Drake v. FCA US LLC f/k/a Chrysler Group, LLC et al

Filing 15

ORDER Granting 14 Stipulation to Continue Discovery Deadlines. Discovery due by 8/19/2025. Motions by 9/18/2025. Proposed Joint Pretrial Order by 10/20/2025. Signed by Magistrate Judge Elayna J. Youchah on 3/11/2025. (Copies have been distributed pursuant to the NEF - JG)

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Melissa P. Wilner
Nevada Bar No. 16471
Klein Thomas Lee & Fresard
1920 Main Street, Suite 230
Irvine, California 92614
T. [phone]
[e-mail]
Mario D. Valencia
Nevada Bar No. 6154
Attorney at Law, LLC
40 S. Stephanie St., Ste. 201
Henderson, Nevada 89012
T. [phone]
[e-mail]
Attorneys for Defendant FCA US LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BARBARA DRAKE, an individual,

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Case No. 2:24-cv-02129-GMN-EJY

Plaintiff,

STIPULATION TO CONTINUE
DISCOVERY DEADLINES

v.
FCA US LLC f/k/a CHRYSLER GROUP,
LLC; GRAMMER INDUSTRIES, INC.;
DOES 1-10; and ROE CORPORATIONS
I - X, inclusive,

(First Request)

Defendants.

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Pursuant to LR 26-3, Plaintiff Barbara Drake (“Plaintiff”) and Defendant FCA US

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LLC (“FCA US”) stipulate to vacate and extend the current discovery deadlines set forth in

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the Stipulated Discovery Plan and Scheduling Order entered on January 7, 2025 (ECF No.

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12). The parties request this extension in order to complete discovery and continue

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ongoing settlement negotiations. This is the parties’ first stipulation to extend the

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discovery deadlines.

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A.

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DISCOVERY COMPLETED TO DATE:
1. Plaintiff served her Initial Disclosures pursuant to Fed. R. Civ. P. 26(a)(1) on

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February 6, 2025.

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2. Defendant FCA US LLC served its Initial Disclosures pursuant to Fed. R. Civ. P.

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26(a)(1) on January 17, 2025.

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3. Defendant FCA US LLC served their First Set of Requests for Production of

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Documents to Plaintiff on February 14, 2025.

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4. Defendant FCA US LLC served their First Set of Interrogatories to Plaintiff on

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February 14, 2025.

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5. The parties are coordinating an inspection on the subject vehicle with the necessary

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experts.

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6. The parties have been in settlement discussions.
B.

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DESCRIPTION

OF

DISCOVERY

THAT

REMAINS

TO

BE

COMPLETED:

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1. Plaintiff’s responses to discovery served by Defendant FCA US LLC.

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2. Subpoenas to Plaintiff’s treating physicians once Plaintiff serves her responses to

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discovery.
3. Independent Medical Examination (“IME”) on Plaintiff expected to be performed by

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April 30, 2025.

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4. The parties intend to complete an inspection of the subject vehicle by April 30,

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2025.

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5. Defendant FCA US LLC intends to take the deposition of Plaintiff, Barbara Drake.

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6. Plaintiff intends on serving discovery on Defendant FCA US LLC.

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7. Plaintiff intends to take the deposition of Defendants Fed. R. Civ. P. 30(b)(6)

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witness(es).
8. Defendant FCA US LLC intends to take the deposition of Plaintiff’s treating

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physicians.

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9. The parties intend to take expert depositions.
C.

REASON WHY DISCOVERY WAS NOT COMPLETED:
This is a complex product liability case with several potential causative issues,

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including design issues related to the headrest.

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Plaintiff did not serve FCA US with her initial disclosures until February 6, 2025.

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Eight (8) days later, on February 14, 2025, FCA US served Plaintiff with a first set of

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interrogatories and requests for production.

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outstanding. Defendants are in need of this information for upcoming depositions and

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expert reports, which are currently due by March 20, 2025. See ECF No. 12 at p. 4.

Plaintiff’s discovery responses are still

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The parties have stipulated to extend the current discovery deadlines to provide time

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to complete written discovery and inspections on the subject vehicle that the experts will

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need to formulate their opinions that are to be included in their reports. See e.g., Fed. R.

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Civ. P. 26(a)(2)(B); ECF No. 12 at p. 4 (initial expert disclosures due March 20, 2025).

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Further, the parties have been in settlement negotiations, which is why the parties waited to

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seek an extension in hopes of resolving this matter. Settlement discussions are still

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ongoing. The parties submit these reasons constitute good cause under LR 26-3 for

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extending the current discovery deadlines.

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The parties do not bring this stipulation for purpose of delay.
D.

CURRENT DISCOVERY AND PRE-TRIAL DEADLINES:

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1.

Discovery Cut-Off Date:

May 19, 2025

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2.

Amending the Pleadings and Adding parties:

Closed

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3.

FRCP 26(a)(2) Disclosure of Initial Experts:

March 20, 2025

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4.

FRCP 26(a)(2) Disclosures of Rebuttal Experts:

April 21, 2025

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4.

Dispositive Motions:

June 18, 2025

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5.

Pre-Trial Order:

July 18, 2025

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E.

PROPOSED

SCHEDULE

FOR

COMPLETING

REMAINING

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DISCOVERY:

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1.

Discovery Cut-Off Date:

August 19, 2025

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2.

Amending the Pleadings and Adding parties:.

Closed

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3.

FRCP 26(a)(2) Disclosure of Initial Experts:

June 20, 2025

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4.

FRCP 26(a)(2) Disclosures of Rebuttal Experts:

July 21, 2025

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4.

Dispositive Motions:

September 18, 2025

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Pre-Trial Order:

October 20, 2025

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This Stipulation is made in good faith and not for the purpose of delay.

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DATED this 11th day of March, 2025.

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KLEIN THOMAS LEE & FRESARD

HAMILTON LAW

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By: /s/ Melissa P. Wilner
MELISSA P. WILNER, ESQ.
Nevada Bar No. 16471
1920 Main Street, Suite 230
Irvine, CA 92614

By: /s/ Ryan Hamilton
RYAN HAMILTON, ESQ.
Nevada Bar No. 11587
5125 S Durango Dr.
Las Vegas, NV 89113
[phone]

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MARIO D. VALENCIA, ESQ.
Nevada Bar No. 6154
ATTORNEY AT LAW, LLC
40 S. Stephanie St., Ste. 201
Henderson, NV 89102

Attorney for Plaintiff

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Attorneys for Defendant FCA US LLC

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IT IS SO ORDERED.

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__________________________________
U.S. MAGISTRATE JUDGE

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Date: March 11, 2025

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