Dean v. Home Depot U.S.A., Inc.

Filing 16

SCHEDULING ORDER granting in part and denying in part 14 Discovery Plan and Scheduling Order. Discovery due by 10/21/2024. Motions due by 11/20/2024. Proposed Joint Pretrial Order due by 12/20/2024. Signed by Magistrate Judge Daniel J. Albregts on 3/26/2024. (Copies have been distributed pursuant to the NEF - MAM)

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1 J. COGBURN LAW Jamie S. Cogburn, Esq. 2 Nevada Bar No. 8409 3 Joseph J. Troiano, Esq. Nevada Bar No. 12505 4 2580 St. Rose Parkway, Suite 330 5 Henderson, NV 89074 Telephone: (702) 747-6000 6 Facsimile: (725) 465-8731 Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 MARIA DEAN, an Individual, Plaintiff, 11 14 15 HOME DEPOT U.S.A., INC., d/b/a THE HOME DEPOT #3308, a Foreign Corporation; DOE Individuals 1–10; DOE Employees 11–20; and ROE Corporations 21–30, 17 19 20 21 22 23 SUBMITTED IN COMPLIANCE WITH LR 26-1(b) SPECIAL SCHEDULING REVIEW REQUESTED Defendants. 16 18 DISCOVERY PLAN AND SCHEDULING ORDER vs. 12 13 Case No.: 2:24-cv-00367-RFB-DJA Plaintiff Maria Dean (“Plaintiff”) and Defendant Home Depot U.S.A., Inc. (“Defendant”), by and through their respective counsel of record, held a telephonic conference on March 18, 2024, and by and through their respective counsel of record, file this, their Stipulated Discovery Plan and Scheduling Order pursuant to Fed. R. Civ. P. 26(f) and Local Rule 26-1. ... ... ... 24 Page 1 of 6 1 PROPOSED SCHEDULE 2 I. SPECIAL SCHEDULING REVIEW REQUESTED 3 This matter involves an allegation of negligence and failure to warn against Defendant Home 4 Depot U.S.A., Inc., resulting in alleged catastrophic injuries and medical treatment. 5 Defendant’s Position 6 The HIPAAs in this case were not produced by the Plaintiff until after the removal of the case. 7 Plaintiff’s Position 8 Prior to the FRCP 26(f) conference, Plaintiff produced her Initial Disclosure on February 28, 9 2024, which included an open HIPAA authorization. 10 Thus, 240 days for discovery is respectfully requested. 11 II. FED. R. CIV. P. 26(a) INITIAL DISCLOSURE 12 Parties have agreed to exchange initial disclosures no later than April 1, 2024, which is 14 13 days after the Rule 26 Conference was held. The parties expressly agree any document productions 14 shall be bates-stamped with the parties’ respective identifying bates system. 15 Defendant’s Position 16 Defendant seeks to strike certain internet materials that purport to be Home Depot’s 17 confidential business materials, which if authentic, were unlawfully uploaded to YouTube. Despite 18 receiving notice the business materials, if authentic, were not properly designated confidential or 19 applicable to the case, Plaintiff has refused to sign a confidentiality stipulation or revise the Disclosure. 20 Home Depot intends to request to produce its own document applicable to the Incident rather than rely 21 on Plaintiff’s unlwfully uploaded and unauthenticated internet materials. 22 . . . 23 . . . 24 . . . Page 2 of 6 1 Plaintiff’s Position 2 Plaintiff found and produced a YouTube video that was uploaded to YouTube over ten years 3 ago. Plaintiff did not upload the video to YouTube and it is Plaintiff’s position that it is not confidential 4 because it is currently on YouTube. 5 III. ESTIMATE OF TIME REQUIRED FOR DISCOVERY 6 A. 7 Discovery will take 240 days from February 22, 2024, which is the date Defendant filed its DISCOVERY CUT-OFF DATE 8 Petition for Removal in the Federal Court. Accordingly, all discovery must be completed no later than 9 October 21, 2024. The parties may conduct discovery within the scope of Fed. R. Civ. P. 26(b). 10 Subject to the foregoing, discovery need not be limited or focused on particular issues or conducted in 11 phases. 12 B. 13 Unless stated herein or ordered by the Court, the date for filing motions to amend the pleadings AMENDING THE PLEADINGS AND ADDING PARTIES 14 or to add parties shall not be later than 90 days prior to the discovery cut-off date, and therefore not 15 later than July 23, 2024. 16 C. 17 In accordance with Fed. R. Civ. P. 26(a)(2), disclosures identifying experts shall be made 60 FED. R. CIV. P. 26(a)(2) DISCLOSURES (EXPERTS) 18 days prior to the discovery cut-off date, and therefore not later than August 22, 2024 and disclosures 19 of rebuttal experts shall be made 30 days after the initial disclosure of experts, and therefore not later 20 than September 23, 2024. Home Depot intends to conduct two independent medical examinations 21 but Plaintiff will not stipulate to the examination. 22 . . . 23 . . . 24 . . . Page 3 of 6 1 D. 2 The parties shall file dispositive motions 30 days after the discovery cut-off date, and therefore DISPOSITIVE MOTIONS 3 not later than November 20, 2024. 4 E. 5 If no dispositive motions are filed, and unless otherwise ordered by this Court, the Joint Pretrial PRETRIAL ORDER 6 Order shall be filed 30 days after the date set for filing dispositive motions, and therefore not later than 7 December 20, 2024. In the event dispositive motions are filed, the date for filing the Joint Pretrial 8 Order shall be suspended until 30 days after the Court enters a ruling on the dispositive motions, or 9 otherwise by further order of the Court. The disclosures required by Fed. R. Civ. P. 26(a)(3), and any 10 objections thereto, shall be included in the Joint Pretrial Order. 11 F. 12 The parties certify that they met and conferred about the possibility of using alternative dispute- ALTERNATIVE DISPUTE RESOLUTION 13 resolution processes including mediation, arbitration, and if applicable, early neutral evaluation. 14 G. 15 The parties certify that they considered consenting to trial by a magistrate judge and use of the ALTERNATIVE FORMS OF CASE DISPOSTION 16 Short Trial Program and have elected not to do so. 17 18 H. ELECTRONIC EVIDENCE 1. Electronically Stored Information and Electronic Service of Documents 19 The parties have discussed the retention and production of electronic data. 20 Defendant’s Position 21 Plaintiff has refused to serve file-stamped documents by email, even when a copy is requested 22 by a party. Defendant does not consent to serving only discovery documents by email and believes all 23 case documents, including copies of court filings, should be served by email. Plaintiff has refused that 24 request without explanation. Discovery documents should therefore be served by mail in accordance Page 4 of 6 1 with Fed. R. Civ. 5(b). To the extent discovery requests are served on a Saturday, Sunday, or legal 2 holiday, service will be deemed effective on the next day that is not a Saturday, Sunday, or legal 3 holiday. 4 Plaintiff’s Position 5 Plaintiff does consent to electronic service of discovery only. Said service shall be deemed 6 completed by sending an email with the related discovery document(s) to all service addresses for 7 counsel and counsel’s staff on record with the court for the above-captioned matter at the time of 8 service. When serving by email, if any error or delayed delivery message is received by the sending 9 party, that party shall promptly (within one business day of receipt of such message) notify the intended 10 recipient(s) of the message and serve the pleading or other papers by other authorized means. 11 Whether served by e-mail or by mail, three additional days shall be added to the timeline within 12 which to respond, as provided for in Fed. R. Civ. P. 6(d). 13 14 15 The parties reserve the right to revisit this issue if a dispute or need arises. 2. Electronic Evidence Conference Certification The parties certify that they discussed whether to present evidence in electronic format to jurors 16 for the purpose of jury deliberations but did not reach any stipulations as to jury deliberations at this 17 early stage of the proceedings. 18 . . . 19 . . . 20 . . . 21 . . . 22 . . . 23 . . . 24 . . . Page 5 of 6 1 IV. 2 3 4 5 6 7 EXTENSIONS OR MODIFICATIONS OF THE DISCOVERY PLAN AND SCHEDULING ORDER LR 26-3 governs modifications or extensions to this discovery plan and scheduling order and requests for extensions of time must be requested twenty-one days before the first deadline expires unless good cause is shown. Dated this 25th day of March, 2024. Dated this 25th day of March, 2024. J. COGBURN LAW HOMAN, STONE & ROSSI, APC By: /s/ Joseph J. Troiano Jamie S. Cogburn, Esq. Nevada Bar No. 8409 9 Joseph J. Troiano, Esq. Nevada Bar No. 12505 10 2580 St. Rose Parkway, Suite 330 Henderson, NV 89074 11 Attorneys for Plaintiff 8 12 13 14 15 16 17 18 By: /s/ Lynn Rivera Lynn V. Rivera, Esq. Nevada Bar No. 6797 2032 Whitecliff Drive Reno, NV 89521 Attorney for Defendant ORDER IT IS HEREBY ORDERED that the parties' stipulation (ECF No. 14) is GRANTED IN ITand IS SO ORDERED. PART DENIED IN PART. It is denied in part regarding the portions this Court has stricken. Those portions include the parties' dispute over documents included in the initial disclosures, and Defendant's desire to "strike" certain materials. That request is not properly made in the discovery plan and, to the UNITED STATES DISTRICT JUDGE or extent the parties cannot resolve their dispute, should be brought in a separate motion. UNITED STATES MAGISTRATE JUDGE Those portions also include the parties' dispute over electronic service, which does not appear to be ripe given the parties' assertion that they "reserve the right to revisit this issue if a dispute or need arises." DATE The stipulation is granted in part in all other respects. 19 20 21 22 23 ________________________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE DATED: March 26, 2024 24 Page 6 of 6

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