Harrison v. Walmart, Inc. et al
Filing
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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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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
michael@ryanalexander.com
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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Plaintiff,
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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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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.
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Plaintiffs JILL HARRISON, (“HARRISON”, “Plaintiff”), and Defendants WALMART,
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INC., (“Walmart”) and BROSNAN RISK CONSULTANTS, LTD. (“Brosnan”), by and through
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their respective counsel, hereby submit this Stipulation in response to the Court’s Order to Show
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Cause.
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1.
This is an ADA disability access case where Plaintiff alleges that she was
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denied entry and service at a Walmart store by Defendants because of her use of a scooter as a
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mobility device. As noted by the Court, Defendants filed Answers on July 17, 2024.
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2.
Fifteen days later, on Thursday, August 1, 2024, Counsel for Plaintiff drafted
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a proposed Discovery Plan and Scheduling Order (“DPSO”) and emailed it to defense counsels
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asking if they could hold the conference that afternoon. See Declaration of Ryan Alexander, email
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chain as Ex. 1. Counsel for Plaintiff has handled many matters with McDonald Carano as opposing
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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
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3.
Defense counsels each responded on Monday, August 5, 2024, with Mr. Kay
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of McDonald Carano for Walmart noting that they would review the proposed DPSO and asking if
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Counsel also intended to formally notice a Rule 26 conference, and that he would be traveling on
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Friday Morning. Id. Defense counsels did not hear from Plaintiff’s counsel after Mr. Kay’s email.
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4.
Meanwhile, Counsel for Plaintiff was leaving later that week for an out of
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state trip. Id. Internally, Plaintiff’s written discovery was drafted on September 5, 2024; thereafter
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the paralegal assisting on the file left employment as of September 19, 2024, days before Counsel
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began [what was scheduled as a two-week] jury trial in Clark County District Court on September
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26, 2024… with another weeklong jury trial that began on November 12, 2024. Id. With a
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replacement litigation paralegal and two attorneys joining the firm amid two jury trials, it was
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chaotic through to the holiday season. Id. This is not to justify noncompliance, but to give context
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as to how after circulating the initial DPSO draft and pleasant communications, a conference was
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not held nor was the DPSO revised and submitted prior to the Court bringing it to Plaintiff’s
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attention - for which Plaintiff apologizes. Id.
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5.
Plaintiff’s Counsel circulated a second draft DPSO on January 21, 2025. Id.
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The Parties held a scheduling conference under Federal Rule of Civil Procedure 26(f) on January
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23, 2025. Id. The Parties discussed the scope of the case and necessary discovery and potential for
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resolution. As a disability access case, it is largely fact driven. Id. The parties agreed to new dates
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for discovery and submitted their proposed discovery plan and scheduling order in compliance with
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LR 26-1(b). The Parties proposed six months of discovery from the order rather than from the
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Answer, tentatively planned as six months from January 21, 2025 - discovery would close on June
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21, 2025. Plaintiff agreed to produce her initial disclosures on January 24, 2025, with Defendants
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to follow within fourteen days.
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6.
As the Parties have resumed focus on this matter, complied with the Order
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to Show Cause in submitting a proposed plan and have begun to exchange discovery, Plaintiff asks
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that the Court withhold sanctions and permit the Parties to engage in what they reassure will be
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prompt and efficient discovery to prepare this matter for trial or, perhaps, alternative dispute
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resolution.
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RYAN ALEXANDER, CHTD.
3017 WEST CHARLESTON BOULEVARD SUITE 10, LAS VEGAS, NEVADA 89102
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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
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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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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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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.
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___________________________
Hon. Maximiliano D. Couvillier III
United States Magistrate Judge
Dated: 1-29-25
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