Opinion
: 2:22-cv-00824-CDS-DJA
04-11-2023
TATIANA MARTINEZ SANTALLA, an individual, Plaintiff, v. 99 CENTS ONLY STORES LLC; KARLA LNU; DOE PROPERTY OWNER I-V; ROE PROPERTY OWNER I-V; DOE JANITORIAL EMPLOYEE I-V; ROE JANITORIAL COMPANY I-V; ROE MAINTENANCE COMPANY I-V; ROE PROPERTY MANAGEMENT COMPANY IV; DOE MAINTENANCE WORKER I-V; DOE PROPERTY MANAGER I-V; DOE EMPLOYEE I-V; ROE EMPLOYER I-V; and ROE COMPANIES I-V, inclusive, jointly and severally, Defendants.
Gina M. Corena, Esq. Mahna Pourshaban, Esq. GINA CORENA & ASSOCIATES Attorneys for Plaintiff Homero Gonzalez Esq. Attorney for Defendant 99 Cents Only Stores, LLC
Gina M. Corena, Esq. Mahna Pourshaban, Esq. GINA CORENA & ASSOCIATES Attorneys for Plaintiff
Homero Gonzalez Esq. Attorney for Defendant 99 Cents Only Stores, LLC
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [SECOND REQUEST] SUBMITTED IN COMPLIANCE WITH LR26-1(e)
The parties, by and through their counsel, and through their respective counsel, and pursuant to Local Rule 26-3, stipulate to modify their discovery plan as follows:
1. Plaintiff filed her Complaint in the Eighth Judicial District Court for Clark County, Nevada on April 11, 2022.
2. Defendants removed said case to the U.S. District Court for the District of Nevada on May 24, 2022 (ECF No. 1).
3. The parties held their FRCP 26(f) conference on June 15, 2022, and in compliance with FRCP 26(f) and LR 26-1(e) filed their initial Stipulated Discovery Plan and Scheduling Order on June 15, 2022 (ECF No. 9).
4. On June 17, 2022, the Magistrate Judge established a stipulated discovery plan (ECF No. 10).
5. In compliance with Local Rule 26-3, the parties provide the following information regarding the discovery status:
a. Discovery Completed, per LR 26-3(a):
• The parties have exchanged initial disclosures, and supplements, of witnesses and documents, pursuant to Fed.R.Civ.P.26(a) between May 11, 2022 and January 5, 2023.
• Defendant has received signed medical authorizations, and has begun the process of independently obtaining Plaintiff's medical records arising out of the subject incident.
• Defendant deposed Plaintiff Tatiana Martinez Santillan on September 22, 2022.
• Plaintiff and Defendant have served and responded to written discovery requests.
• Witness Lance Kimball has deposed on January 13, 2023.
b. Discovery that remains to be completed:
Additional time is needed for Plaintiff to take the deposition of the FRCP 30(b)(6) designee for Defendant 99 Cent Stores; disclosure of expert witnesses and depositions of expert witnesses. Additional written discovery to Plaintiff and Defendant as deemed necessary following the remaining depositions. Plaintiff held a 2.34 conference call with Defense Counsel on the topics for FRCP 30(b)(6). At current Plaintiff is awaiting dates of availability for Defendants' witness(es) to notice the deposition of their FRCP 30(b)(6).
c. Reasons why discovery was not completed: The parties' current Discovery Plan and Scheduling Order does not allow enough time to conduct further discovery due to the scheduling conflicts that have not allowed for the noticing of Defendant's FRCP 30(b)(6) witness(es). Additionally, Plaintiffs wish to conduct the in-person deposition of the FRCP 30(b)(6) designee for Defendant 99 Cents Store. Additional time for discovery is necessary to avoid prejudice and to facilitate a fair and just investigation of Plaintiff's claims against Defendant. The Parties also intend to extend initial and rebuttal expert disclosures in hopes of reaching a settlement.
d. Proposed schedule for completion of remaining discovery (extension of remaining deadlines by approximately 90 days):
Old Deadlines New Deadlines
Amend Pleadings or Add Parties: 12/12/2022
Initial Expert Disclosure per FRCP 26(a)(2): April 12, 2023 June 12, 2023
Rebuttal Expert Disclosure: May 15, 2023 July 14, 2023
Close of Discovery: June 12, 2023 August 11, 2023
Submit Dispositive Motions: July 11, 2023 September 11, 2023
Joint Pre-Trial Order: August 10, 2023 October 9, 2023
WHEREFORE, the parties respectfully request that this Court extend the discovery period by sixty (60) days from the current deadline as outlined in accordance with the proposed dates above.
IT IS SO ORDERED:
Old Deadlines New Deadlines
Amend Pleadings or Add Parties: 12/12/2022
Initial Expert Disclosure per FRCP 26(a)(2): April 12, 2023 June 12, 2023
Rebuttal Expert Disclosure: May 15, 2023 July 14, 2023
Close of Discovery: June 12, 2023 August 11, 2023
Submit Dispositive Motions: July 11, 2023 September 11, 2023
Joint Pre-Trial Order: August 10, 2023 October 9, 2023
Good morning, The only change is to the court on the first page. The one reflected is the Clark County District Court. You may affix my e-signature to the SAO to Extend Deadlines.
I am waiting on a response from my client as to the date for the 30(b)(6) depo(s). We will follow up today to see if we could get a response.
Warmest regards, Please see the attached SAO for your review.
Also, if you have dates of availability for your FRCP witness(es) then I can amend to add them to the SAO as well.
Thank you, this has been received.
We have upcoming discovery deadlines; do you expect that we will need to look at pushing dates back 30 days or so to allow for calendaring?
Dear counsel, Please see the attached.
Final copy will follow via mail.
Sorry for the delay, but we're still working on our 30(b)(6) witness's availability.
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