality on this issue before the experts were asked to testify 5 on the record about their opinions. 6 Cardenas will be taking Plaintiff’s deposition on June 6, 2024 regarding these issues. There 7 is still one fact witness deposition remaining, as well as expert depositions. The parties have 8 attempted to schedule all of these depositions prior to the close of discovery. Plaintiff has set the 9 deposition of Dr. David Lee for June 10, 2024 and Dr. Saman Hazany for June 20, 2024. However, 10 Cardenas’ pain management expert could not be available on a date that coincides with counsel’s 11 availability until July 16, 2024. The parties are also still working on finding dates for Plaintiff’s 12 safety expert John Peterson, Cardenas’ 30(b)(6) witness, percipient witness Pedro Caballero and 13 Cardenas’ life care plan rebuttal expert. Defense counsel has limited availability in June due to 14 depositions that cannot be moved because the case is culminating in a private mediation occurring 15 July 8 (JAMS No. 5260000226). The parties have made shown a good faith effort to finish these 16 depositions before the June 21 deadline, but availability of witnesses and counsel does not make 17 finishing all of them before the deadline feasible. Thus the parties are requesting a reasonable 30- 18 day extension to finish the depositions in this case. 19 IV. Current Dates and Requested Extensions 20 21 22 23 24 25 26 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 27 28 -3297419274v.1 1 2 3 HOUSE OF LAW 4 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 5 6 7 8 9 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 10 11 12 13 14 15 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 16 DATED June 3, 2024 17 18 IT IS SO ORDERED NO FURTHER EXTENSIONS WILL BE GRANTED. 19 ______________________________ UNITED STATES MAGISTRATE JUDGE NANCY J. KOPPE 20 21 22 23 24 25 26 27 28 -4297419274v.1

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