Harrison v. Walmart, Inc. et al

Filing 19

ORDER Re: 17 Response to 15 Order to Show Cause. The parties have shown cause and also filed a proposed stipulated scheduling order. Accordingly, no sanctions will be imposed. 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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1 2 3 4 5 RYAN ALEXANDER, CHTD. 3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102 6 7 8 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 michael@ryanalexander.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 Plaintiff, 12 v. 13 WALMART, INC., a Delaware Corporation, BROSNAN RISK CONSULTANTS, LTD., a Delaware Corporation; DOES I - X, INCLUSIVE, and ROE CORPORATIONS I X, Inclusive, 14 15 16 Case No.: 2:24-cv-491-MDC JILL HARRISON, an Individual; STIPULATION OF COUNSEL IN RESPONSE TO ORDER TO SHOW CAUSE SUPPORTING DECLARATION OF RYAN ALEXANDER, ESQ. Defendants. 17 18 Plaintiffs JILL HARRISON, (“HARRISON”, “Plaintiff”), and Defendants WALMART, 19 INC., (“Walmart”) and BROSNAN RISK CONSULTANTS, LTD. (“Brosnan”), by and through 20 their respective counsel, hereby submit this Stipulation in response to the Court’s Order to Show 21 Cause. 22 1. This is an ADA disability access case where Plaintiff alleges that she was 23 denied entry and service at a Walmart store by Defendants because of her use of a scooter as a 24 mobility device. As noted by the Court, Defendants filed Answers on July 17, 2024. 25 2. Fifteen days later, on Thursday, August 1, 2024, Counsel for Plaintiff drafted 26 a proposed Discovery Plan and Scheduling Order (“DPSO”) and emailed it to defense counsels 27 asking if they could hold the conference that afternoon. See Declaration of Ryan Alexander, email 28 1 1 chain as Ex. 1. Counsel for Plaintiff has handled many matters with McDonald Carano as opposing 2 counsel in a collegial manner, and even had mutual clients in a prior federal matter. Id. RYAN ALEXANDER, CHTD. 3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102 3 3. Defense counsels each responded on Monday, August 5, 2024, with Mr. Kay 4 of McDonald Carano for Walmart noting that they would review the proposed DPSO and asking if 5 Counsel also intended to formally notice a Rule 26 conference, and that he would be traveling on 6 Friday Morning. Id. Defense counsels did not hear from Plaintiff’s counsel after Mr. Kay’s email. 7 4. Meanwhile, Counsel for Plaintiff was leaving later that week for an out of 8 state trip. Id. Internally, Plaintiff’s written discovery was drafted on September 5, 2024; thereafter 9 the paralegal assisting on the file left employment as of September 19, 2024, days before Counsel 10 began [what was scheduled as a two-week] jury trial in Clark County District Court on September 11 26, 2024… with another weeklong jury trial that began on November 12, 2024. Id. With a 12 replacement litigation paralegal and two attorneys joining the firm amid two jury trials, it was 13 chaotic through to the holiday season. Id. This is not to justify noncompliance, but to give context 14 as to how after circulating the initial DPSO draft and pleasant communications, a conference was 15 not held nor was the DPSO revised and submitted prior to the Court bringing it to Plaintiff’s 16 attention - for which Plaintiff apologizes. Id. 17 5. Plaintiff’s Counsel circulated a second draft DPSO on January 21, 2025. Id. 18 The Parties held a scheduling conference under Federal Rule of Civil Procedure 26(f) on January 19 23, 2025. Id. The Parties discussed the scope of the case and necessary discovery and potential for 20 resolution. As a disability access case, it is largely fact driven. Id. The parties agreed to new dates 21 for discovery and submitted their proposed discovery plan and scheduling order in compliance with 22 LR 26-1(b). The Parties proposed six months of discovery from the order rather than from the 23 Answer, tentatively planned as six months from January 21, 2025 - discovery would close on June 24 21, 2025. Plaintiff agreed to produce her initial disclosures on January 24, 2025, with Defendants 25 to follow within fourteen days. 26 6. As the Parties have resumed focus on this matter, complied with the Order 27 to Show Cause in submitting a proposed plan and have begun to exchange discovery, Plaintiff asks 28 that the Court withhold sanctions and permit the Parties to engage in what they reassure will be 2 1 prompt and efficient discovery to prepare this matter for trial or, perhaps, alternative dispute 2 resolution. 3 4 5 RYAN ALEXANDER, CHTD. 3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102 6 7 8 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 9 10 11 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. 12 13 14 15 16 17 18 19 20 21 22 IT IS SO ORDERED. The Court has reviewed the parties’ response (ECF No 17) to the Court’s Order to Show Cause (ECF No. 15). The parties have shown cause and also filed a proposed stipulated scheduling order. Accordingly, no sanctions will be imposed. 23 24 25 26 ___________________________ Hon. Maximiliano D. Couvillier III United States Magistrate Judge Dated: 1-29-25 27 28 3

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