Lum et al v. Home Depot U.S.A., Inc.

Filing 29

ORDER granting 28 Stipulation Extending Discovery Deadlines. Discovery due by 5/11/2025. Motions due by 6/9/2025. Proposed Joint Pretrial Order due by 7/8/2025. Signed by Magistrate Judge Elayna J. Youchah on 11/21/2024. (Copies have been distributed pursuant to the NEF - CAH)

Lynn V. Rivera, Esq. (SBN: 6797)
HOMAN, STONE & ROSSI, APC
2 2032 Whitecliff Drive
Reno, Nevada 89521
3 Telephone: [phone]
Facsimile: [phone]
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Email: [e-mail]
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Mailing Adress
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7 1461 Ford Street, Suite 201
Redlands, California
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Attorney for Defendant
9 HOME DEPOT U.S.A., INC.
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UNITED STATES DISTRICT COURT

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STATE OF NEVADA

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JAMES FURTADO LUM, an individual;
DOROTHY LEWIS, an individual,
Plaintiffs,

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v.

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HOME DEPOT U.S.A., INC., a foreign
corporation; DOE SECURITY OFFICER
a/k/a VAUGH, an individual; DOES I
through X; and ROE CORPORATIONS I
through X , inclusive,

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Defendants.

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Case No.: 2:24-cv-00300-RFB-EJY
STIPULATION AND ORDER
EXTENDING DISCOVERY
DEADLINES
(Third Request)

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Plaintiffs JAMES FURTADO LUM AND DOROTHY LEWIS and Defendant HOME

26 DEPOT U.S.A., INC. (“Home Depot”) (collectively hereinafter the “Parties”) by and through their
27 attorneys of record hereby jointly stipulate and respectfully request this Honorable Court order a
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continuance of the discovery deadlines for 90 days pursuant to FRCP 26. The basis is that Plaintiff

STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINES

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Lum is incarcerated and, due to unforeseen circumstances, Plaintiff Lum’s deposition was continued.

2 Additionally, Home Depot is working with the prison to perform an independent medical
3 examination of the Plaintiff. Finally, Home Depot is in the process of reviewing its voluminous files
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and records to ensure the accuracy of its responses.

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1.

Discovery complete: The Parties have been diligently engaging in discovery. To date,

Plaintiffs have served Home Depot with their responses to written discovery. Home Depot has
deposed Plaintiff Lewis. Plaintiffs have served written discovery requests on Home Depot. The

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Parties are actively engaging in informal settlement negotiations and, if unable to resolve, are
considering a formal mediation to resolve this matter.
2.

Discovery remaining: The Parties intend to conduct further discovery, including the

13 deposition of Plaintiff Lum, the independent medical examination of Plaintiff Lum, the depositions of
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Home Depot employees, additional written discovery requests, and expert discovery.
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3.

Describe of why remaining discovery has not been completed within the time limits

previously set by the Court: The Parties respectfully submit they have good cause for the 90-day

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extension of the discovery deadlines. The deposition and the independent medical examination have

20 not been completed because Plaintiff Lum is in prison and the prison provides the available dates.
21 Additionally, Home Depot’s discovery responses are outstanding because its files and records are
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voluminous and corporate research is required to ensure the accuracy of its responses.

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4.

Proposed schedule for completing all remaining discovery: Based on the foregoing, the

25 Parties respectfully request that the Court grant their request to extend the discovery deadlines as
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follows:

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STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINES

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Event

Current Date

New Date

Discovery Cut Off

February 10, 2025

May 11, 2025

Last day to make Initial Expert Disclosures

December 10, 2024

March 10, 2025

Last Day to make Rebuttal Expert Disclosure

February 17, 2025

April 9, 2025

Dispositive Motions
Pretrial Order

March 10, 2025
April 9, 2025

June 9, 2025
July 8, 2025

This stipulation was entered and filed prior to 21 days in advance of the first deadline required

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by Local Rule 26-4.

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Dated this 21st day of November 2024.

Dated this 20th day of November 2024

12 THE BIG GUNS INJURY ATTORNEYS
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By: /s/ Adam Edwards
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Adam Edwards, Esq.
Nevada Bar No. 12565
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4045 Spencer Street, Suite A52
Las Vegas, NV 89119
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Attorneys for Plaintiffs
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HOMAN, STONE & ROSSI, APC

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By: /s/ Lynn Rivera
Lynn V. Rivera, Esq.
Nevada Bar No. 6797
2032 Whitecliff Drive
Reno, NV 89521
Attorneys for Defendant

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Good Cause Appearing to extend the discovery deadlines, the deadlines are re-set in

20 accordance with the Proposed Dates set forth above by the Parties.
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IT IS SO ORDERED.

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Date: November 21, 2024

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UNITED STATES MAGISTRATE JUDGE

STIPULATION AND ORDER EXTENDING DISCOVERY DEADLINES

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