Opinion
2:22-cv-00632-BNW
12-13-2022
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 RE, 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.
PAUL PADDA LAW, PLLC, PAUL S. PADDA, ESQ. Attorneys for Plaintiff ALVERSON, TAYLOR & SANDERS, KURT R. BONDS, ESQ., ADAM KNECHT, ESQ., YULIYA BRADY, ESQ. 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 LEWIS BRISBOIS BISGAARD & SMITH LLP, S. BRENT VOGEL, ESQ., MELANIE L. THOMAS, ESQ. Attorneys for Defendant Sweet Home Belmont, LLC S. BRENT VOGEL, MELANIE L. THOMAS, LEWIS BRISBOIS BISGAARD & SMITH LLP, Attorneys for Defendant Sweet Home Belmont, LLC
PAUL PADDA LAW, PLLC, PAUL S. PADDA, ESQ. Attorneys for Plaintiff
ALVERSON, TAYLOR & SANDERS, KURT R. BONDS, ESQ., ADAM KNECHT, ESQ., YULIYA BRADY, ESQ. 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
LEWIS BRISBOIS BISGAARD & SMITH LLP, S. BRENT VOGEL, ESQ., MELANIE L. THOMAS, ESQ. Attorneys for Defendant Sweet Home Belmont, LLC
S. BRENT VOGEL, MELANIE L. THOMAS, LEWIS BRISBOIS BISGAARD & SMITH LLP, Attorneys for Defendant Sweet Home Belmont, LLC
[PROPOSED] STIPULATION AND ORDER TO STAY DISCOVERY
BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE
Plaintiff, VALERIE SOTO (“Plaintiff”), and Defendants, INFINITY HOSPICE CARE, LLC; NEVADA HOSPICE AND PALLIATIVE CARE, INC.; INFINITY HOSPICE CARE OF LAS VEGAS, LLC; INFINITY HOSPICE CARE OF RENO, LLC; and SWEET HOME BELMONT, LLC (“Defendants”), by and through their counsel of record, for good cause shown, pursuant to Federal Rule of Civil Procedure (FRCP) LR IA 6-1 and LR 26-3, that parties timely submit this [First] Proposed Stipulation and Order to stay all discovery deadlines set forth in this Court's Scheduling Order dated August 22, 2022 (ECF No. 23) (“Scheduling Order), pending the Court's determination on Defendants motions and respectfully request that the Court approve this Stipulation and Order to Stay Discovery and request a Status Check in March 2023, which is after the current discovery deadline of February 20, 2023, as set forth in the Scheduling Order as follows:
Because this Stipulation & Order requests a Status Check in March 2023 which is after the expiration of the current discovery cut-off of February 20, 2023, as set forth in this Court's Scheduling Order, (ECF No. 23) and will thus operate to extend current discovery deadlines set forth in the current Order, the parties submit Stipulation and Order this in compliance with LR 263.
A. Discovery Completed
1) On September 1, 2022, Plaintiff served her Initial List of Witnesses and Production of Documents Pursuant to FRCP 26(a)(1) to Defendants Infinity Hospice Care, LLC; Infinity Hospice Care of Las Vegas, LLC; Infinity Hospice Care of Reno, LLC; Nevada Hospice and Palliative Care, Inc., and Defendant Sweet Home Belmont, LLC.
2) On September 01, 2022, Infinity Defendants served their Initial Rule 26(a)(1) Disclosure.
3) On October 17, 2022, Plaintiff served Plaintiff's First Set of Interrogatories to Defendant Infinity Hospice Care, LLC (IHC), Plaintiff's First Set of Interrogatories to Infinity Hospices Care of Las Vegas, (IHC-LV); Plaintiff's Interrogatories to Infinity Hospice Care of Reno, LLC (IHCR); Plaintiff's First Set of Interrogatories to Nevada Hospice and Palliative Care, Inc.; Plaintiff's First Set of Request for Production of Documents to Defendant Infinity Hospice Care of Las Vegas, LLC (IHC-LV); Plaintiff's First Set of Request for Production of Documents to Infinity Hospice Care of Reno, LLC (ICHR); Plaintiff's First Set of Request for Production of Documents to Nevada Hospice & Palliative Care, Inc.; Plaintiff's First Set of Request for Production of Documents to Sweet Home Belmont, LLC;
4) On November 16, 2022, Infinity Defendants (ICH, ICH-LV, ICH-R, Nevada Hospice & Palliative Care, Inc) served responses to each of Plaintiff's written discovery requests.
5) This Stipulation is made in good faith and serves the interests of efficiency and economy
by a stay of current discovery deadlines pending the outcome of Defendants' motions to dismiss. For these reasons, the parties agree to stay and thereafter establish new discovery deadlines, upon the Court's determination of Defendants' pending motions to dismiss;
B. Discovery yet to be completed.
Other than the discovery set forth above, all other discovery remains to be completed in this case.
5) The discovery deadline of February 20, 2023 and all other discovery deadlines set forth in ¶IV of the Scheduling Order shall be stayed pending ruling on the Defendants' motions to dismiss, subject to the potential lifting of the stay upon terms and conditions set forth herein and that the parties and the Court deem just; and, 6) Proposed Schedule The parties request the Court to set a status check sometime in March 2023, which is after the current discovery deadline in the Court's August 22, 2022, Order (ECF No. 22), to discuss amended discovery scheduling and, if necessary, the pendency of Defendants' motions to dismiss.
ORDER
IT IS ORDERED that ECF No. 33 is GRANTED in part and DENIED in part. IT IS GRANTED to the extent that all discovery deadlines will be stayed pending the Court's ruling on Defendants' motions to dismiss.
IT IS FURTHER ORDERED that the parties shall submit a new proposed Discovery Plan and Scheduling Order ("DPSO") within 14 days after the Court's ruling on the pending motions to dismiss. If the parties seek a status conference after the Court's ruling on the motions to dismiss and their submission of a new DPSO, they may seek it when they submit their DPSO.
IT IS SO ORDERED