Opinion
2:22-cv-00632-BNW
07-16-2024
VALERIE SOTO; an individual, Plaintiff, v. INFINITY HOSPICE CARE, LLC; AN ARIZONA LIMITED LIABILITY COMPANY, NEVADA HOSPICE AND PALLIATIVE CARE, INC.; A NEVADA CORPORATION, INFINITY HOSPICE CARE OF LAS VEGAS, LLC, A NEVADA LIMITED LIABILITY COMPANY, INFINITY HOSPICE CARE OF RENO, LLC; A NEVADA LIMITED LIABILITY COMPANY, SWEET HOME BELMONT, LLC; A NEVADA LIMITED LIABILITY COMPANY, DOES I-X; ROE CORPORATIONS AND/OR ENTITIES I-X, Defendants.
HALL & EVANS, LLC ADAM R. KNECHT, ESQ. Nevada Bar No. 13166 YULIYA BRADY, ESQ. Nevada Bar No. 14699 Attorneys for Defendants Infinity Hospice Care, LLC, Nevada Hospice and Palliative Care, Inc., Infinity Hospice Care of Las Vegas, LLC, and Infinity Hospice Care of Reno, LLC Paul S. Padda, Esq. PAUL PADDA LAW, PLLC Counsel for Plaintiff Counsel Ethan M. Featherstone, Esq. LEWIS BRISBOIS BISGAARD & SMITH, LLP Counsel for Defendant Sweet Home Belmont, LLC
HALL & EVANS, LLC
ADAM R. KNECHT, ESQ.
Nevada Bar No. 13166
YULIYA BRADY, ESQ.
Nevada Bar No. 14699
Attorneys for Defendants Infinity Hospice Care, LLC, Nevada Hospice and Palliative Care, Inc., Infinity Hospice Care of Las Vegas, LLC, and Infinity Hospice Care of Reno, LLC
Paul S. Padda, Esq.
PAUL PADDA LAW, PLLC
Counsel for Plaintiff Counsel
Ethan M. Featherstone, Esq.
LEWIS BRISBOIS BISGAARD & SMITH, LLP
Counsel for Defendant Sweet Home Belmont, LLC
STIPULATION TO EXTEND ALL DISCOVERY DEADLINES
Pursuant to Federal Rule of Civil Procedure 6 and the Court's Local Rules of Civil Practice LR IA 6-1 and LR 26-3, the parties to this action respectfully request that the Court approve this Stipulation to extend the current discovery deadlines by 90-days. Counsel for the respective parties communicated regarding this matter and agree that the requested extension is necessary and supported by good cause/excusable neglect. This is the parties' third request for an extension of the discovery deadlines.
As the Court is aware, this case generated significant motions practice prior to Plaintiff filing a First Amended Complaint. Since Plaintiff's filing of her First Amended Complaint, Infinity Defendants filed another dispositive motion (ECF No. 79) and Defendant Sweet Home Belmont recently filed an Answer (ECF No. 76) setting forth various affirmative defenses.
On June 29, 2024, this Court issued a minute order denying Infinity Defendants' Motion without prejudice for the parties to meet and confer regarding the way, if any, in which Limprasert impacts the viability of the pending claim. The Court explained that on June 27, 2024, the Nevada Supreme Court decided Limprasert v. PAM Specialty Hosp. of Las Vegas LLC, 140 Nev. Adv. Op. 45 (2024), which significantly impacted the issues before the Court. The Court scheduled a hearing for Monday, July 1, 2024. But Limprasert (1) rendered irrelevant many of the arguments the parties briefed, and (2) broadened the range of arguments.
Furthermore, settlement discussions have taken place between the parties that might lead to a resolution in this matter.
Given the upcoming expert disclosure deadline, the parties agree that additional time is needed for settlement discussions and/or to provide the parties' respective experts sufficient additional information to formulate opinions. To that end, the parties also need to complete written discovery and coordinate the depositions of various fact/expert witnesses.
In communicating regarding this proposed extension of the discovery deadlines, counsel for the parties consulted their respective schedules and agree that a 90-day extension of the current discovery deadlines is appropriate to permit the completion of discovery in this case while, at the same time, balancing their competing work schedules.
As evidenced above, the parties are actively working on this file and this request is not based on any dilatory actions of either party.
In light of the foregoing, the parties propose the following discovery schedule be approved by the Court:
EVENT
CURRENT DEADLINE
PROPOSED DEADLINE
Discovery Cut-Off
October 3, 2024 (Thursday)
January 02, 2025 (Thursday)
Amending Pleadings and Adding Parties
August 5, 2024 (Monday)
November 04, 2024 (Monday)
Initial Expert Disclosures
August 5, 2024 (Monday)
November 04, 2024 (Monday)
Rebuttal Expert Disclosures
September 3, 2024 (Tuesday)
December 02, 2024 (Monday)
Dispositive Motions
November 3, 2024 (Monday)
February 03, 2025 (Monday)
December 2, 2024 (Monday)
March 03, 2025 (Monday)
If a dispositive motion is filed, the deadline for filing the joint pretrial order will be suspended until 30-days after the decision on the dispositive motions or further Court order. See LR 26- 1(b)(5).
Despite best efforts, the parties have not been able to complete the discovery that is necessary and needed at this juncture. However, the parties believe that, should the Court approve this Stipulation for an extension of discovery deadlines, the additional time requested herein will be sufficient to resolve this case and/or allow the parties to complete discovery.
IT IS SO ORDERED:
The parties' request to extend discovery deadlines, as set forth in their Stipulation filed July 15, 2024, is hereby approved.