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Cheek v. Cent. Trucking Inc.

United States District Court, District of Nevada
Apr 19, 2022
2:22-cv-00271-GMN-BNW (D. Nev. Apr. 19, 2022)

Opinion

2:22-cv-00271-GMN-BNW

04-19-2022

NIKKIE LYNN CHEEK, an Individual; NIKKIE LYNN CHEEK and KATHLEEN J. MANGIONE as Co-Special Administrators for the ESTATE OF ALINA R. HIGUERA Plaintiff, v. CENTRAL TRUCKING INC., a Foreign Corporation; HAROLD EUGENE STROUSE, an Individual; DOES I through X, inclusive; and ROE BUSINESS ENTITIES I through X inclusive, Defendants.

CHRISTIANSEN TRIAL LAWYERS Keely A. Perdue PETER S. CHRISTIANSEN, ESQ. Nevada Bar No. 5254 R. TODD TERRY, ESQ. Nevada Bar No. 6519 KEELY A. PERDUE, ESQ. Nevada Bar No. 13931 Attorneys for Plaintiffs PERRY & WESTBROOK Alan W. Westbrook ALAN W. WESTBROOK, ESQ. Nevada Bar No. 6167 Attorneys for Defendants


CHRISTIANSEN TRIAL LAWYERS

Keely A. Perdue

PETER S. CHRISTIANSEN, ESQ.

Nevada Bar No. 5254

R. TODD TERRY, ESQ.

Nevada Bar No. 6519

KEELY A. PERDUE, ESQ.

Nevada Bar No. 13931

Attorneys for Plaintiffs

PERRY & WESTBROOK

Alan W. Westbrook

ALAN W. WESTBROOK, ESQ.

Nevada Bar No. 6167

Attorneys for Defendants

STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER (SPECIAL SCHEDULING REVIEW REQUESTED)

BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE.

1. Meeting: The parties conducted the Rule 26(f) conference on April 4, 2022.

2. Pre-Discovery Disclosures: The parties will serve their respective disclosures on or before April 18, 2022.

3. Discovery Plan: The parties propose a longer period for discovery than that specified in LR 26-1(b). The reasons for the proposed longer discovery period is due to the court's backlog of cases caused by the COVID-19 pandemic, as well as counsels' upcoming trial schedule, which will delay counsel's ability to conduct discovery. Consequently, the parties need additional time to complete all discovery. The parties propose the discovery period below, calculated 365 days from February 11, 2022, the date of Defendants' Petition for Removal.

Amending the Pleadings and Adding Parties

November 13, 2022

Initial Expert Disclosure

December 13, 2022

Rebuttal Expert Disclosures

January 12, 2023

Discovery Cut-Off Date

February 11, 2023

Dispositive Motions

March 15, 2023

Joint Pre-Trial Order, if No Dispositive Motions

April 14, 2023

The parties certify they have conferred about the possibility of using alternative dispute resolution processes, specifically mediation, and are considering whether it would be mutually beneficial before preliminary discovery is completed. Counsel agreed to confer with their respective clients before making a decision.

The parties also considered, but declined, to consent to a trial by a magistrate judge and the use of the short trial program.

Further, the parties discussed electronic evidence, but have no electronic evidence to present at this time. The parties stipulate they will provide discovery in an electronic format with the Court's electronic jury evidence display system.

Plaintiffs agree to receive electronic service at tterry@christiansenlaw.com, keely@christiansenlaw.com, jcrain@christiansenlaw.com, ab@christiansenlaw.com, chandi@christiansenlaw.com, and esther@christiansenlaw.com. Defendants agree to receive electronic service at awestbrook@perrywestbrook.com and jmeacham@perrywestbrook.com.

ORDER

IT IS ORDERED that ECF No. 7 is DENIED. The Court does not find good cause for the lengthy discovery period the parties requested.

IT IS FURTHER ORDERED that the parties must file a new proposed discovery plan and scheduling order by 4/22/2022 and may seek up to an additional 90 days beyond the standard 180-day discovery plan starting from February 11, 2022.

IT IS SO ORDERED

(Image Omitted)


Summaries of

Cheek v. Cent. Trucking Inc.

United States District Court, District of Nevada
Apr 19, 2022
2:22-cv-00271-GMN-BNW (D. Nev. Apr. 19, 2022)
Case details for

Cheek v. Cent. Trucking Inc.

Case Details

Full title:NIKKIE LYNN CHEEK, an Individual; NIKKIE LYNN CHEEK and KATHLEEN J…

Court:United States District Court, District of Nevada

Date published: Apr 19, 2022

Citations

2:22-cv-00271-GMN-BNW (D. Nev. Apr. 19, 2022)