Wade v. C and S Company Inc.

Filing 16

ORDER denying with leave to refile 14 Discovery Plan and Scheduling Order. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 9/24/2024. (Copies have been distributed pursuant to the NEF - MAM)

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1 2 3 4 5 6 7 MARK J. BOURASSA, ESQ. (NBN 7999) JENNIFER A. FORNETTI, ESQ. (NBN 7644) VALERIE S. CHRISTIAN, ESQ. (NBN 14716) THE BOURASSA LAW GROUP 2350 W. Charleston Blvd., Suite 100 Las Vegas, Nevada 89102 Telephone: (702) 851-2180 Facsimile: (702) 851-2189 Email: mbourassa@blgwins.com jfornetti@blgwins.com vchristian@blgwins.com 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 STEVEN WADE, an individual, 11 Case No.: 2:24-cv-01561-RFB-MDC Plaintiff, 12 13 14 vs. STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER C AND S COMPANY INC., a domestic corporation, and DOES 1 – 20 inclusive, SUBMITTED IN COMPLIANCE WITH LR 26-1(b) 15 Defendants. 16 17 STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER 18 Under Fed. R. Civ. P. 26(f) and Local Rule 26-1, the parties, through their respective counsel, 19 conducted a telephone conference on September 10, 2024, to generally discuss the claims, and to schedule 20 a discovery planning conference. 21 22 Plaintiff’s counsel and Defendant’s counsel conducted a discovery conference on September 10, 2024, and hereby submits to the Court the following proposed Discovery Plan and Scheduling Order: 23 A. 24 The parties will make their initial disclosures by September 24, 2024. 25 B. 26 Plaintiffs believe that the areas of discovery should include, but not be limited to, all claims and 27 Initial Disclosures Areas of Discovery defenses allowed pursuant to the Federal Rules of Civil Procedure. 28 -1- 1 C. 2 The parties Accordingly, the parties propose the following Discovery Plan for this matter as it 3 currently stands (for deadlines that fall on a Saturday, Sunday, or legal holiday have been scheduled for 4 the next judicial day): Discovery Plan 5 Event Date 6 Discovery Cut-Off Date March 10, 2025 (180 days after the parties’ 7 discovery-planning conference) 8 9 Amending Pleadings and Adding Parties December 10, 2024 (90 days to close of discovery) 10 11 Initial Expert Designations January 9, 2025 (60 days to close of discovery) Rebuttal Expert Designations February 10, 2025 (30 days to close of discovery, 12 13 14 next judicial day) 15 16 Dispositive Motion Deadline April 9, 2025 (30 days after discovery closes) Pretrial Order May 9, 2025 (30 days after the dispositive motion 17 18 19 deadline unless dispositive motions are filed, in which 20 case the deadline for filing the joint pretrial order will 21 be suspended until 30 days after decision on the 22 dispositive motions or further court order) 23 24 25 D. 26 If the Court has questions regarding the dates proposed by the parties, the parties request a 27 conference with the court before entry of the Scheduling Order. If the Court does not have questions, the 28 parties do not request a conference with the Court. Court Conferences -2- 1 E. 2 All motions or stipulations to extend a deadline set forth in this discovery plan shall be received 3 by the Court no later than twenty-one (21) days before the expiration of the subject deadline, must satisfy 4 the requirements of LR 26-3, and be supported by good cause for the extension. Extensions or Modifications of the Discovery Plan and Scheduling Order 5 F. 6 The parties certify that they have met and conferred about the possibility of using alternative 7 Alternative Dispute Resolution dispute-resolution processes including mediation, arbitration, and if applicable, early neutral evaluation. 8 G. 9 The parties certify that they have considered consent to trial by a magistrate judge under 28 U.S.C. 10 Alternative Forms of Case Disposition § 636(c) and Fed. R. Civ. P. 73 and the use of the Short Trial Program (General Order 2013-01). 11 H. 12 Unless the discovery plan otherwise provides and the court so orders, the disclosures required by 13 Fed. R. Civ. P. 26(a)(3) Disclosures Fed. R. Civ. P. 26(a)(3) and any objections to them must be included in the joint pretrial order. 14 I. 15 The parties certify that they have discussed and intend to present evidence in electronic format to 16 jurors for the purposes of jury deliberations and will ensure that said evidence is in an electronic format 17 compatible with the Court’s electronic jury evidence display system. At present, the parties have not 18 agreed upon any stipulations regarding use of electronic evidence but will address this issue again in the 19 joint pretrial order. Electronic Evidence 20 J. 21 The undersigned, on behalf of Plaintiff and Defendants, hereby consent to service of documents 22 by electronic means via electronic mail and/or by U.S. Mail. Documents served by electronic means must 23 be transmitted to the following persons at the e-mail address below: 24 25 26 Consent to Service by Electronic Means through Electronic Mail • Plaintiff’s Attorneys: Jennifer A. Fornetti, Valerie S. Christian and Mark J. Bourassa of The Bourassa Law Group o E-Service Address: 27 jfornetti@blgwins.com, 28 kvandermiller@blgwins.com vchristian@blgwins.com, -3- mbourassa@blgwins.com, 1 2 3 • Defendants’ Attorneys: Bradley T. Austin, Esq, Paul S. Prior, Esq., Theresa C. Trenholm, Esq., of SNELL & WILMER LLP. o E-Service Address: 4 5 6 baustin@swlaw.com, sprior@swlaw.com, ttrenholm@swlaw.com DATED this 20th day of September, 2024 DATED this 20th day of September, 2024 THE BOURASSA LAW GROUP SNELL & WILMER LLP By: /s/ Jennifer A. Fornetti MARK J. BOURASSA, ESQ. (NBN 7999) JENNIFER A. FORNETTI, ESQ. (NBN 7644) VALERIE S. CHRISTIAN, ESQ. (NBN 14716) 2350 W Charleston Blvd, Suite 100 Las Vegas, Nevada 89102 By:/s/ Paul S. Prior BRADLEY T. AUSTIN, ESQ. (NBN 13064) PAUL S. PRIOR, ESQ. (NBN 9324) THERESA C. TRENHOLM, ESQ. (NBN 16460) 1700 South Pavilion Center Drive, Ste. 700 Las Vegas, Nevada 89135 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Attorneys for Plaintiff Attorneys for Defendant IT IS SO ORDERED: Denied with leave to refile. Stipulation does not comply with LR 26-1(b)(1). The 180-day standard discovery period is measured from date of first defendant UNITED STATES MAGISTRATE JUDGE appeared, not the date of the initial conference. The stipulation does not contain any good cause for DATED: 09-24-24 the longer discovery period requested and does not CASE NO.: 2:24-cv-01561-RFB-MDC comply with LR 26-1(a). The parties shall file a stipulation in compliance with LR 26-1(b). The Court will consider discovery extensions should the need arise and the parties demonstrate good cause and diligence in pursuing discovery. 23 24 25 26 27 28 -4- 1 CERTIFICATE OF SERVICE 2 3 Pursuant to FRCP 5(b), I certify that I am an employee of The Bourassa Law Group, and that on 4 this date I caused to be served a true copy of STIPULATED DISCOVERY PLAN AND 5 SCHEDULING ORDER on all parties to this action by the method(s) indicated below: 6 7 8 9 10 X by using the Court’s CM/ECF Electronic Notification System addressed to: Bradley T. Austin, Esq. Paul S. Prior, Esq. Theresa C. Trenholm, Esq. SNELL & WILMER LLP 1700 South Pavilion Center Drive, Ste. 700 Las Vegas, Nevada 89135 11 12 DATED: This 20th day of September, 2024. 13 14 /s/ Kylie B. VanderMiller Employee of The Bourassa Law Group 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

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