Opinion
2:22-cv-01485-GMN-VCF
10-04-2023
MY VAN THI ANDERSON, Plaintiff, v. ALBERTSON'S LLC, a foreign limited-liability Company; HAUGEBAK CONSTRUCTION COMPANY, a Domestic For-Profit Business Corporation; and DOES I-X; and ROE CORPORATIONS I-X, inclusive ALBERTSON'S LLC Cross-Claimant, v. HAUGEBAK CONSTRUCTION COMPANY, Cross-Defendant
Jack P. Burden, Esq. Nevada State Bar No. 6918 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 Dallin Knecht, Esq. Nevada State Bar No. 16263 BACKUS | BURDEN Attorneys for Defendant/Cross-Claimant Albertson's LLC Jacob S. Smith, Esq. Henness & Haight Attorney for Plaintiff Michael A. Federico, Esq, OLSON CANNON GORMLEY & STOBERSKI Attorney for Haugebak Construction Company
Jack P. Burden, Esq. Nevada State Bar No. 6918
Jacquelyn Franco, Esq. Nevada State Bar No. 13484
Dallin Knecht, Esq. Nevada State Bar No. 16263
BACKUS | BURDEN
Attorneys for Defendant/Cross-Claimant Albertson's LLC
Jacob S. Smith, Esq. Henness & Haight Attorney for Plaintiff
Michael A. Federico, Esq,
OLSON CANNON GORMLEY & STOBERSKI
Attorney for Haugebak Construction Company
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST)
Plaintiff My Van Thi Anderson, and Defendants Albertson's LLC and Haugebak Construction Company, by and through their respective counsel of record, do hereby stipulate and agree to the extension of the discovery deadline, expert disclosure deadlines, deadline for dispositive motions, and the pretrial order deadline in the current scheduling order and discovery plan in this matter for a period of ninety (90) days for the reasons explained herein.
Pursuant to Local Rule IA 6-1(a), the parties state that this is the first such discovery extension requested in this matter.
DISCOVERY COMPLETED TO DATE - LR 26-3(a)
1. The parties held a Fed.R.Civ.P. 26(f) Conference on October 17, 2022.
2. The parties have served Fed.R.Civ.P. 26(a) Disclosures and continued to supplement those disclosures throughout discovery.
3. On January 23, 2023, Albertson's served written discovery on Plaintiff.
4. On March 8, 2023, Plaintiff served responses to Albertson's written discovery.
5. Plaintiff amended her Complaint naming Haugebak Construction Company as a party on March 20, 2023.
6. Haugebak served Plaintiff with written discovery on July 20, 2023.
7. Plaintiff served responses to Haugebak's written discovery on August 21, 2023.
8. Albertson's noticed the deposition of Plaintiff for September 27, 2023.
9. On September 26, 2023, Albertson's vacated the deposition of Plaintiff as the company retained to provide stenography services was unable to provide an ASL translator.
DISCOVERY REMAINING - LR 26-3)b)
1. Deposition of Plaintiff
2. Disclosure of medical and liability experts
3. Depositions of medical and liability experts
4. Depositions of corporate witnesses (if necessary)
5. Depositions of additional fact witnesses (if necessary)
REASONS FOR EXTENSION - LR 26-3(c)
Pursuant to LR IA 6-1 and LR 26-3, the parties represent that good cause exists for the extension of the current deadlines in this matter. While the parties are actively litigating this case, due to Plaintiff's unrelated medical status, the parties are experiencing difficulty in timely scheduling her deposition. Plaintiff is deaf, making communication with her difficult. The parties noticed Plaintiff's deposition and retained an ASL translator, however the deposition services company was unable to provide an ASL translator and the deposition was vacated. In light of the facts of the case including Plaintiff's unrelated medical condition, the parties believe it necessary to take Plaintiff's deposition prior to the disclosure of expert witnesses.
Further, the parties believe that this case has the potential to resolve before trial and are working well and in good faith to settle this case. The parties believe that after depositions of Plaintiff and experts are taken, the potential for ADR to resolve the matter is high. The parties have acted in good faith in discovery to date. Neither party has any intent, nor reason, to delay the resolution of this matter. A 90-day extension will allow the parties to take all necessary depositions.
NEW DISCOVERY DEADLINES - LR 26-3(d)
Current Deadline
New Deadline
Deadline For Expert Witnesses
10/12/2023
1/10/2024
Deadline To Amend Pleadings/Add Parties
Closed
Closed
Deadline For Rebuttal Experts
11/13/2023
2/9/2024
Discovery Deadline
12/12/2023
3/11/2024
Deadline To File Dispositive Motions
1/10/2024
4/9/2024
Pretrial Order Deadline
2/9/2024
5/9/2024
If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order.
If this extension is granted, all anticipated additional discovery should be concluded within the stipulated extended deadline. The parties represent that this request for extension of discovery deadlines is made by the parties in good faith and not for the purpose of delay.
IT IS SO STIPULATED and agreed as to the terms and conditions of this Stipulation to Extend Discovery Deadlines.
ORDER
IT IS SO ORDERED.