Opinion
2:21-cv-00639-JCM-BNW
01-31-2022
JULIE HANNA, Plaintiff, v. K-KEL, INC.. a Nevada Corporation; DOES I X; and, ROE Business Entities I-X, Mark Broadhurst, Mike York, and Chase Swanson. Defendants.
JAMES P. KEMP, ESQUIRE KEMP & KEMP, ATTORNEYS AT LAW Attorney for Plaintiff Julie Hanna Kathryn Black, Esquire Pro Hac Vice Admission Attorney for Plaintiff Scott Mahoney, Esquire Nevada Bar No. 1099 Attorney for Defendant
JAMES P. KEMP, ESQUIRE KEMP & KEMP, ATTORNEYS AT LAW Attorney for Plaintiff Julie Hanna
Kathryn Black, Esquire Pro Hac Vice Admission Attorney for Plaintiff
Scott Mahoney, Esquire Nevada Bar No. 1099 Attorney for Defendant
STIPULATION AND ORDER TO EXTEND DEADLINE FOR DISCOVERY PERIOD [THIRD REQUEST]
Pursuant to Local Rules 6-1 Defendant K-Kel, Inc. (“Defendant”) and Plaintiff Julie Danou Hanna (“Plaintiff'), by and through their undersigned counsel, hereby stipulate to amend the Order Granting Stipulated Extension of Deadlines (ECF No. 33) as follows:
| Expert Disclosure Deadline | |
| Rebuttal Expert Disclosure Deadline | May 9, 20221 |
| Discovery Deadline | June 8, 2022 |
| Dispositive Motion Deadline | July 8, 2022 |
| Joint Pretrial Order Deadline | August 8, 2022 or 30 days from a ruling on a dispositive motion |
However, the parties have agreed that any defense rebuttal expert report relating to the report of Plaintiff's expert, Ryan S. Shugarman, will be submitted by April 9, 2022.
This is the third request for an extension to the discovery plan and scheduling order in this matter. The requested extension is sought in good faith and not for purposes of undue delay.
DISCOVERY COMPLETED TO DATE
The parties have exchanged initial disclosures pursuant to FRCP 26(a)(1). Plaintiff has served written discovery upon the Defendant, and Defendant has provided responses. Defendant has served written discovery on Plaintiff and responses are not yet due. Defendant has subpoenaed five sets of medical records. Plaintiff has served an expert witness report and Defendant has identified an expert it would like to use. The parties have agreed that the Plaintiff's responses are due February 14, 2022, and February 16, 2022. Plaintiff has noticed depositions for February 16, 17, and March 1, 2022.
DISCOVERY REMAINING
The deposition of Plaintiff and other parties, current and former employees of Defendant, experts and potentially other persons, as well as possible further written discovery.
REASON FOR EXTENSION OF DISCOVERY
In addition to general complications from dealing with the global pandemic and restrictions of COVID-19, Plaintiff's contested motion to file a First Amended Complaint was granted on January 20, 2022 (ECF No. 39), adding three individual defendants to the case. It was prudent that depositions not proceed until it was resolved whether new parties would be added. Also, these parties need to be served before any discovery can be taken from them. As for the rebuttal expert deadline, Defendant has identified a rebuttal expert it would like to use, but that person could not prepare a report within the existing deadline due to his schedule, and not all medical records of Plaintiff have been produced yet in response to the subpoenas that have been propounded.
PROPOSED DATE FOR THE COMPLETION OF DISCOVERY
The parties presently believe they can complete discovery by the proposed new date of June 8, 2022.
Respectfully submitted, ORDER
IT IS SO ORDERED.