Sweeney v. Barrick Goldstrike Mines Inc.

Filing 25

ORDER granting ECF No. 24 Stipulation; Discovery due by Wednesday, 3/2/2022. Motions due by Friday, 4/1/2022. Proposed Joint Pretrial Order due by Monday, 5/2/2022. Signed by Magistrate Judge William G. Cobb on 1/10/2022. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:20-cv-00644-MMD-WGC Document 25 Filed 01/10/22 Page 1 of 4

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JAMES P. KEMP, ESQ.
Nevada Bar No.: 6375
VICTORIA L. NEAL, ESQ.
Nevada Bar No.: 13382
KEMP & KEMP
7435 W. Azure Drive, Suite 110
Las Vegas, NV 89130
702-258-1183 ph /702-258-6983 fax
[e-mail]
[e-mail]
Attorneys for Plaintiff
Elizabeth Sweeney, as surviving spouse of
Michael Christopher Sweeney

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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ELIZABETH SWEENEY, as surviving
spouse, actual owner of the claims set forth
herein, and/or as authorized personal
representative of the estate of MICHAEL
CHRISTOPHER SWEENEY, deceased,

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Plaintiff,

Case No.: 3:20-cv-00644-MMD-WGC
STIPULATION AND ORDER
TO EXTEND DISCOVERY
DEADLINES
(SECOND REQUEST)

vs.
BARRICK GOLDSTRIKE MINES INC., a
Foreign Corporation,
Defendant.

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Plaintiff ELIZABETH SWEENEY, as surviving spouse of Michael Christopher Sweeney, and
Defendant BARRICK GOLDSTRIKE MINES INC., by and through their undersigned counsel,
hereby stipulate and request that all deadlines set forth in the Joint Stipulation and Order to Amend
the Scheduling Order (ECF No. 16), pursuant to FRCP 26(f)(3) and LR 26-3, be extended by thirty

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(30) days to Wednesday, March 2, 2022 (the ninetieth day falls on Sunday, January 30, 2022). The

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current discovery cut-off date is January 31, 2022, depositions and other related discovery still need

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{02288862.DOC / 2}

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Case 3:20-cv-00644-MMD-WGC Document 25 Filed 01/10/22 Page 2 of 4

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to be completed. This request is made in good faith, is timely, is not made to cause delay, is

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submitted pursuant to LR IA 6-1, LR IA 6-2, LR 7-1 and LR 26-4, and is the parties’ second request.

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I. DISCOVERY COMPLETED TO DATE

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Plaintiff served Initial Disclosures on April 22, 2021; and two Supplemental Disclosures on

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July 29, 2021, and August 25, 2021.
Defendant served Initial Disclosures on April 19, 2021.

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Plaintiff served a First Set of Interrogatories and First Set of Requests for Production of

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Documents on Defendants on August 31, 2021. Defendant requested an extension to complete its
responses and served those responses on Plaintiff on October 21, 2021.
Defendant served a First Set of Interrogatories and First Set of Requests for Production of

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ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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Documents on Defendants on June 10, 2021. Plaintiff requested an extension to complete her
responses and served those responses on Defendant on July 29, 2021. Defendant served a Second
Set of Requests for Production of Documents on September 30, 2021. Plaintiff served her
responses on Defendant on November 1, 2021 (October 30, 2021, is a Saturday).
The parties held a meet and confer conference on October 26, 2021 regarding discovery
issues and were able to resolve those amicably and without the Court’s intervention through
amendments to responses and the production of further documents
Plaintiff served a subpoena on Zurich North America on November 19, 2021. Zurich North
America’s Full compliance is still pending.
II.

REMAINING DISCOVERY TO BE COMPLETED
The parties will complete discovery consistent with the Federal Rules of Civil Procedure,

including by Rule 26(b), Rule 30, Rule 33, Rule 34, Rule 35, and Rule 36, such that the parties may
obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense
and proportional to the needs of the case, subject to the limitations imposed by Rule 26(b)(2)(C).
The parties will supplement and/or amend written discovery; conduct any witness or personmost-knowledgeable depositions; issue any third-party subpoenas; and all parties will supplement
any disclosures as necessary.

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{02288862.DOC / 2}

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Case 3:20-cv-00644-MMD-WGC Document 25 Filed 01/10/22 Page 3 of 4

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III.

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REASONS DISCOVERY
DEADLINE

CANNOT

BE

COMPLETED

WITHIN

THE

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The parties have worked diligently and amicably addressing discovery issues including

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among others setting initial deposition dates for the week of November 29, 2021, in Elko, NV.

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Depositions in Elko require both Counsel to travel and the additional consideration of securing a

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court reporter to travel from Salt Lake City to Elko. Plaintiff’s Counsel were unable to move

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forward for a variety of reasons including holidays and the hospitalizations of Plaintiff’s counsels’

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89-year-old mother and subsequent diagnosis of a rapidly progressing terminal illness.

2022, the first mutual availability of counsel for both parties. It is believed that all depositions can be

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ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

The Deposition of Plaintiff Elizabeth Sweeney in this matter has been set for February 15,

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KEMP & KEMP

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completed within the requested thirty (30) day extension.

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IV.

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The parties propose to the Court the following cut-off dates:

REVISED PROPOSED DISCOVERY PLAN

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A.

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March 2, 2022.

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B.

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Discovery Cut-off Date: The discovery cut-off deadline shall be Wednesday,

Dispositive Motions: Dispositive motions shall be filed by Friday, April 1, 2022,

thirty (30) days after the discovery cut-off date of March 2, 2022, in accordance with LR 26-3.
C.

Pretrial Order: The Pretrial Order shall be filed not later than Monday, May 2,

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2022 (May 1, 2022 is a Sunday) which is thirty (30) days after the deadline for filing dispositive

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motions on April 1, 2022, in accordance with LR 26-1(b)(5). In the event dispositive motions have

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been filed, the Pretrial Order shall be suspended until thirty (30) days after a decision of the

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dispositive motions or further order of the Court.

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D.

Fed. R. Civ. P. 26(a)(3) Disclosures: The disclosures required by Fed. R. Civ. P.

26(a)(3), and any objections thereto, shall be included in the final pretrial order.
E.

Extensions or Modifications of the Discovery Plan and Scheduling Order: In

accordance with LR 26-4, any motion or stipulation to extend a deadline set forth in this discovery

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{02288862.DOC / 2}

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Case 3:20-cv-00644-MMD-WGC Document 25 Filed 01/10/22 Page 4 of 4

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plan and scheduling order shall be received by the Court no later than twenty-one (21) days before
the expiration of the subject deadline. A request made within twenty-one (21) days of the subject
deadline will be supported by a showing of good cause. Any stipulation or motion will comply fully
with LR 26-4.
For all the reasons stated above, good cause exists to extend the discovery cut-off deadline in
this matter.

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Dated: January 7, 2022

Dated: January 7, 2022

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ATTORNEYS AT LAW
7435 W. Azure Drive, Suite 110
LAS VEGAS, NEVADA 89130
Tel. [phone] ♦ Fax [phone]

KEMP & KEMP

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/s/ Victoria L. Neal
James P, Kemp, Esq., NV Bar #6375
Victoria L. Neal, Esq., NV Bar #13382
KEMP & KEMP
Attorneys for Plaintiff
Elizabeth Sweeney, as surviving spouse of
Michael Christopher Sweeney

/s/ David C. Castleberry
Michelle D. Alarie, Esq., NV Bar #11894
ARMSTRONG TEASDALE LLP
David C. Castleberry, NV Bar #8981
Kathleen D. Weron, Pro Hac Vice Utah Bar #8437
MANNING CURTIS BRADSHAW
& BEDNAR PPLC
Attorneys for Defendant
Barrick Goldstrike Mines, Inc.

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IT IS SO ORDERED.

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Dated: January 10, 2022.
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_______________________________________
UNITED STATES MAGISTRATE JUDGE
HONORABLE WILLIAM G. COBB

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{02288862.DOC / 2}

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