Opinion
2:21-cv-01815-RFB-BNW
01-06-2022
AURELIO INFANTE LANDIN, individually, Plaintiff, v. CARDENAS MARKETS LLC, a foreign limited-liability Company; DOES 1 through 10; and ROE ENTITIES 11 through 20, inclusive jointly and severally, Defendants.
ERIC BLANK INJURY ATTORNEYS David M. Moore ERIC R. BLANK, ESQ. Nevada Bar No. 06910 DAVID M. MOORE, ESQ. Nevada Bar No. 08580 Attorneys for Plaintiff BREMER WHYTE BROWN & O'MEARA LLP Ty M. Maynarich ANTHONY T. GARASI, ESQ., Nevada Bar No. 11134 MADELINE M. ARCELLANA, ESQ. Nevada Bar No. 13816 TY M. MAYNARICH, ESQ., Nevada Bar No. 14584 Attorneys for Defendant
ERIC BLANK INJURY ATTORNEYS
David M. Moore
ERIC R. BLANK, ESQ.
Nevada Bar No. 06910
DAVID M. MOORE, ESQ.
Nevada Bar No. 08580
Attorneys for Plaintiff
BREMER WHYTE BROWN &
O'MEARA LLP
Ty M. Maynarich
ANTHONY T. GARASI, ESQ.,
Nevada Bar No. 11134
MADELINE M. ARCELLANA, ESQ.
Nevada Bar No. 13816
TY M. MAYNARICH, ESQ.,Nevada Bar No. 14584
Attorneys for Defendant
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff AURELIO INFANTE LANDIN (“Plaintiff”) and Defendant CARDENAS MARKETS LLC (“Defendant”), (collectively, the “Parties”) by and through their undersigned counsels of record, as to the extension of all pending deadlines for sixty (60) days in this matter to allow for necessary discovery. The Parties met and conferred in good faith pursuant to LR IA 1-3(f) and agreed to the following continuance of deadlines in this matter in lieu of Defense Counsel filing a Motion to Extend Discovery Deadlines. ///
I. DISCOVERY COMPLETED TO DATE
The Parties have participated in the following discovery to Dated:
1. The Parties met and conferred and timely filed a Joint Status Report Regarding Removed Action including the date certain indicated for their FRCP 26 Conference;
2. The Parties timely appeared for their FRCP 26 Conference and timely exchanged disclosure statements thereafter;
3. Plaintiff's FRCP 26.1 Initial Disclosure of Witnesses and Exhibits;
4. Defendant Cardenas Markets LLC's Initial FRCP 26(A)(1)(A) Disclosures;
5. Defendant Cardenas Markets LLC propounded written discovery;
6. The Parties met and conferred in good faith pursuant to LR IA 1-3(f) regarding the proposed Stipulation and Order Regarding FRCP 35 Medical Examination of Plaintiff Aurelio Infante Landin tentatively scheduled to proceed on February 4, 2022 with Dr. Wang subject to execution of the Stipulation and Order regarding same. (See, [proposed] Stipulation and Order Regarding FRCP 35 Medical Examination of Plaintiff Aurelio Infante Landin, attached hereto as Exhibit A).
II. DISCOVERY REMAINING TO BE COMPLETED
The Parties plan to complete the following discovery:
1. FRCP 35 Medical Examination of Plaintiff Aurelio Infante Landin tentatively scheduled to proceed on February 4, 2022 with Dr. Wang subject to execution of the Stipulation and Order regarding same;
2. Plaintiff to propound written discovery on Defendant Cardenas Markets LLC;
3. Depositions of Plaintiff and Defendant's 30(b)(6) representative;
4. Depositions of percipient witnesses;
5. Depositions of the Parties' treating physicians and/or retained experts;
6. Supplemental FRCP 26 disclosures;
7. Additional written discovery and/or subpoena duces tecum of records from necessary providers;
8. Initial expert disclosures;
9. Rebuttal expert disclosures;
10. Any additional discovery that is necessary as the Parties proceed through discovery.
III. REASONS WHY DISCOVERY NOT COMPLETED WITHIN TIME SET BY DISCOVERY PLAN
The Parties have acted in good faith, attempting to comply with discovery deadlines in light of the ongoing Covid-19 pandemic, perpetually shifting government protocols, and dissemination of information regarding social distancing and local mandates related thereto. Defense Counsel submits that due to Covid-19 protocols varying among medical providers he has had difficulty securing a medical examiner, in addition to a Spanish-English interpreter, in advance of the holiday season. Lastly, Defense Counsel submits that due to an unexpected health circumstance that he was unable to timely file the Stipulation and/or Motion to Extend Discovery deadlines twenty-one (21) days prior to the expiration of the Initial Expert Disclosure deadline.
Accordingly, the Parties respectfully request that the discovery deadlines in this matter be extended by an additional sixty (60) days in this matter.
IV. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
Based on the foregoing, the proposed schedule for completing discovery is as follows:
Discovery Deadline
Current Deadline
Proposed Deadline
Initial Expert Disclosures
January 5, 2022
March 4, 2022
Rebuttal Expert Disclosures
February 4, 2022
April 4, 2022
Discovery Cut-Off Date
March 7, 2022
May 6, 2022
Dispositive Motion Deadline
April 6, 2022
June 6, 2022
Joint Pre-Trial Order
May 6, 2022
July 6, 2022
V. TRIAL DATE
Presently, this matter has not been submitted for trial and no trial date has been scheduled.
IT IS SO ORDERED