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)

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: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]

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

[e-mail],

28

[e-mail]

[e-mail],

-3-

[e-mail],

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

[e-mail], [e-mail], [e-mail]
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-