Silverio v. Sam's West, Inc

Filing 13

ORDER granting 10 Discovery Plan and Scheduling Order. Discovery due by 10/25/2024. Motions due by 10/25/2024. Proposed Joint Pretrial Order due by 11/25/2024. Signed by Magistrate Judge Brenda Weksler on 5/8/2024. (Copies have been distributed pursuant to the NEF - CT)

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HALL & EVANS, LLC
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
TANYA M. FRASER, ESQ.
Nevada Bar No. 13872
1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]
[e-mail]
Attorneys for Defendant Sam’s West, Inc.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]

HALL & EVANS, LLC

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MARIA SILVERIO, individually,
v.

CASE NO.: 2:23-cv-02044-CDS-BNW

Plaintiff,
JOINT PROPOSED DISCOVERY
PLAN AND SCHEDULING ORDER

SAM’S WEST, INC., a Foreign Corporation;
DOE MANAGERS I through X; DOE
MAINTENANCE
and/or
INSPECTION
EMPLOYEES or AGENTS I through X; DOES
I
through
XX;
ROE
PROPERTY
MANAGEMENT ENTITIES I through X;
ROE MAINTENANCE and/or INSPECTION
ENTITIES I through X; and ROE
CORPORATIONS and/or ENTITIES I through
XX, inclusive,

[SPECIAL SCHEDULING REVIEW
REQUESTED]

Defendants.
DISCOVERY PLAN AND SCHEDULING ORDER

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COMES NOW Plaintiff, MARIA SILVERIO, by and through her attorney of record,

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GLENN A. PATERNOSTER, ESQ., of PATERNOSTER LAW GROUP, and Defendant, SAM’S

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WEST, INC. (“Defendant” or “Sams”), by and through its attorneys of record, KURT R. BONDS,

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ESQ. and TANYA M. FRASER, ESQ., of HALL & EVANS, LLC, and hereby submit this Joint

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Proposed Discovery Plan and Scheduling Order.

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Fed.R.Civ.P. 26(f) Conference

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The parties participated in the FRCP 26(f) conference on April 30, 2024, and there were no

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discovery disputes that that time. Plaintiff and Defendant will serve their respective initial disclosure
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1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]

HALL & EVANS, LLC

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statements no later than May 13, 2024. The parties now propose the following discovery plan:

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1. Discovery Cut-Off Date: Defendant filed its Petition for Removal on December 11, 2023,

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based upon damages alleged in Plaintiffs’ Request for Exemption from Arbitration, which was filed

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on December 6, 2023. Prior to Removal, the parties were not yet permitted to begin discovery. After

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removal, counsel for the parties experienced scheduling conflicts which delayed completion of the

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Rule 26(f) conference. Subsequently, counsel for Plaintiff sustained a serious health condition which

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required major surgery. Ordinarily, and pursuant to LR 26-1(b), the discovery cut-off date would be

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based upon the date Defendant filed its Answer, November 17, 2023; however, as mentioned above,

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the parties are requesting a special scheduling review and a discovery cut-off date of October 25,

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2024 1, which is 180 days from the date of the parties’ Rule 26(f) conference. Accordingly, the parties

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request special scheduling review, as the established deadlines cannot be met in this particular

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circumstance. For these reasons, the parties respectfully request a discovery cut-off date of October

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25, 2024.

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2. Amending the Pleadings and Adding Parties: The parties request that all motions to

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amend the pleadings or to add parties be filed no later than July 26, 2024, which is 90 days before

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the October 25, 2024 close of discovery.

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3. Fed.R.Civ.P. 26(a)(2) Disclosures (Experts): The parties request the disclosure of

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experts be made on or before August 26, 2024, which is 60 days before the October 25, 2024 close

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of discovery. Disclosure of rebuttal experts shall be made by September 25, 2024, which is 30 days

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after the August 26, 2024 deadline for disclosure of experts.

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5. Dispositive Motions: The date for filing dispositive motions shall be no later than

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November 25, 20243, which is 30 days after the October 25, 2024 close of discovery. In the event

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that the discovery period is extended from the discovery cut-off date set forth in this proposed

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Discovery Plan and Scheduling Order, the date for filing dispositive motions shall be extended to be

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The accurate deadline is October 27, 2024; because this date is a Sunday, the practical deadline is
Friday, October 25, 2024.
2 The accurate deadline is July 27, 2024; because this date is a Saturday, the practical deadline is
Friday, July 26, 2024.
3 The accurate deadline is November 24, 2024; because this date is a Sunday, the practical deadline
is Monday, November 25, 2024.
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not later than 30 days from the subsequent discovery cut-off date.

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6. Pretrial Order: The date for filing the joint pretrial order shall not be later than December

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23, 2024, which is 30 days after the November 25, 2024 deadline for dispositive motions. In the

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event that dispositive motions are filed, the date for filing the joint pretrial order shall be suspended

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until 30 days after decision on the dispositive motions or until further order of the court. In the further

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event that the discovery period is extended from the discovery cut-off date set forth in this Discovery

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Plan and Scheduling Order, the date for filing the joint pretrial order shall be extended in accordance

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with the time periods set forth in this paragraph.

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1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]

HALL & EVANS, LLC

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7. Fed.R.Civ.P. 26(a)(3) Disclosures: The disclosures required by Fed.R.Civ.P. 26(a)(3),
and any objections thereto, shall be included in the joint pretrial order.

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8. Alternative Dispute Resolution: Counsel for the parties certify that they met and

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conferred about the possibility of using alternative dispute resolution including mediation,

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arbitration and/or an early neutral evaluation. The parties agree that an early neutral evaluation would

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not be effective at this time as the parties and their counsel believe that it is necessary to conduct

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discovery before attempting to resolve this case. Counsel further agree that a settlement conference

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will be beneficial after discovery is concluded. Finally, the parties and their counsel are not interested

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in submitting this case to arbitration at this time.

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9. Alternative Forms of Case Disposition: The parties certify that they discussed

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consenting to a trial by a magistrate judge or engaging in the Short Trial Program under Fed.R.Civ.P.

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73 and at present do not consent to either alternative form of case disposition.

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10. Electronic Evidence: The parties certify that they have discussed and intend to use

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electronic evidence at the trial of this matter and will ensure that said evidence is in an electronic

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format compatible with the Court’s electronic jury evidence display system. At present, the parties

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have not agreed upon any stipulations regarding use of electronic evidence but will address this issue

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again in the Pre-Trial Order.

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...

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...
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11. Extensions or Modifications of the Discovery Plan and Scheduling Order: Any

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stipulation or motion must be made no later than 21 days before the subject deadline. Requests to

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extend discovery deadlines must comply fully with LR 26-3.

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1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]

HALL & EVANS, LLC

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IT IS SO STIPULATED.
DATED this 30th day of April, 2024.
PATERNOSTER LAW GROUP

DATED this 1st day of May, 2024.
HALL & EVANS, LLC

/s/ Glenn Paternoster________________
GLENN A. PATERNOSTER, ESQ.
Nevada Bar No. 5452
300 South 4th Street, Suite 1600
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff

/s/ Tanya Fraser__________________
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
TANYA M. FRASER, ESQ.
Nevada Bar No. 13872
1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]
[e-mail]
Attorneys for Sam’s West, Inc.

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ORDER

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IT IS SO ORDERED:
May 2, 2024
________________
DATE

___________________________________
UNITED STATES MAGISTRATE JUDGE

Respectfully submitted by:
HALL & EVANS, LLC
/s/ Tanya Fraser ________
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
TANYA M. FRASER, ESQ.
Nevada Bar No. 13872
1160 North Town Center Drive
Suite 330
Las Vegas, Nevada 89144
[phone]

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