Frierson et al v. Frontier Airlines, Inc.

Filing 24

ORDER Granting 21 Stipulated Discovery Plan. Discovery due by 8/14/2026. Motions due by 9/15/2026. Proposed Joint Pretrial Order due by 10/15/2026. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 1/27/2025. (Copies have been distributed pursuant to the NEF - AMMi)

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1 CHARLES A. MICHALEK, ESQ. Nevada Bar No. 5721 2 ROGERS, MASTRANGELO, CARVALHO & MITCHELL 700 South Third Street 3 Las Vegas, Nevada 89101 4 Phone (702) 383-3400 Fax (702) 384-1460 5 Email: cmichalek@rmcmlaw.com 6 -and7 BRIAN T. MAYE, ESQ. 8 (Admitted Pro Hac Vice) Fitzpatrick, Hunt & Pagano, LLP 9 10 South LaSalle Street, Suite 3400 Chicago, Illinois 60603 10 Phone (312) 728-4000 Fax (312) 728-4950 11 Email: brian.maye@fitzhunt.com 12 13 Attorneys for Defendant Frontier Airlines, Inc. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 15 EDDIE FRIERSON, ET AL., 16 17 18 19 20 Plaintiffs, v. FRONTIER AIRLINES, INC., ET AL., Defendants. Case No.: 2:24-cv-02181-RFB-MDC JOINT PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER [SPECIAL SCHEDULING REVIEW REQUESTED] 21 22 Plaintiffs Eddie Frierson, Alberto Cardoso-Ramirez, Ana Figueroa-Cueva, Deanna 23 Daniels, Janelle Johnson, Joseph Johnson, Jayden Eggleston, Melisa Gutierrez-Tolosa, Michael 24 Martinez, Stacy Martinez, Sadie Joseif, Kevin Joseif, Travis Scarbrough, Mariela Estrada, 25 Kwantida Payakka, Joel Martinez Guerra, Rocio Medina Solarte, Toni O’Neill and Arturo 26 Castanares (collectively “Plaintiffs”), through their undersigned counsel, and Defendant, Frontier 27 28 1 Airlines, Inc. (“Frontier”), through its undersigned counsel, hereby submit this Joint Proposed 2 Discovery Plan and Scheduling Order. 3 4 5 6 7 Fed. R. Civ. P. 26(f) Conference The parties held the Rule 26(f) conference on December 18, 2024, January 17, 2025, and January 22, 2025, to discuss the joint status report, which was filed on December 24, 2024, and the preparation and submission of a proposed joint scheduling order and discovery plan. Based 8 on the foregoing, the parties submit the following discovery plan in compliance with LR 26-1. 9 Proposed Discovery Plan 10 A. 11 Frontier first appeared in this matter on November 21, 2024. The parties propose the 12 13 14 Discovery Cut-off. deadline to complete discovery be set for August 14, 2026. The parties note that this proposed discovery period exceeds the 180-day period contemplated by LR 26-1. Pursuant to LR 26-1(a), 15 the parties provide the following statement in support of their request for a longer discovery period. 16 Currently, there are twenty-six (26) plaintiffs named in the Complaint. It is anticipated that 17 at least eight more individuals will seek to be added as plaintiffs in this case. Further, it is the 18 parties’ understanding that the NTSB has not yet completed its investigation of the subject 19 20 21 22 incident. Additionally, before any manual material can be produced by Frontier in this matter, the Transportation Security Administration (TSA) is required to complete a sensitive security information (SSI) determination, which is typically an extended process. Further, it is anticipated 23 that the depositions of the parties, medical providers, percipient witnesses and experts will take an 24 extended period of time. Accordingly, the parties anticipate a discovery period of 18 to 24 months 25 due to the number of parties, the involvement of federal government agencies, anticipated medical 26 discovery, and expert discovery regarding liability and damages. 27 28 2 1 B. Amending the Pleadings and Adding Parties. 2 The last date for filing motions to amend the pleadings or to add parties shall be no later 3 than 90 days prior to the close of discovery. In this action the last date for filing motions to amend 4 the pleadings or add parties shall be March 15, 2026. 5 C. Fed. R. Civ. P. 26(a)(2) Disclosures (Experts). 6 7 The last date for disclosure of expert witnesses shall be 60 days before discovery cut-off 8 date. In this action, the last date for disclosure of experts shall be June 19, 2026. The last day for 9 disclosure of rebuttal expert witnesses shall be made 30 days after the initial disclosures of 10 experts, or by July 20, 2026. 11 D. 12 The last date for filing dispositive motions shall be no later than 30 days after the Dispositive Motions. 13 discovery cut-off date. In this action, the last date for filing dispositive motions will be 14 September 15, 2026. 15 E. Pretrial Order. 16 17 18 19 20 The Joint Pretrial Order shall be filed no later than 30 days after the date set for filing dispositive motions. In this action, the Joint Pretrial Order shall be filed on or before October 15, 2026. In the event dispositive motions are filed, the date for filing the Joint Pretrial Order shall be suspended until 30 days after the decision of the dispositive motions or further order of the Court. 21 F. Fed. R. Civ. P. 26(a)(3) Disclosures. 22 The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections thereto shall be 23 included in the Pretrial Order. 24 25 26 27 G. Alternative Dispute Resolution. The parties certify that they have considered the use of alternative dispute resolution procedures and will further evaluate the potential for ADR as the case moves forward. 28 3 1 H. Alternative Forms of Case Disposition. 2 The parties certify that they have considered consent to trial by a Magistrate Judge but 3 at this time do not consent. 4 5 6 7 I. Electronic Evidence. The parties certify that they have discussed whether they intend to present evidence in an electronic format. The parties did not enter any stipulations regarding the use of evidence in an 8 electronic format. 9 J. 10 Applications to extend any date set by the discovery plan/scheduling order shall Extensions or Modifications of the Discovery Plan and Scheduling Order. 11 be received by the Court on or before twenty-one (21) days before the expiration of the 12 13 14 15 16 17 18 19 20 21 subject deadline and must fully comply with Local Rule 26-3 by including the following: x A statement specifying the discovery completed by the parties as of the date of the motion or stipulation; x A specific description of the discovery, which remains to be completed; x The reasons why remaining discovery was not completed within the time limits of the existing discovery deadline; and x A proposed schedule for the completion of all remaining discovery. Prior to moving for an extension of any date contained within this order, the parties agree to conduct a good faith meet and confer regarding the request. 22 DATED this 27 day of January 2025. th DATED this 27th day of January 2025. 23 /s/ Scott R. Cook /s/ Brian T. Maye BRIAN T. MAYE, ESQ. (Admitted Pro Hac Vice) FITZPATRICK, HUNT & PAGANO, LLP 10 South LaSalle Street, Suite 3400 Chicago, Illinois 60603 Phone (312) 728-4000 Fax (312) 728-4950 Email: brian.maye@fitzhunt.com SCOTT R. COOK, ESQ. 24 Nevada Bar No. 5265 DIMOPOULOS LAW FIRM 25 6671 S. Las Vegas Blvd., Suite 275 26 Las Vegas, NV 89119 Phone: (702) 800-6000 27 Fax: (702) 224-2114 sc@stevedimopoulos.com 28 and 4 1 CHARLES A. MICHALEK, ESQ. Nevada Bar No. 5721 ROGERS, MASTRANGELO, CARVALHO & MITCHELL 700 South Third Street Las Vegas, Nevada 89101 Phone (702) 383-3400 Fax (702) 384-1460 Email: cmichalek@rmcmlaw.com 2 3 4 5 6 7 8 ORDER 9 IT IS SO ORDERED: 10 DATED this 27th day of January 2025. 11 12 13 UNITED STATES MAGISTRATE JUDGE 14 15 Dated: January 27, 2025 16 17 Respectfully Submitted, /s/ Brian T. Maye 21 BRIAN T. MAYE, ESQ. (Admitted Pro Hac Vice) FITZPATRICK, HUNT & PAGANO, LLP 10 South LaSalle Street, Suite 3400 Chicago, Illinois 60603 Phone (312) 728-4000 Email: brian.maye@fitzhunt.com 22 and 23 CHARLES A. MICHALEK, ESQ. Nevada Bar No. 5721 ROGERS, MASTRANGELO, CARVALHO & MITCHELL 700 South Third Street Las Vegas, Nevada 89101 Phone (702) 383-3400 Email: cmichalek@rmcmlaw.com 18 19 20 24 25 26 27 28 Counsel for Frontier Airlines, Inc. 5

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