Harrison v. Walmart, Inc. et al
Filing
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ORDER denying with leave to amend 16 Discovery Plan and Scheduling Order. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 1/29/2025. (Copies have been distributed pursuant to the NEF - MAM)
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RYAN ALEXANDER, CHTD.
3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102
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RYAN ALEXANDER, ESQ.
Nevada Bar No. 10845
MICHAEL NAVRATIL, ESQ.
Nevada Bar No. 7460
RYAN ALEXANDER, CHTD.
3017 West Charleston Blvd., Ste. 10
Las Vegas, NV 89102
Phone: (702) 868-3311
Fax: (702) 822-1133
ryan@ryanalexander.com
richard@ryanalexander.com
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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Case No.: 2:24-cv-491-MDC
JILL HARRISON, an Individual;
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Plaintiff,
STIPULATED DISCOVERY PLAN AND
SCHEDULING ORDER
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v.
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WALMART, INC., a Delaware Corporation,
BROSNAN RISK CONSULTANTS, LTD., a
Delaware Corporation; DOES I - X,
INCLUSIVE, and ROE CORPORATIONS I X, Inclusive,
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SPECIAL SCHEDULING REVIEW
REQUESTED
Defendants.
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Plaintiffs JILL HARRISON, (“HARRISON”, “Plaintiff”), and Defendants WALMART,
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INC., and BROSNAN RISK CONSULTANTS, LTD., by and through their respective counsel,
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hereby submit the following Stipulated Discovery Plan and Scheduling Order pursuant to Fed. R.
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Civ. P. 26(f) and Local Rule 26-1(b) for the Court’s approval.
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PROPOSED SCHEDULE
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The parties held a scheduling conference under Federal Rule of Civil Procedure 26(f) on
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January 23, 2025. The parties now submit their proposed discovery plan and scheduling order in
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compliance with LR 26-1(b).
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1. Discovery Cut-Off Date. The Parties propose six months of discovery from the order
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rather than from the Answer, tentatively planned as six months from January 21, 2025. Discovery
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RYAN ALEXANDER, CHTD.
3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102
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would therefore close on July 21, 2025. This request is due to the need for various employee
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depositions
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emotional/psychological injuries. Discovery may involve medical or psychology experts. The
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Parties agree that this would be beneficial.
and
discovery.
Plaintiffs’
claims
involve
her
physical
disability
and
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This request is due to the complicated facts of the Plaintiff’s Complaint including (a) the
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allegations in Plaintiff’s Complaint including, but not limited to, the allegations concerning
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Violations of Title III of the ADA; (b) Plaintiff’s alleged damages; and (e) Defendants’ defenses.
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Discovery will likely involve procedure experts and medical or psychology experts. The Parties
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agree that this would be beneficial.
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2. Amending the Pleadings and Adding Parties. The deadline to amend the pleadings and
add parties is April 21, 2025.
3. Expert and Rebuttal-Expert Disclosures. The deadline to disclose experts is April 21,
2025. The deadline to disclose rebuttal experts is May 21, 2025.
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4. Dispositive Motions. The deadline to file dispositive motions is August 21, 2025.
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5. Pretrial Order. The deadline to file a pretrial order is September 22, 2025.
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6. Fed. R. Civ. P. 26(a)(3). The disclosures required by this rule and any objections to them
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must be included in the joint pretrial order.
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7. Alternative Dispute Resolution. The parties certify that they met and conferred about
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the possibility of using alternative dispute-resolution processes including mediation, arbitration,
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and if applicable, early neutral evaluation.
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8. Alternative Forms of Case Disposition. The parties certify that they considered consent
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to trial by a magistrate judge under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73 and the use of the
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Short Trial Program (General Order 2013-01).
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9. Electronic Evidence. The parties certify that they discussed whether to present evidence
in electronic format to jurors for the purpose of jury deliberations.
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10. Initial Disclosures. No changes are necessary in the form or requirement for the
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disclosures under Fed. R. Civ. P. 26(a). Plaintiff served initial disclosures on January 24, 2025;
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Defendants will serve initial disclosures were made on or before February 10, 2025.
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RYAN ALEXANDER, CHTD.
3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102
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11. E-discovery. The parties agree that disclosure and discovery of electronically stored
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information should be produced in Portable Document Format (“PDF Format”) to allow for proper
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and consistent Bates numbering. The PDF documents are also to be produced in a recognize text
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Optical Character Recognition (‘OCR”) format. If in good faith a party questions the authenticity
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of an electronically stored document, or for other good faith reason, the party may request the PDF
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format document to be produced in its native format.
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12. Clawback Agreement. In the event that any Party (the “Discloser”) produces material
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or documents without intending to waive a claim of privilege or confidentiality, the Discloser does
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not waive any claim of privilege or confidentiality if, within a reasonable amount of time after the
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Discloser actually discovers that such material or documents were produced, the Discloser notifies
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all other Parties (the “Recipient(s)”) of the inadvertent disclosure of privileged or confidential
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items, identifying the material or documents produced and stating the privilege or confidentiality
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provision asserted. Mere failure to diligently screen documents before producing them does not
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waive a claim of privilege or confidentiality.
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If the Discloser asserts that it inadvertently produced privileged or confidential items in
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accordance with this Claw Back Agreement, the Recipient(s) must return the specified material or
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documents and any copies within ten days of the notification. The Recipient(s) must further
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permanently destroy any electronic copies of such specified material or documents and affirm in
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writing to counsel for the Discloser of such destruction.
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In the event that the Recipient(s) contends the documents are not subject to privilege or
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confidentiality as asserted by the Discloser in accordance with this Claw Back Agreement, the
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Recipient(s) may, following the return and destruction described in Paragraph 2 of this Agreement,
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challenge the privilege claim through a Motion to Compel or other pleading with the District Court
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in which the Litigation is currently pending. The Parties agree that any review of items by the judge
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shall be an in camera review.
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Should the Recipient(s) not challenge the Discloser’s claim of privilege or confidentiality,
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or should the presiding judge determine that the documents are in fact subject to privilege or
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RYAN ALEXANDER, CHTD.
3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102
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confidentiality, the documents, or information contained therein or derived therefrom, may not be
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used in the Litigation or against the Discloser in any future litigation or arbitration brought by the
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Recipient(s). Nothing contained within this Claw Back Agreement shall be deemed to waive any
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objection that any Party may wish to assert under applicable state or federal law.
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In the event that the Recipient challenges the privilege or confidentiality of the inadvertently
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disclosed documents, and prevails on the motion to compel, the Recipient will be entitled to recover
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reasonable attorney’s fees for bringing the motion, to be determined by the Court.
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13. Extensions or modifications of the discovery plan and scheduling order.
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accordance with LR 26-3, any stipulation or motion for modification or extension of this discovery
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plan and scheduling order must be made no later than twenty-one (21) days before the discovery
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cut-off date. Therefore, such stipulations or motions shall be made not later than July 1, 2025.
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In
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RYAN ALEXANDER, CHTD.
3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102
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14.
Email Service: The parties consent to electronic service, to the extent the size of
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the submission permits it, of all court filings, not served through ECF (e.g., filings under seal) and
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such service shall constitute proper service under FRCP 5(b)(2)(E). The parties further consent to
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electronic service of correspondence and discovery, in lieu of other service methods, under FRCP
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5(b)(2)(E) on all counsel who have entered an appearance on behalf of the party to be served.
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DATED this 27th day of January 2025.
RYAN ALEXANDER, CHTD.
DATED this 27th day of January 2025
McDONALD CARANO LLP
/s/Katrina E. Weil
____________________________
Rory T. Kay (NSBN 12416)
Katrina E. Weil (NSBN 16152)
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: (702) 873-4100
Facsimile: (702) 873-9966
rkay@mcdonaldcarano.com
kweil@mcdonaldcarano.com
Attorneys for Defendant Walmart, Inc.
/s/Ryan Alexander
RYAN ALEXANDER, ESQ.
Nevada Bar No. 10845
3017 West Charleston Blvd., Ste. 10
Las Vegas, NV 89102
Attorneys for Plaintiffs
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IT IS SO ORDERED: the
stipulation is denied with leave to
amend to file a corrected
stipulation. Any disputes regarding
the parties claw back agreement or
challenging a claim of privilege, as
set forth in paragraph 12, must be
resolved pursuant to the Court’s
08/09/24 Standing Order (ECF No.
14) and not through motions to
compel.
DATED this 27th day of January 2025.
SKANE MILLS LLP
/s/Elizabeth Spaur
_______________________________
Elizabeth A. Skane, Esq. (Bar No. 7181)
eskane@skanemills.com
Elizabeth C. Spaur
Nevada Bar No. 10446
1120 Town Center Drive, Suite 200
Las Vegas, Nevada 89144
(702) 363-2535
(702) 363-2534 Fax
Attorneys for Defendant,
BROSNAN RISK CONSULTANTS, LTD.
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____________________________________
UNITED STATES MAGISTRATE JUDGE
1/29/25
DATED:_______________
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CERTIFICATE OF SERVICE
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I HEREBY CERTIFY that pursuant to Fed. R. Civ. P. 5, I served via electronic service via
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CM/ECF a true and correct copy of the foregoing PROPOSED STIPULATED DISCOVERY
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PLAN AND SCHEDULING ORDER addressed to:
x
CM/ECF – Electronic service.
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RYAN ALEXANDER, CHTD.
3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102
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McDONALD CARANO LLP
Rory T. Kay (NSBN 12416)
Katrina E. Weil (NSBN 16152)
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: (702) 873-4100
Facsimile: (702) 873-9966
rkay@mcdonaldcarano.com kweil@mcdonaldcarano.com
Attorney for Defendant Walmart, Inc.
SKANE MILLS LLP
Elizabeth A. Skane, Esq. (Bar No. 7181)
eskane@skanemills.com
Elizabeth C. Spaur
Nevada Bar No. 10446
1120 Town Center Drive, Suite 200
Las Vegas, Nevada 89144
(702) 363-2535
(702) 363-2534 Fax
Attorneys for Defendant,
BROSNAN RISK CONSULTANTS, LTD.
£
MAIL - by placing the document(s) listed above in a sealed envelope with postage
thereon fully prepaid, in the United States mail at Las Vegas, Nevada addressed as set forth below.
£
PERSONAL SERVICE - by personally delivering the document(s) listed above to
the person(s) at the address(es) set forth below.
£
OVERNIGHT COURIER - by placing the document(s) listed above in a sealed
envelope with shipping prepaid, and depositing in a collection box for next day delivery to the person(s) at
the address(es) set forth below via UNITED PARCEL SERVICE.
I declare under penalty of perjury under the laws of the State of Nevada that the above is true and
correct. Executed on 27th of January, 2025 in Las Vegas, Nevada.
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/s/Ryan Alexander
_____________________________
RYAN ALEXANDER
Employee of Ryan Alexander, Chtd.
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